God forbid that the fish police are reigned in and have some of their power revoked. They are the only law enforcers who seem to believe that you are guilty until you can prove otherwise.

God forbid that the fish police are reigned in and have some of their power revoked. They are the only law enforcers who seem to believe that you are guilty until you can prove otherwise.

sounds like more money going to waste . if ya gonna stop me you better buy a bigger wheeler and know how to handle it ..... I bought my wheeler to get away from the everyday hassels ... don`t bring em to the trails !!!!!

If your not doing anything wrong you won't mind being stopped!

ATVs are allowed to use public roads under Maine law when a town designates those roads as part of an ATV trail. If ATV riders want the same rights as an auto driver then they should follow the same rules. Buckle up, bubba.

Well , if you are not doing anything wrong than you just won't mind if they come in your house, read your mail, look on your computers hard drive, screen your telephone calls, take a blood and hair sample, talk to your friends and neighbors and relatives, seize your weapons, grab your cigarettes and beer, confiscate your twinkies and your guns. its all for the public safety you know, for your own good.

Whatever happened to the land of the free? Innocent until proven guilty? When our rights are taken away incrementally by the government we'll all just be sheep.

Personally, if I see a warden while I am out riding my ATV I'll stop of my own accord. I don't plan on doing anything wrong so I'll have nothing to hide. If I've had a beer, I'm not going to ride. If my rifle is loaded, I'll be off the machine and walking in a legal hunting area. Problem solved.

No probable cause...no stop. The constitution is pretty clear on that.

Hey Gracie, "First they came for the Communists, and I didn’t speak up -etc.

I am not doing anything wrong - go ahead and go through my pockets officer. - not too very likely.

I go 4 wheeling A LOT in the summer & I always get pulled over. But you know what, I don't care because I am not doing anything wrong. I have nothing to hide. I am not drinking or doing anything illegal. The only people who will whine over this are the people who DO have something to hide or DO drink & ride.

What about people riding on their own property? Just playing devil's advocate here. I don't own a snow machine, and probably never will, but if I am on my own property, drunk, stupiid and want to go for a ride around the north forty who's business is it? I owned a large parcel on Swan Lake several years back, and often found the wardens on my property during the winter checking on snowmobilers accessing the lake near there. Would they have been able to fine me as well, if I had been partying a bit too much? I don't like it one bit. Those founding father's got the Fourth right, I don't think it should be abridged for a few more registration dollars. (Like that's the real reason).

I just love how people get on here, and actually make themselves seem so self-rightous, as if they have never bent the law in their own ways at one time or another. Did any of you even ponder the fact that he was only administered a field sobriety test by the game warden, coming from someone that knows the facts this person was not even over the legal limit..... Or did any of you even know that there is a different legal limit for ATV riders than drivers of automobiles - but I guess none of you have ever gone out to a restaurant, friends house/camp, etc had a beer or two and drove home have you? Instead of critizing one person, why don't you stop and take a look at the fact that this person put himself out there to provide rights to all of us. I am glad that you think game wardens should be able to step foot into your home or property for no reason whenever they choose....I would like to see any of you recite your alphabet backwards perfectly after a long day of ATV riding....but I suppose you all could do that to perfection...seeing as how you are all very upstanding citizens. I don't think the Maine Civil Liberties Union would be standing up for someone who was wreckless, do you? Know the facts before you start judging by picking out and making your own uneducated guess about what really happened....

My wrights war vilated juusst cuzzz i HAD no shirt on and thar were beeer cannns faling off the wheeler that is nOOO rezin to pull me uver, darnnred werdens!

Seriously though I agree with NotJudgingPeople. We all need to know the facts.

Notice how the DA's list of reasons for allowing Wardens to stop people without probable cause has "hecking to see whether ATVs are registered to improve the collection of registration fees, a portion of which is used to acquire and manage public lands" listed first and public safety listed last. It's all about the money. Also, as a landowner, do I have an obligation to let the Warden service use my land to check riders? I think I should have the right to tell them they can't, if they are on my property without probable cause, then they are simply tresspassing.

So sickntired, when they pull you over to check you out, you won't mind if they do a strip search on you to make sure you're not smuggling drugs from Canada? I mean you have nothing to hide, so that won't be a problem for you right?

Just throw the empties away so you don't have any on you.

Oh yes sickntired2, I don't ride an ATV or a snowmobile, I don't drink either. And I'm not whining. I believe that the constitution of the United States clearly protects US Citizens from being randomly stopped by government officials for no other reason than to check to make sure they are not breaking the law.

