The Arkansas Supreme Court last month ruled that checking an individual's hunting license without a reasonable suspicion of breaking a law is a violation of that hunter"s constitutional rights. The Arkansas Game and Fish Commission is no longer allowing Game Wardens to do random checks for hunting and fishing licenses.
http://arkansasnews.com/news/arkansas/court-ncic-search-violated-hunter-s-rights

It will be interesting to see where the future goes with this and how and if it will effect other State's policies. I would imagine there will be a few cases taken to court in other states using the same argument and case history. Some States make the argument that Game Wardens have the right to check licenses due to Fish and Game being public property. This article from 2013 takes that side and even mentions a hunter safety instructor that was fired basically for teaching his interpretation the same as Arkansas has just ruled.
http://www.outdoorhub.com/how-to/2013/02/27/suppose-you-meet-a-game-warden-in-the-field/

I read the article a little different. It said they didn't have a right to conduct a criminal investigation by running a background check on him while in the field not violating any laws. They can still check your license if hunting is how I read it. Just can't start going any further than that unless you broke a law obvious to them at the time.

This was the article I was actually reading when I posted that. It is a 2015 article, but must have been before the AR Supreme Court Ruling.
http://www.tulsaworld.com/sportsextra/ou...3b6d901e02.html

The state appealed, but in the meantime Callaway had to inform wildlife officers that they could no longer do simple license checks.
“There are no exceptions to this rule!” he wrote in an email to his troops. “Just because a person is hunting or fishing is no longer enough to ask someone for their hunting license, firearms or game.”

Forcing wardens to have probable cause or reasonable suspicion before doing a simple license check makes it almost impossible to make sure people are purchasing licenses, although they could still set up roadblock check stations for that purpose, Callaway said.
“It really affects us,” he said. “During fishing season lots of people are out, you walk the bank or get in the boat and check 15, 20 people and go to the next place. Now you’ll have to sit there hours and watch and count and see if they litter or catch too many before you perform a check, and it really becomes a time-consuming matter for us.”

There was a Tx warden that wondered up on a couple of dudes in Upshur co tx through the woods and got held up by gun point. Im not sure if he was in camo or uniform, but the ex I think constable and his son got into a real crack for that. Maybe this will cut back on surprise attacks like sneaking through the woods on foot and surprising hunters at there deer camp. Hey why not drive up, it just seems safer and wiser in a identification kind of way. You walk up to me in the woods and don't look like a law dog, and your armed, you might get a gun pointed at you too. It may be a more peaceful way to do biz if your not treating everybody like a criminal while in the great outdoors.

their deer camp

I wonder how they'll handle folks engaging in hunts that require federal stamps..

Had a TPWD officer check me last season while dressed in street clothes and working on my tractor near the landowner's barn.

It didn't tick me off near as much as it did the landowner.

It's about time the Constitution was put before game laws, where it belongs.

At what point does it become unreasonable? A tip from someone, can they check your deer if it is hanging, should they not even be allowed on your land, road blocks....where is the defining line? If they can't check you, can't enter your property, can't check your live well, can't check your license, how effective will they actually be?

I have never had an issue with a GW checking my license and never had an issue with showing my DL to an officer. I haven't ever read in the constitution where I have a right as an American to drive or hunt.

The Constitution defines that, not me.

I've never had an issue, either, but some have.

Who said they couldn't check you?

We do have rights to reasonable search and seizure. Has little to do with a right to hunt.

Actually, the Constitution doesn't define that. Without getting into a legal debate concerning it, the Constitution provides rights against unreasonable search and seizure, but doesn't define what is "reasonable." Over the years, the Supreme Court has further provided definition and clarification, but it is not defined.

Interesting clarification provided in this quote, but still leaves it open:



I am far from a scholar in the courts rulings, but just don't see having to show a license when in the act of hunting or fishing as a violation of my Constitutional Rights. I see it as a way for a GW to verify that I am legal when in the act of performing an act that requires the proper documentation.

