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No right to remain silent about poaching cases

You have the right to remain silent as long as the Pennsylvania Game Commission isn't questioning you about possible poaching.

It seemingly runs counter to Fifth Amendment protection from self-incrimination, but the state's Game Code makes it illegal for someone to "refuse to answer, without evasion, upon request of any representative of the commission, any pertinent question pertaining to the killing or wounding of any game or wildlife."State Rep. Mark Keller, R-Franklin, has plans to excise that part of the law after one of his constituents was slapped with a summary violation and $150 fine after he wasn't entirely forthcoming with a wildlife conservation officer investigating a possible case of poaching."This is not consistent with the constitutional principle that protects an individual against self-incrimination," Keller wrote in a memo seeking support for his proposal. "Anyone accused of a crime has a right to remain silent, and this provision in the Game Code essentially penalizes people for exercising that right."Keller's constituent, Central Pennsylvania farmer Jack Coble, had the charges dismissed last month after arguing his constitutional rights were violated, according to the Associated Press."It's an infringement on my constitutional right. I mean, a whole lot of my constitutional rights," he said, according to the AP.Game Commission press secretary Travis Lau said there have only be four instances of charges related to the provision over the past dozen years. It's part of a sub-chapter that covers the killing of deer for agricultural protection, he said.Since Coble had his charges tossed, the commission's Bureau of Wildlife Protection has advised officers that there are other appropriate charges that could be filed in such a case - such as the illegal taking of big game - rather than citing somebody who refuses to answer questions, Lau said.Lau hadn't heard about Keller's proposal until Tuesday, but said, "whether we'd be all right with it, I think at this point we would."Andrew Staub is a reporter for PA Independent and can be reached at

Andrew@PAIndependent.com. Follow @PAIndependent on Twitter for more.