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Re: Recent Game Warden Encounter [Re: Brippley] #5492942 12/22/14 06:15 PM
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On my property I wouldn't answer any questions and politely ask him to leave.

Always good to have an attorney on retainer too just in case the LEO takes it personal and wants to haul you in.

I'm not a fan of them entering private property without probably cause, plenty of people live where they hunt and that shouldn't give the wardens free reign to search private residences.

Re: Recent Game Warden Encounter [Re: TurkeyHunter] #5492943 12/22/14 06:16 PM
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Originally Posted By: TurkeyHunter
Originally Posted By: Nogalus Prairie

BTW, I don't like the many Border Patrol checkpoints inside the border I had to stop at 10 times last week either. Felt like Russia. Absolutely unconstitutional. They will be challenged and gone one day.


Just ask, "Am I being detained?"

Say nothing less or more.

They like that.

laugh


You can do exactly that. You can refuse to answer any questions and they will eventually let you through if they are honest. But all the while they are searching for a busted taillight or for you to say/do something to give them reason to detain. Or, if corrupt, make something up (like a fake canine "hit").

Point is they have no legal authority to detain/question you in the first place. That's why IMO they will be challenged and gone one day.

A complete waste of $$ anyway. They don't check 99% of the vehicles.


Originally Posted by Russ79
I learned long ago you can't reason someone out of something they don't reason themselves into.


Re: Recent Game Warden Encounter [Re: Simple Searcher] #5492945 12/22/14 06:18 PM
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Originally Posted By: Simple Searcher
Just because there is a blind is not probable cause.



I believe it is classified as hunting activity and maybe has been upheld by the courts in giving the GW probable cause to investigate hunting activity.


My post is not to argue this and I'd rather not have people coming on any of my land without asking. I'm not talking about whether it's right or wrong, just saying this is how it will probably work when a GW stops by for an unannounced visit. One of you go ahead and challenge it in court sometime. Let us know how it works out.


To be determined
Re: Recent Game Warden Encounter [Re: TurkeyHunter] #5492962 12/22/14 06:26 PM
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Originally Posted By: TurkeyHunter
Originally Posted By: Simple Searcher
Just because there is a blind is not probable cause.



I believe it is classified as hunting activity and maybe has been upheld by the courts in giving the GW probable cause to investigate hunting activity.


My post is not to argue this and I'd rather not have people coming on any of my land without asking. I'm not talking about whether it's right or wrong, just saying this is how it will probably work when a GW stops by for an unannounced visit. One of you go ahead and challenge it in court sometime. Let us know how it works out.


When I retire one day I might if the circumstance arises. Don't have the time or inclination right now. But we have the folks who have challenged LEO authority and won to thank for the court decisions that keep our constitutional rights alive. So I applaud them for it. It's exactly how the system is supposed to work.

Otherwise there would be checkpoints everywhere you go. You can bet on it.

Last edited by Nogalus Prairie; 12/22/14 06:27 PM.

Originally Posted by Russ79
I learned long ago you can't reason someone out of something they don't reason themselves into.


Re: Recent Game Warden Encounter [Re: TurkeyHunter] #5492969 12/22/14 06:30 PM
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Originally Posted By: TurkeyHunter
Originally Posted By: Simple Searcher
Just because there is a blind is not probable cause.



I believe it is classified as hunting activity and maybe has been upheld by the courts in giving the GW probable cause to investigate hunting activity.


My post is not to argue this and I'd rather not have people coming on any of my land without asking. I'm not talking about whether it's right or wrong, just saying this is how it will probably work when a GW stops by for an unannounced visit. One of you go ahead and challenge it in court sometime. Let us know how it works out.


Don't believe it has anything to do with the stand...


From Chapter 12 I believe
Quote:
“An authorized employee of the department may enter on any land or water where wild game or fish are known to range or stray.


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Re: Recent Game Warden Encounter [Re: Brippley] #5492973 12/22/14 06:32 PM
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Security over liberty and such.