I don't see it as a violation, either, and I never expressed that.

Interesting, nonetheless.

Easy....I see no issues with it

What was the new Texas amendment going in place about hunting and fishing?

I would wager if and when this ends up in district court, or S court, some of it will be struck down, at least the states right to ask to see a license. Licenses are issued as a privilege not a "right" and usually come with some stipulations, one is to produce it when asked by an LEO, as far as drivers and hunting license's. Actually your Texas DL doesn't even belong to you, it is property of the state, you just pay a fee to carry/have it.

As it stands today, an officer cannot stop you just to check to see if you have a license.

While I don't mind being checked while hunting, asking to see my license when I'm working on a tractor is like an officer knocking on my door and asking for my driver's license just because he sees a car parked in the driveway.

I would agree. Last year, I read on here about someone else having the same thing happen to them, think it was NP. Also, someone else said that they saw a GW check someone in Walmart that was wearing camo. Both of those seem to be over the line IMO.

What is odd, and I could be wrong, but I don't believe that an officer can pull you over simply for driving. He has to see you commit a violation. If that is the case, could the same argument be made for hunting? If so, I go back to my previous post...where is the line drawn? Entering property, searching a boat, searching a cooler, etc.

I think GWs ought to be able to check your license when you are participating in the activities of hunting or fishing. They ought to be able to check your deer or other harvest for the proper tag. They should NOT be able to check you at Walmart just because you are wearing camo. Unless they have a valid reason to believe you are committing an offense, then other than checking your license they should not be allowed to do anything else such as checking your livewell, cooler, etc. Now, if they're sitting down the lake in the shade watching you put fifty 6" crappie in your boat, then all bets are off.

An officer can stop you to check your license, but I don't know of anyone who actually does this other than than as a foundation for checkpoints of some kind. I've never done it and my department doesn't allow it.

Texas Transportation Code
Sec. 521.025. LICENSE TO BE CARRIED AND EXHIBITED ON DEMAND; CRIMINAL PENALTY. (a) A person required to hold a license under Section 521.021 shall:(1) have in the person's possession while operating a motor vehicle the class of driver's license appropriate for the type of vehicle operated; and(2) display the license on the demand of a magistrate, court officer, or peace officer.(b) A peace officer may stop and detain a person operating a motor vehicle to determine if the person has a driver's license as required by this section.

Thanks Grizz. Wasn't sure on that law, just never heard about anyone ever having it done and thought I heard somewhere that it wasn't legal.

Sure can, See Grizz's post above. (thanks Grizz for the cover)

There is also a "Failure to Identify" charge, which can be used if you have no ID/License and give a false name, or produce a fictitious ID/License, do that and you can be charged for that as well. Generally used when a subject gives a fake name/ID when questioned during an investigation. A federal Officer can charge you just for lying.

Personally, I think you should be available for a inspection if you are actively involved in the realm of the license, or under questioning during an investigation, just walking up to you because you have a car in the yard would be pushing it IMO (unless it fits a description under investigation)

So if this law actually goes through, do you think that the he or she GW is going to change their ways? not Theyre are going to do it the same way they have always done it. If they will check you because of your clothing, they will check you out however they want, and then you can cry about it later. Who is really going to know better. Some hillbilly hick? Jimmy Joe let me see your license said the game warden, uhh ok. You think Jimmy Joe hill billy is going to know the new law, or argue with the GW? no and the GW will take full advantage of this.

Agree, and if you give them any slack they can do what they want, even throw you in jail. Best case is you are let off, then the officer goes back to work like nothing ever happened. Cops are basically untouchable. Nothing will change.

Where's the "like" button?

Yep, the court specifically said there was no problem until they continued investigating the guy with no reasonable suspicion after they confirmed his license was good. Game wardens are still allowed to check licences anytime someone is conducting any type of hunting/fishing activities, and I personally don't think it's unreasonable.