The facts of this case are the man was not riding dangerously, did not have beer cans falling out of his ATV or anything else. He was simply on his way home after a ride with his son - for those that are juding you do not KNOW THE FACTS because they have not been publicized. Bottom line is there was no reason for the Game Warden to make the stop other than it was at night and they were out riding - is that fair? Learn the true facts before passing judgement!!!

Make sure you don't violate the ATV rider's privacy. But it's OK if they violate my privacy with all the noise they make.

gracie what so if your driveing down the road you want them to stop you and search your person and car just because they want to. Come on, we are supose to have rights! People time to fight back or we won't have any rights in 5 years.

If we keep letting the State take away our rights we won't have ANY rights left in 5 years except the right to shut up.

If we keep letting the State take away our rights we won't have ANY rights left in 5 years except the right to shut up.

If we keep letting the State take away our rights we won't have ANY rights left in 5 years except the right to shut up.

matt29, Do you really think ATV's are noisy? Most of them are the quietest toys you can buy. Yes, there are the 2 strokes that some kids have tearing up the sand pits, but most trail riders are the quiet 4 stroke. These are much quieter than snowmobiles. There are noise ordinances in most towns, file a complaint if these ordinances are being broken. Why do some people believe there right not to hear recreational vehicles are more important than the owners right to enjoy there toy if no laws are being broken. If you do not like the sound of boats, should they be banned?

If you are doing nothing wrong on your ATV and do not mind being stopped by a Warden, great for you. Other people respect the constitution and even though they are doing nothing wrong do not want to be hassled. Just because you are willing to give away some of your rights, don't think others automatically have something to hide because they do not want to give up there rights.

As an ex-law enforcement officer and current Professional I feel compelled to state that it is not acceptable for any government official to pull you over without probable cause or reasonable suspicion that a crime is taking place. This is a violation of our rights as citizens of the United States of America. I was once pulled over on my own 80 acre parcel of land and the fish po po's started harrassing me with questions until I finally informed them that they had no right to be driving their gas hog pos pickup trucks through MY LAND!!! I had more right to be there than they did! Once I was on a Maine Public Reserve and was asked directions by a local game warden. Shouldn't they know where they are if that is their job to do so! These officials should stick to what they were designed to do (Game and Wildlife preservation) and should eliminate the patroling of public and private lands in gas hog trucks rutting up all of the land and ruining access for others. For the most part they have proven to be very subjective and will do anything in their power to corner or catch local people from this state. I would also love to know how they justify riding their trucks on our rail beds when the general public cannot do the same. They abuse their power because we let them. As far as I am concerned Forest Rangers do a much better job at cohabitation with the people of this state!

As an ex-law enforcement officer and current Professional I feel compelled to state that it is not acceptable for any government official to pull you over without probable cause or reasonable suspicion that a crime is taking place. This is a violation of our rights as citizens of the United States of America. I was once pulled over on my own 80 acre parcel of land and the fish po po's started harrassing me with questions until I finally informed them that they had no right to be driving their gas hog pos pickup trucks through MY LAND!!! I had more right to be there than they did! Once I was on a Maine Public Reserve and was asked directions by a local game warden. Shouldn't they know where they are if that is their job to do so! These officials should stick to what they were designed to do (Game and Wildlife preservation) and should eliminate the patroling of public and private lands in gas hog trucks rutting up all of the land and ruining access for others. For the most part they have proven to be very subjective and will do anything in their power to corner or catch local people from this state. I would also love to know how they justify riding their trucks on our rail beds when the general public cannot do the same. They abuse their power because we let them. As far as I am concerned Forest Rangers do a much better job at cohabitation with the people of this state!

Just remember that when you think that they are violating people buy randomly stopping them, then they will be the ones who are blammed because your LOVED ONE was in an accident and killed or seriously hurt when the ATV or Snowmobile struck them or the car they were driving in because the operator while drunk thought he/she could make it across in time.

These men and women work often with out much thanks for the job they do. You all should not be so concerned about that fact this guy got caught... You should be more concerned that he didn't get caught sooner.. or kill someone before. Spend a week in their shoes... Doing what they do... Pull a body or two from a frozen lake see how you feel about it afterwards...

Till then leave the judgement up to the court....

You should leave judgement to the court phildo93 - this man does not ride his ATV very often and especially not drunk...his blood alcohol was borderline for the sobriety test so again know the facts before you start voicing your opinion..I know the facts he is my husband!!!

