Content deleted Content added
Daniel Case (talk | contribs) →State v. Stietz: brief mention in dissent |
Daniel Case (talk | contribs) →State v. Stietz: size of the parcel |
||
Line 127:
{{cquote|... [I]mportant practical considerations suggest that the police should not be empowered to invade land closed to the public. In many parts of the country, landowners feel entitled to [[Second Amendment to the United States Constitution|use self-help]] in expelling trespassers from their posted property. There is thus a serious risk that police officers, making unannounced, warrantless searches of 'open fields,' will become involved in violent confrontations with irate landowners ...<ref name="Marshall Oliver dissent note 19">''[[Oliver v. United States]]'', {{ussc|466|170|195n19|1984}} [[Thurgood Marshall|Marshall]], J., dissenting</ref>}}
The scenario Justice [[Thurgood Marshall|Marshall]] feared in his ''Oliver'' dissent came to pass in [[Lafayette County, Wisconsin]], in 2012. Near sunset on the last Sunday of November, the last day of the state's firearm [[Deer hunting#State government regulation|deer season]], Robert Stietz, a cattle and mushroom farmer, went to patrol a detached {{convert|25|acre|ha|adj=on}} parcel of his land off [[Wisconsin Highway 81|state Highway 81]] for illegal hunters and vandals, both of which he had had problems with in the past. He carried both his rifle and a pistol, and drove to the property in his wife's sedan since he did not expect to be bringing a deer carcass home. For the same reason, he wore camouflage and no [[blaze orange]].<ref name="Stietz 803–804">{{cite court|litigants=State v. Stietz|vol=895|reporter=[[North Western Reporter|N.W.2d]]|opinion=796|pin=803–804|court=[[Wisconsin Supreme Court|Wisc.]]|date=2017|url=https://scholar.google.com/scholar_case?case=15612653012475974548|accessdate=September 27, 2019}}</ref>
At the same time, unbeknownst to Stietz, two game wardens with the state's [[Wisconsin Department of Natural Resources|Department of Natural Resources]] were patrolling the area in their vehicle, looking for hunters who might be trying to take a deer after the official end of the season, [[civil twilight|20 minutes after sunset]], which that day was 4:45 p.m. Just before 5, they found the sedan parked alongside the highway. In it they observed an open and empty gun case, a bottle of scent-killing spray and a camouflage [[Tree stand|tree seat]], all of which led them to deduce that the occupant of the car was probably hunting. The car's registration came back to Stietz when they checked it on their vehicle's computer.<ref name="Stietz 803–804" />
|