Ohio deer processors won't face warrantless inspections - The Columbus Dispatch
Taxidermists, who in the quiet of their shop typically make art and memories in the form of animal mounts, at times can also make a stand.
Jeremy Bennett, who runs New Creations Taxidermy and Deer Processing in Logan, caused a small stir for the Ohio Division of Wildlife over what he, and at least one important ally, deemed a not-small constitutional issue.
At stake was Bennett's right to be free from unwarranted government searches under the Fourth Amendment of the Bill of Rights. So asserted The Institute for Justice, an organization headquartered in Arlington, Virginia, which advocates for limited government.
The institute summarized in a news release the events that triggered its involvement:
"During the peak of the hunt in December 2020, Bennett shut down the taxidermy portion of his shop to process deer. A wildlife officer spent about an hour inspecting Bennett's processing operation, then requested permission to enter the taxidermy area. Bennett asked the officer to return in a few weeks when he resumed working in the taxidermy area. The officer departed without objection.
"But a few months later, (Bennett) was criminally prosecuted and threatened with jail time for 'refusing' a warrantless inspection of his taxidermy shop," the institute reported.
A no-contest plea led to a $150 fine and the eventual partnership with the institute, which threatened a lawsuit. The division responded in January by altering its policy effective May 1.
The change requires that taxidermists and processors continue to keep records to help ensure the animals they work on are legally obtained, then goes on to say:
"Wildlife officers may conduct inspections for proper records only with the consent of the (taxidermist, cold storage facility, locker plant or meat processor) involved. If consent is not received, an officer shall obtain a search warrant as specified in (the Ohio Revised Code)."
Bennett was offered an apology by state officials and given $5,000 in compensation to defray legal expenses.
"I'm glad that I was able to make changes that apply to every Ohio business required to keep records by (the Ohio Department of Natural Resources), not just my own," he said. "For too long, Ohio taxidermists and deer processors have been subject to search at any time."
Bennett hopes to have his court record expunged in September.
Fishin' Hawgs
Hayden Mallory and Archer Dill of the central Ohio-based Hartley's Hawgs paired to finish eighth out of 65 teams during the Bassmaster Junior National Championship on Carroll County 1000 Recreational Lake in Tennessee late last month.
Mallory and Dill boated 10 bass totaling 14 pounds, 9 ounces during the two-day event, which is open to qualifiers from second through eighth grade. The winning team's weight totaled 18 pound, 3 ounces.
Grant Buzard and Brooks Hibbit finished 30th out of 46 teams competing in The Bass Federation Junior World Championship on Kentucky Lake in Tennessee in late July. The tournament pits qualifiers not past eighth grade.
Two Hawgs teams, Nathan Fiant and partner Braden McNamara and Drew Kuhnle and partner Jake Jones, have qualified to compete this week in the Bassmaster High School Championship on Lake Hartwell in South Carolina.
Parting shots
Ospreys, bluebirds and a lot of people will miss Dick Tuttle, a teacher by trade and a restorer of threatened wildlife by avocation. Tuttle, a Delaware resident, died July 27 at age 77.
outdoors@dispatch.com
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