So phildo93, you think it's ok for a cop to pull someone over for no reason whatsoever? Then what happens once we say thats ok, they can come into your house to make sure you're not growing pot? Frisk you at random in the mall to make sure you're not shoplifting? Where exactly do you draw the line?

Mainefriend...you say you're ex law enforcement and a current professional...where is the professionalism and respect in calling fellow law enforcement "fish po po's"? Hmmmm. I think Maine's wardens do a great job!! Keep up the good work.

Phildo93-you sound like a complete hypocrite telling people to leave judgement up to the court when you yourself aren't doing so. People being killed by drunks is no light matter, and you should not put this man in the same category especially when you don't even know that he was drunk- because he wasn't!...jeeze get a life and stop trying to run people into the ground. You are talking about a man that would risk his own life to pull someone out of a frozen lake....

good for you Maine613! We are each entitled our opinions, which is why this is called the land of the free.

gordon 24...

Not once did I judge the man in the article.. I did however voice my concerns for the "CHARGES" notice "CHARGES" not "CONVICTION!!!! for the result of the stop. I did not in anyway lump him with anyone else I did create the scene for past and in no doubt future accidents & deaths due to the use of ATV 's and Snowmobiles by those who are impaired and operating under the influence.

boogyman...

Did I include police officers in my statement... I think that it was clear that I was talking about the Wardens who under the way the law is currently written, are doing their jobs. As stated in the article and I'll paste it here so you can find it easier.

The law that allows wardens to stop ATV and snowmobile riders has been on the books for more than 50 years and included cars until the U.S. Supreme Court issued a decision in 1979, he said. That decision found that law enforcement officers had to have a reasonable suspicion to stop drivers.

Maine amended its law shortly after that decision to prevent the police from stopping drivers for any reason, according to Harding, but left intact the provisions that applied to off-road vehicles and snowmobiles.

Tell me where in my prior posting did I include town or state police officers... I think that I didn't... With that being said... The COURT will utilmately decide who is capable of doing what and how it needs to be done...

For those who are angry because they think otherwise...

GET OVER IT!!!!!!!!!!!!!

And if this drunk would have killed somebody than everyone would be screaming for the warden's neck for not stopping him.

nixon....

I'm glad to see that someone else views it the same as I did...

I just love it when people object to a law solely based on it being just a step toward losing all rights. That is not what is being talked about here and I think its sad if you live a life always thinking that police officers, Warden's, government etc are doing all they can to try to take all your rights away and that every law is just the first step in taking all your rights away. This particular law has been on the books for a long time and there has been no steps towards taking more rights in fact the law was changed to remove the part that allowed a search of cars, esentially giving back rights. Also certainly since that time there have been plenty of policies and "case law" that has clarified the authority of officers. So how about we just deal with the issue at hand and not all the what ifs. The is only about a Warden being allowed to stop an ATV to check for sobriety, registration, helmets, trespassers, etc and not any of the other stuff that people are throwing out there like "step foot into your home or property for no reason", strip searches for no reason, stopping car for no reason etc, which are clearly not legal.

There is a big difference between an ATV and a car. It is virtually impossible for a Warden to "patrol" for ATV violations, its not like they can follow one to see if they are weaving over the lines, there are no posted speed limit signs, no easy way for a Warden to "stop" an ATV like they do a car, its not like they pull up behind one and turn on the blue lights. I think that may be a big reason as to why this law was allowed to stay on the books. The only practical way for Wardens to make sure ATV riders are not drunk, are legally registered, not trespassing and obeying all the other laws is for them to be allowed to simply do checks. I think the vast majority of ATV's riders have absolutely no problem being randomly stopped by a Warden, as another poster said the few times we have seen a Warden while out on the trail we have always stopped anyway on our own accord.

If this law gets repealed then the few that drink and drive the trails will have a far less likelyhood of being caught because they will know that unless they are doing something really stupid at the time they pass by a Warden they can not be stopped. I hope for safety sakes, especially with the new rail trails coming open, that the Supreme court will keep this law on the books.

Oh and NotJudgingPeople I have to question your first hand knowlegde and/or the accuracy of what you might have been told about the incident at hand as my husband says reciting the alphabet backwards is absolutely not an acceptable field sobriety excercise, is not used, and cant beleive that any officer or Game Warden would have used it as a test.

