ST. PAUL, Minn. – The Minnesota Supreme Court ruled that fishermen have a reasonable right to privacy inside their ice-fishing houses and conservation officers must get permission before entering to check for fishing violations.
The ruling, released Thursday, stemmed from an incident in Rice County, south of St. Paul, in which a conservation officer doing a routine spot check entered an ice-fishing house and eventually charged an angler with fishing with an extra line and possession of marijuana.
The charges were dismissed on the grounds that the officer violated the defendant’s right to privacy.
“The occupant of a fish house is entitled to the protections against unreasonable search and seizure afforded by our federal and state constitutions,” Justice Edward Stringer wrote in the court’s unanimous opinion.
During winter months, ice houses are common on Minnesota’s many lakes. They range from simple canvas shacks to several-room wood cabins complete with carpet, beds and refrigerators.
While someone is in an ice house, activities of a “personal nature” take place, therefore that person can reasonably expect privacy, the court said.
Nathaniel Reitz, assistant Rice County attorney, said he was disappointed with the ruling.
“I am concerned that this decision will make it more difficult for conservation officers to enforce the law and that it will ultimately hurt the sport of fishing in Minnesota,” he said.
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