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| ATV Enforcement Bill Sparks Heated Debate |
| 03/10/2010 11:09 AM ET
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| The bill would allow wardens and other law enforcement officers to stop ATV's on private property without suspicion of any violation. |
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A measure that would allow wardens and other law enforcement officers to stop ATV's operating on privately-owned property without suspicion of a violation prompted heated debate yesteday in the Maine house.
"Read the state constitution, read the federal constitution -- you'll never find a right to trespass, a right to be on sombeody's property without permission," said Rep. Thom Watson, a Bath Democrat. "So we're not stepping back saying we're taking away any rights, because to begin this process, as an ATV operator, you don't have any right to be where you are unless you have landowner permission."
But others insist such stops would violate the rights of people not to be stopped by law enforcement unless there's reason to believe a crime has been committed.
Rep. Josh Tardy, a Newport Republican, says the measure should not allow police to do on private land what they are not allowed to do on a roadway -- stop someone without probable cause. "An argument that landowner relations may be impaired doesn't compel a broadening of police power that tramples the rights of individuals," Tardy said.
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