DNR appeals judge's decision to dismiss poaching charges against Dawson man

Author:
Updated:
Original:

The Department of Natural Resources has appealed this week's court ruling that threw out deer poaching charges against a west central Minnesota man.

Lac Qui Parle County Attorney Richard Stulz filed papers with the Minnesota Court of Appeals on Friday asking the court to reverse a district court judge's decision to dismiss 13 counts that had been filed against Joshua Dwight Liebl, 38, of Dawson.

Liebl was facing gross-misdemeanor and misdemeanor counts of state fish and game violations. The charges were dismissed Monday when Judge Thomas Van Hon ruled that DNR agents violated Liebl's rights against "unreasonable search and seizure."

The judge noted that case law was clear that officers needed a search warrant to attach a GPS tracking device to Liebl's pickup truck. The ruling builds on a 2012 Supreme Court decision that clarified a citizen's right to privacy with the advent of new technology.

The investigation

According to the Star Tribune, the GPS device played a key role in Liebl's arrest in October 2014.

The officers obtained a tracking warrant, but no search warrant, before attaching the GPS to Liebl's truck on Sept. 24, 2014.

He was arrested nearly a month later and officers with the DNR also confiscated the head-and-shoulder mounts and racks of 37 dead deer along with 37 guns in the DNR's highest-profile deer poaching bust in years.

Van Hon's ruling noted that although a search warrant would probably have been granted based on the evidence at the time, the lack of one was enough to dismiss the charges against Liebl.

The newspaper notes that investigation and bust played a role in Gov. Mark Dayton's push for a new state law making some poaching crimes felonies.

Next Up

Flickr - SIMULIIDAE black fly gnat - D. Sikes

South Twin Cities metro besieged by aggressive gnats

Metropolitan Mosquito Control District has received more than 100 calls in recent days.

Teddy Bridgewater

Teddy Bridgewater criticizes Panthers' practice habits

The former Vikings quarterback was not a fan of his time in Carolina.

Associate wearing PPE 2

Amazon will give $100 to new hires who are fully vaccinated against COVID

The company is hoping to hire 1,300 people in Minnesota.

ambulance

1 killed, 1 injured after being ejected from 3-wheel motorcycle

The pair was ejected after the motorcycle left the roadway.

Alex Rodriguez

Reports: Agreement in place to sell Wolves, Lynx to A-Rod, Lore

The deal was first reported to be in the works on April 10.

santa rosa vandalism suspects

3 accused of vandalizing former home of Chauvin defense witness arrested

Police believe more people may have been involved in the vandalism.

BMTN image - Trail closed signs on West River Parkway near Hennepin Avenue Bridge -

Listen: 'Trail Closed' sign plays X-rated message, to shock of pedestrians

The speaker is supposed to play a "Trail closed" message. Instead, it played filth.

lane-kueng-thao - edit

Trial of 3 ex-officers charged in George Floyd's death delayed to 2022

This comes after the U.S. Department of Justice filed charges against the officers last week.

Target Field

Twins: Target Field to return to 100% capacity from July 5

The Twins are increasing capacity for its May and June games, too.

Related

DNR to reconsider deer population goals as hunters express disappointment

Wildlife officials say they're reaching their population goals for deer, but the agency plans to revisit those targets as hunters report they're not seeing the number of deer they've seen in the past. The DNR says hunters bagged 192,300 deer last year. That's down from the peak, 290,000, in 2003.

DNR warns of consequences if state doesn't approve higher hunting, fishing fees

The agency says it will have to make cuts that outdoors enthusiasts will surely notice. Among those cuts could be upkeep to hunting paths, fish surveys and deer habitat.