176 Open Fields Doctrine - With Chief Travis McLain
This week on Warden's Watch, Wayne sits down with Missouri Department of Conservation Chief of
Protection Travis McLain to tackle one of the most misunderstood topics in conservation law: the Open
Fields Doctrine. As both a conservation officer and attorney, Travis breaks down where the doctrine
came from, what it actually means, and why protecting wildlife resources requires a balance between
private property rights and public trust responsibilities.
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Here’s what we discuss:
Why the Open Fields Doctrine continues to generate confusion
Common myths about game warden authority
How conservation officers operate under the same constitutional protections and
limitations as other law enforcement officers
The origins of the Open Fields Doctrine and Hester v. United States
What the Fourth Amendment protects and what it doesn't
Why open fields are different from homes, curtilage, papers, and personal effects
"The Constitution really does apply to conservation officers, just like other police officers."
Why there isn't a game warden behind every tree
How conservation officers prioritize calls, complaints, and active hunting and fishing activity
Respecting private landowners while protecting public wildlife resources
The connection between the Open Fields Doctrine and the Public Trust Doctrine
How wildlife belongs to all citizens, not individual landowners
The history of wildlife management in North America
Robin Hood, the King's deer, and the roots of wildlife law
Why the North American Model of Wildlife Conservation is unique
The role of science and public input in setting regulations
Wildlife management as a balance of biological and social factors
Missouri's recovery from just 2,000 deer to around a million!
"What got us there when they start thinking about totally upsetting the apple cart or
changing the system."
How conservation law enforcement supports long-term wildlife sustainability
The importance of relationships between agencies, landowners, and sportsmen
Why 93% of Missouri being privately owned creates unique challenges
What could happen if conservation officers couldn't investigate wildlife violations on private
land
The role regulations play in protecting future generations of wildlife
Why enforcement is about protecting resources, not writing tickets
Conservation officers as educators and community partners
How officers are trained to respect private property rights
Social media misconceptions about conservation law enforcement
Why many large landowners welcome conservation officers onto their properties
Protecting hunting opportunities for everyone
How officers provide valuable field information back to wildlife biologists
Baiting, disease transmission, and fair chase concerns
"Rules without enforcement are just suggestions."
The Boone and Crockett Club's Poach and Pay study
Why the biggest deterrent to poaching is the presence of a capable guardian
How major wildlife cases often begin with small observations in the field
The difference between making cases and protecting resources
"It's not about the case. It's about stopping the damage that's being done to the public trust
resource."
Why successful conservation means more compliant hunters and anglers, not more citations
Protecting wildlife regardless of land ownership, wealth, or status
Challenges faced by public land hunters
Why wildlife moves freely across property boundaries
The importance of fair and consistent enforcement
Looking beyond today and managing resources for future generations
"If we all work together and respect each other, we can continue to keep going into the
future for everybody."
Final thoughts on balancing private property rights and public wildlife resources
Debunking the myth of "special powers" held by game wardens
Credits
Hosts: Wayne Saunders and John Nores
Producer: Jay Ammann
Warden’s Watch logo & Design: Ashley Hannett
Research / Content Coordinator: Stacey DesRoches
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