I'm no expert, but it seems unconstitutional, to me. If it is, I don't see how anyone couldn't have a problem with it.

Re: Recent Game Warden Encounter [Re: txshntr] #5492979 12/22/14 06:35 PM
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Originally Posted By: txshntr
Originally Posted By: TurkeyHunter
Originally Posted By: Simple Searcher
Just because there is a blind is not probable cause.



I believe it is classified as hunting activity and maybe has been upheld by the courts in giving the GW probable cause to investigate hunting activity.


My post is not to argue this and I'd rather not have people coming on any of my land without asking. I'm not talking about whether it's right or wrong, just saying this is how it will probably work when a GW stops by for an unannounced visit. One of you go ahead and challenge it in court sometime. Let us know how it works out.


Don't believe it has anything to do with the stand...


From Chapter 12 I believe
Quote:
“An authorized employee of the department may enter on any land or water where wild game or fish are known to range or stray.


The GW would most likely say the stand gives him the authority as it indicates "hunting activity". That is a much stronger argument than the provision you cite-which is there, but a weak reed.


Originally Posted by Russ79
I learned long ago you can't reason someone out of something they don't reason themselves into.


Re: Recent Game Warden Encounter [Re: txshntr] #5492991 12/22/14 06:44 PM
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Originally Posted By: txshntr
Originally Posted By: TurkeyHunter
Originally Posted By: Simple Searcher
Just because there is a blind is not probable cause.



I believe it is classified as hunting activity and maybe has been upheld by the courts in giving the GW probable cause to investigate hunting activity.


My post is not to argue this and I'd rather not have people coming on any of my land without asking. I'm not talking about whether it's right or wrong, just saying this is how it will probably work when a GW stops by for an unannounced visit. One of you go ahead and challenge it in court sometime. Let us know how it works out.


Don't believe it has anything to do with the stand...


From Chapter 12 I believe
Quote:
“An authorized employee of the department may enter on any land or water where wild game or fish are known to range or stray.


And I believe the border patrol can require you to let them have a lock on your ranch gate so they can gain entrance - GW the same -


You can't fix stupid
Re: Recent Game Warden Encounter [Re: Simple Searcher] #5493115 12/22/14 07:30 PM
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Originally Posted By: Simple Searcher
Just because there is a blind is not probable cause. There is clearly no law broken for a blind to just be setting in the yard. If probable cause that there are laws broken, enter, with a warrant.
Meth is made in houses. Just because I have a house is not probable cause that I am breaking the law.
Kidd-nappers use cars to take kids. Just because I have a car doesn't give an officer probable cause to search it.
Too many people say "I am doing nothing wrong, I don't have anything to hide." When truthfully if armed officers just walked right in your front door, because they were in the neighborhood, and strip searched your house, you would have a problem.
The point is you are innocent, there is a method for dealing with criminals. It is different than dealing with an innocent citizen. Do not treat me like a criminal.



Exactly!!!

Re: Recent Game Warden Encounter [Re: Brippley] #5493159 12/22/14 07:47 PM
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Was outside working, just returned to view, someone asked if this was my house and not a hunting cabin, yes house on property for over twenty years. We have just under two thousand acres here. I am a retired computer programer. Another asked what county, I would prefer not to answer that other than saying the hill country. The Warden was nice and respectful, just startled all three of us to see someone not invited on our property in our yard and I wanted to ensure that he was not violating the powers that were entrusted to him. He is welcome here anytime.

Re: Recent Game Warden Encounter [Re: Brippley] #5493367 12/22/14 09:32 PM
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Here is a good read - http://www.yourhoustonnews.com/cleveland...f58a45ad2b.html

What stands out is ..." evidence presented by the state that Diaz was the subject of numerous complaints throughout his 27-year career as a game warden..."