Gordon24, you are the WOMAN!!! It's one thing to conduct random stops, not stopping everyone in sight, just for the sake of stopping them. We have gone through this in Mars Hill for a few years. ATV'ing used to be a relaxing way to spend the evening, but lately it seems that just by enjoying it, you are putting yourself out there to be scrutinized and harassed. I have heard many stories from families who have had their children scared shi**ess by wardens on a power trip. If I am doing something wrong, I expect to be pulled over. However, when out for an evening ride, I do not enjoy being stopped, searched, questioned, and generally made to feel like a criminal for no other reason other than a warden bored and corrupt with power. Brent, you are the man. It's about time someone fought back!!!

Oh, and by the way, love your handle. Jeff's the man too!!

tHIS IS ONE OF THE REASONS WHY INSURANCE COMPANIES ARE LOOKING AT DROPPING LAND OWNERS INSURANCE POLICIES THAT ALLOW ATV AND SNOW MOBILE TRAILS ON THEIR INSURED PROPERTIES. tHERE ARE DRUNKS ON THE TRAILS. tHERE ARE SPEEDERS ON THE TRAILS. PEOPLE ARE LOSING THEIR LIVES ON THESE TrAILS. JUST PICK UP A NEWSPAPER AND READ ALL ABOUT IT. YOU EITHER WANT HELP GETTING THESE RECKLESS PEOPLE OFF THE TRAILS OR YOU WANT TO LOSE YOUR TRAILS! YOU HAD BETTER DECIDE WHICH WAY YOU WANT IT QUICK BECAUSE THE BALL IS ALL READY ROLLING TO END THE TRAIL SYSTEM!!

Copswife. I know for a fact, that in talking about this very incident at hand, this man as part of his field sobriety test was asked to recite his alaphabet backwards - this is a fact - accept it. So you can run along and tell your cop husband that his particular game warden used this method, whether he beleives it or not. Like I said before, maybe all of you should know the facts of this particular incident before trying to sound like you all actually know what happened that night. Who in their right mind would try and fight this, and who would let this case get this far, if the man in question had been as you all think "drunk"? He is not a drunk and was not a drunk out riding the trails that night. Obviously everyone is entitled to their own opinions, but it is not fair to attack someone that you don't even know - maybe the Bangor Daily should have done a better job of telling the details of what really happened that night....but in reality it probaby would not have helped self-rightous judgemental people such as yourselves....

Our ancestors of the "Greatest Generation" fought in W W II so we wouldn't have to speak German and go through nazi checkpoints to show our papers. I'm glad the courts are finally holding up our Constitution. What took so long anyway? I could never say the alphabet backwards so I must be intoxicated every day of my life.

If I am not doing anything wrong I do not expect to get pulled over. If you want to spend some of your day you wanted to spend with your kids or family with the game warden check then have at it. I thought this was not a communist country. My son in law fought in Iraq for freedom, freedom to what, do exactly what the gov. wants us to do. It seems like every day there are rights being taken away from us. Game wardens feel they own the woods and you are on their property. i feel they have to much power. I think they should have to follow laws as well. I do not want to go snowsledding or 4 wheeling with my son and be stopped and harrassed for no reason. You ppl that do then you have nothing better to do. So sit and wait and be hassled but I work a lot and would like to enjoy my time. I am not whinning I just work hard and would like to enjoy life without being hassled when I do nothing wrong. I certainly have nothing to hide and I dont drink and ride or drive. I respect myself and my rights so those that feel it is ok to be stopped for not doing something illegal then you dont care about your rights.

Copswife, a lot of officers do ask you to repeat the alphabet backwards. I have friends that are officers as well, and it is done by some. I agree with your husband it is not acceptable. Mabe your husband is fair and gives ppl a fair and honest chance. Not all officers do. You can believe that. I believe game wardens should be exactly that, game wardens not judge and jury. They are not above the law, No officer of the law should be able to stop anyone else unless there is probable cause. End of story. What happened to land of the free.

Copswife, a lot of officers do ask you to repeat the alphabet backwards. I have friends that are officers as well, and it is done by some. I agree with your husband it is not acceptable. Mabe your husband is fair and gives ppl a fair and honest chance. Not all officers do. You can believe that. I believe game wardens should be exactly that, game wardens not judge and jury. They are not above the law, No officer of the law should be able to stop anyone else unless there is probable cause. End of story. What happened to land of the free.

Matt29 build a rubber sound proof room in your house then it will be completely silent.

movethen, yes ATV's are noisy when they are being operated about 25 yards from my house. I got sick of hearing it on and off all day long as the rider went around the perimeter of the property next door. As your name suggests, I moved then to an area where no ATV's are allowed. Good riddance to those monstrosities that destroy peaceful enjoyment of the outdoors by hikers and other people who want to be close to nature and that tear up the trails, creating erosion and all manner of environmental problems.