Maryland DNR Setting Up Shop on My Property

I have a rather large farm that is surrounded by state game lands. A few of my friends enjoy hunting privledges on my propertyy and in the state gamelands.

Last deer season the Dept of Natural Resources decided to sit in one of my fields in their vehicle for 1-2 hours checking everyone and anyone they see hunting. They did this for atleast 2 days and possibly more. ( i was working during that time so I'm not sure if they did it more)
I don't mind them riding through and making a "professional visit" but once the visit is over I do want them to leave my property.

I called and complained and they said they have every right to sit on my property under the "Open Fields" doctrine.. Well, I have read that doctrine and it pertains to searches of fields and curtilage,. it says nothing about sitting on my propertry for long periods of time staking out other hunters..:mad:.

Am I wrong on this? Are they allowed to just sit on my property without my permission??

I would not think that law enforcement can use your property as a base for operation unrelated to investigating a crime on your property. Have you posted no trespassing signage? No, the police cannot intimidate you by posting themselves for long periods of time on your private property under the open fields doctrine. However, you may have to take this to a higher level than you have done.

I agree with Bubba. They used the term open fields, like a person can not look that up on a computer to see what it is. It, as you already know, has NO bearing here.

I would say also, in a strict sense, although maybe not technically legally, it is a violation of your 5th AM rights, a violation of the Takings clause without proper compensation.

I would also say it is a violation of your 4th AM rights. A seizure of your property without Due Process of law.

Here's the problem: "checking everyone they see hunting".

Hunting is a regulated activity, requiring licensing, hunter safety requirements in most states, various permits beyond just a license (for certain game, in certain seasons), firearms regulation, times, methods, bag limits, size limits, species limits, and other interests - AND these apply whether the hunting is occurring on public OR private property. That's why states set up their DNR/Game enforcement at the state level; so that regardless of whether the hunting is happening on privaty, city, county, state, and in many cases via special agreements, even federal, lands, it can be monitored, regulated, and enforced.

If they are hunting, they are subject to regulation and enforcement. If they were NOT hunting, the consensus of the other posters would be right on target.