Re: Recent Game Warden Encounter [Re: Brippley] #5493383 12/22/14 09:40 PM
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png, what a shame. There are some good wardens out there. But still too many Barney Fifes.


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Re: Recent Game Warden Encounter [Re: Brippley] #5493406 12/22/14 09:51 PM
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Aren't we supposed to be innocent until proven guilty? If there are no reports of suspicious behavior etc. then why are the game wardens snooping around on private property? Shouldn't they assume we are hunting in the deer blind they can see by legal means and methods until a neighboring property owner reports shots at night, or a person posts pictures of a deer bragging about killing it before season opens etc.

I think they should need to have at least suspicion of illegal actions/activity before they go wondering around on your property. Again I will treat them kindly and with respect and likely after I show him my properly filled out license I will ask him how he liked my cooperation and then kindly ask him to leave and call ahead next time. Will it change anything? Maybe not but if there is a next time he will start getting the smart arse routine.


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Re: Recent Game Warden Encounter [Re: redchevy] #5493568 12/22/14 11:16 PM
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I am all for property rights and citizen's rights. There are also bad LEO's. There are also bad lawyers, doctors, oil field workers, hunters, and on and on. This underlying assumption that most of them are bad guys is simply wrong. Overall the LEO's out there are good family people who care about protecting the public from bad guys and they do one hell of a job risking their lives everyday to keep you and your loved ones safe. They are also human and certainly make mistakes like each of us do.

I have never been even close to being on the wrong side of the law other than a traffic violation. Therefore I am not insulted or fearful if an LEO comes to my property or deer lease or wherever to introduce themselves, ask me a question, etc. because I know I have done nothing wrong and have nothing to hide. If the LEO turns out to be a jerk or over steps his bounds then I would remain polite and go to his supervisor at a later date to discuss. But this thought that a GW or any LEO is out to get me because they approach me or come on my property stumps me.


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Re: Recent Game Warden Encounter [Re: tlk] #5493636 12/22/14 11:37 PM
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Originally Posted By: tlk
I am all for property rights and citizen's rights. There are also bad LEO's. There are also bad lawyers, doctors, oil field workers, hunters, and on and on. This underlying assumption that most of them are bad guys is simply wrong. Overall the LEO's out there are good family people who care about protecting the public from bad guys and they do one hell of a job risking their lives everyday to keep you and your loved ones safe. They are also human and certainly make mistakes like each of us do.

I have never been even close to being on the wrong side of the law other than a traffic violation. Therefore I am not insulted or fearful if an LEO comes to my property or deer lease or wherever to introduce themselves, ask me a question, etc. because I know I have done nothing wrong and have nothing to hide. If the LEO turns out to be a jerk or over steps his bounds then I would remain polite and go to his supervisor at a later date to discuss. But this thought that a GW or any LEO is out to get me because they approach me or come on my property stumps me.


It's about something way more important than that.

Re: Recent Game Warden Encounter [Re: Sneaky] #5493641 12/22/14 11:38 PM
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Originally Posted By: Sneaky
Originally Posted By: tlk
I am all for property rights and citizen's rights. There are also bad LEO's. There are also bad lawyers, doctors, oil field workers, hunters, and on and on. This underlying assumption that most of them are bad guys is simply wrong. Overall the LEO's out there are good family people who care about protecting the public from bad guys and they do one hell of a job risking their lives everyday to keep you and your loved ones safe. They are also human and certainly make mistakes like each of us do.

I have never been even close to being on the wrong side of the law other than a traffic violation. Therefore I am not insulted or fearful if an LEO comes to my property or deer lease or wherever to introduce themselves, ask me a question, etc. because I know I have done nothing wrong and have nothing to hide. If the LEO turns out to be a jerk or over steps his bounds then I would remain polite and go to his supervisor at a later date to discuss. But this thought that a GW or any LEO is out to get me because they approach me or come on my property stumps me.


It's about something way more important than that.


