Two days ago the New Hampshire Supreme Court upheld the conviction of Brian Beauchemin, a Henniker, NH man, for the shocking offense of leaving salt and corn kernels in the woods on his own property.
Yes, really…. and yes, it actually is illegal.
The thing that I found interesting about this particular case is that when the officer questioned him about what he was doing his response was a stern (and rife with New Hampshire pride): “I can do whatever I damn want on my own property.”
Sadly, this is far from the truth.
This part of the decision will make those of you who value property rights and your privacy to shake your head:
(Brian) argues that Officer Brown’s presence on his porch during the 2008 investigation violated both the officer’s statutory authority and his own constitutional right to be secure from unlawful searches and seizures. RSA 206:26, I (Supp. 2010) gives conservation officers the power to “enforce all laws, rules and regulations relating to all wildlife, and to go upon any property outside of buildings, posted or otherwise, in the performance of their duties.” The defendant asserts that a conservation officer’s powers only allow him to go on property outside of buildings, but do not permit him to go in or on porches. He argues that because Officer Brown went on his porch, he exceeded his statutory powers.
We disagree.
Sorry, Brian. Not only can the police go all over your property outside of your buildings, but they can walk on your porch too. Got a no-trespassing sign? Tough crap.
The NH Supreme Court has just affirmed what you probably already knew: government agents can snoop all around the outside of your house and there isn’t anything you can do about it.