Enlighten me please - and if is about conspiracy, Texas should leave the USA, etc. then never mind

Last edited by tlk; 12/22/14 11:39 PM.

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Re: Recent Game Warden Encounter [Re: Brippley] #5493665 12/22/14 11:44 PM
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I understand why someone might have issues with a GW just showing up on your property because he saw some deer stands but quite honestly this doesn't bother me and never has. I'm doing nothing wrong and he is just doing his job. The guy probably wanted to introduce himself and get to know the area. He may have done it in a way that is unappealing to some here but far from illegal. People would be singing a different tune if the GW showed up on their property and caught people poaching, or stealing stuff. Just my opinion but I don't see it as a bad thing to have them checking in on the property, especially if you aren't always there. (which isn't the OP's case but it is for a lot of us).

Re: Recent Game Warden Encounter [Re: Brippley] #5493692 12/22/14 11:53 PM
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Lots of big bravado here.

Seems unconstitutional? Go ahead. Challenge it. You won't be the first and I suspect that you won't be the last. So far, the powers have held.

I am amazed that so many people manage to see their GW. I have been hunting since 2009 and have yet to see one in my county, much less actually meet one.


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Re: Recent Game Warden Encounter [Re: tlk] #5493737 12/23/14 12:13 AM
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Originally Posted By: tlk
Originally Posted By: Sneaky
Originally Posted By: tlk
I am all for property rights and citizen's rights. There are also bad LEO's. There are also bad lawyers, doctors, oil field workers, hunters, and on and on. This underlying assumption that most of them are bad guys is simply wrong. Overall the LEO's out there are good family people who care about protecting the public from bad guys and they do one hell of a job risking their lives everyday to keep you and your loved ones safe. They are also human and certainly make mistakes like each of us do.

I have never been even close to being on the wrong side of the law other than a traffic violation. Therefore I am not insulted or fearful if an LEO comes to my property or deer lease or wherever to introduce themselves, ask me a question, etc. because I know I have done nothing wrong and have nothing to hide. If the LEO turns out to be a jerk or over steps his bounds then I would remain polite and go to his supervisor at a later date to discuss. But this thought that a GW or any LEO is out to get me because they approach me or come on my property stumps me.


It's about something way more important than that.


Basic rights?

Enlighten me please - and if is about conspiracy, Texas should leave the USA, etc. then never mind

Re: Recent Game Warden Encounter [Re: Double Naught Spy] #5493832 12/23/14 12:44 AM
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Originally Posted By: Double Naught Spy
Lots of big bravado here.

Seems unconstitutional? Go ahead. Challenge it. You won't be the first and I suspect that you won't be the last. So far, the powers have held.

I am amazed that so many people manage to see their GW. I have been hunting since 2009 and have yet to see one in my county, much less actually meet one.


They have held because they have not been challenged.

They always do. Up until about a year ago, police could stick a magnetic GPS unit on your car. Now, they can't.


Originally Posted by Russ79
I learned long ago you can't reason someone out of something they don't reason themselves into.


Re: Recent Game Warden Encounter [Re: luv2brode] #5493872 12/23/14 01:00 AM
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Originally Posted By: luv2brode
yep as said above maybe he was getting out trying to meet people, coulda done it better but eh


I suppose we could liken this encounter with the recent event that took place in Victoria. Did he do something wrong? No. Could he have done something differently? In my opinion he could have. If he was there for a social call, perhaps leaving his card at the gate would have been a good option. I'm an LEO as well, but without being dispatched to the residence I don't let myself into anyone's fenced property. At the very least it is impolite.


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Re: Recent Game Warden Encounter [Re: Brippley] #5493883 12/23/14 01:04 AM
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I'm all for game wardens catching poachers. But if I have one show up in my yard at night and asks to sees huntig license because my dog is chewing on a deer bone. I will politely tell him to take a hike.
Nothing good can come of it. Only two things will happen by answering his questions and giving him ur license.
1. He will say thank you and hand it back

2. U forgot to cut out the date. Or sign it. Or used the wrong tag. Or forgot to put the couty on it and he will slap you with a fine. Now maybe u think you are all legal but sometimes u make a mistake. Heck I shot a 13" o greater buck once. I thought I had it all legal. Several months later I pull out my license to show my buddy something and I failed to check the 13" or greater box. I didn't do it on purpose but if a gw asked what kind of deer I shot the year and I told him an 8 point and invited him in the barn to show him the antlers and showed him some pics because I wanted to be friendly. He would then say thanks for showing me. Now here is a 500 dollar ticket and I'm going to need those antlers. I'm just saying. Stuff can happen

Re: Recent Game Warden Encounter [Re: Savage388] #5493896 12/23/14 01:09 AM
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Originally Posted By: Savage388
Originally Posted By: luv2brode
yep as said above maybe he was getting out trying to meet people, coulda done it better but eh


I suppose we could liken this encounter with the recent event that took place in Victoria. Did he do something wrong? No. Could he have done something differently? In my opinion he could have. If he was there for a social call, perhaps leaving his card at the gate would have been a good option. I'm an LEO as well, but without being dispatched to the residence I don't let myself into anyone's fenced property. At the very least it is impolite.



Well put. Thank you sir for what you do. up


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Re: Recent Game Warden Encounter [Re: Closed Traverse] #5494022 12/23/14 01:58 AM
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Originally Posted By: Brandon A
I'm all for game wardens catching poachers. But if I have one show up in my yard at night and asks to sees huntig license because my dog is chewing on a deer bone. I will politely tell him to take a hike.
Nothing good can come of it. Only two things will happen by answering his questions and giving him ur license.
1. He will say thank you and hand it back

2. U forgot to cut out the date. Or sign it. Or used the wrong tag. Or forgot to put the couty on it and he will slap you with a fine. Now maybe u think you are all legal but sometimes u make a mistake. Heck I shot a 13" o greater buck once. I thought I had it all legal. Several months later I pull out my license to show my buddy something and I failed to check the 13" or greater box. I didn't do it on purpose but if a gw asked what kind of deer I shot the year and I told him an 8 point and invited him in the barn to show him the antlers and showed him some pics because I wanted to be friendly. He would then say thanks for showing me. Now here is a 500 dollar ticket and I'm going to need those antlers. I'm just saying. Stuff can happen


Yep. It cracks me up how many people "think" they're always on the right side of the law. When in reality, there's hardly a time when a GW can't find something to cite you for if he/she is so inclined.

There are way too many game laws with way too many details.


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Re: Recent Game Warden Encounter [Re: Sneaky] #5494104 12/23/14 02:30 AM
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Originally Posted By: Sneaky
Originally Posted By: tlk
Originally Posted By: Sneaky
Originally Posted By: tlk
I am all for property rights and citizen's rights. There are also bad LEO's. There are also bad lawyers, doctors, oil field workers, hunters, and on and on. This underlying assumption that most of them are bad guys is simply wrong. Overall the LEO's out there are good family people who care about protecting the public from bad guys and they do one hell of a job risking their lives everyday to keep you and your loved ones safe. They are also human and certainly make mistakes like each of us do.

I have never been even close to being on the wrong side of the law other than a traffic violation. Therefore I am not insulted or fearful if an LEO comes to my property or deer lease or wherever to introduce themselves, ask me a question, etc. because I know I have done nothing wrong and have nothing to hide. If the LEO turns out to be a jerk or over steps his bounds then I would remain polite and go to his supervisor at a later date to discuss. But this thought that a GW or any LEO is out to get me because they approach me or come on my property stumps me.


It's about something way more important than that.


Basic rights?

If you are doing nothing wrong then you have nothing to worry about now do you?

Enlighten me please - and if is about conspiracy, Texas should leave the USA, etc. then never mind


You can't fix stupid
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