Game Warden Field Notes

I love reading them


Dove Caught Your Tongue?
A Waller County game warden and a Harris County game warden were patrolling Waller County when, just before sunset, the wardens heard multiple shots coming from a wooded area. They made their way through the trees and observed three dove hunters having a great hunt, but not retrieving the doves that fell into the woods. If they had, they would have found the two game wardens. After the wardens hid in the brush for about 30 minutes, one of the hunters announced to his friends, “I am done. I have 23.” The wardens looked at one another to make sure they both heard the same thing when the hunter yelled again, “I am done. I have 23 doves.” The wardens took his word for it and announced their presence, separated the hunters, and discovered one with 20 doves, not 23. The other two hunters were within the daily bag limit. One of the wardens walked the hunter who was over his limit back to the hunter’s truck to retrieve his license. At the truck, the warden observed dove feathers that appeared to be from earlier in the day. The warden made a statement to the hunter, “This morning’s hunt was good, wasn’t it?” The hunter promptly agreed that it was really good and then realized what he had done, and said, “Oh, no.” He admitted that he had also shot a limit in the morning. Citations were issued for exceeding daily bag limit and failure to retrieve game.

A Picture Says One Thousand Words
A Washington County game warden received information about a possible hunting violation from a local cyber crimes unit. The warden interviewed an individual that had posted a photo on his Facebook page of six cattle egrets that had been killed during a dove hunt on Labor Day. On the subject’s Facebook page, it was noted that only three doves had been killed because the egrets got in the way. The subject gave a statement stating he and three other individuals had shot the egrets. The warden obtained information on the other three hunters and the location of the violation, which occurred in Austin County. With assistance from an Austin County game warden, statements were obtained from the other three hunters. Citations and restitution pending on all four subjects.

Illegal Attraction
Armed only with a tip about a website from an informant claiming an outfitter might be baiting a dove field, Hopkins and Titus County wardens pieced together an investigation that led to several citations. After locating the hunting operator online, the wardens called to book a hunt. Imagine the outfitter’s surprise when his new customers showed up in game warden gear. The operator admitted to spreading three yards of wheat seed down the middle of a 300-acre pasture with a tractor and frontend loader. Citations were issued for baiting and placing bait to attract.

Smile, You’re on Candid Camera
Two Van Zandt County game wardens were contacted by a local ranch owner concerning a unique picture that was taken on his game camera. The photo showed a woman, with a very distinct tattoo, holding a baby white-tailed deer fawn. The time stamp on the photo said that this woman was on the ranch property in May on the same date and time the ranch was burglarized and several firearms, hunting equipment and a Polaris Ranger were stolen. The wardens then conducted a press conference seeking help from the public in naming the woman in the photograph. The wardens soon received multiple Operation Game Thief calls that matched the woman in the photo with her name and the warden’s received a tip to her current location in Smith County. The wardens, accompanied by a Wood County game warden, went to the location and found her. After being interviewed, the woman confessed to stealing from the ranch and identified her accomplice. The investigation led to a substantial amount of stolen items being recovered, including three guns and the missing vehicle. The case was turned over to the Van Zandt County Sheriff’s Office, where burglary of a habitation, trespass and unlawful use of a motor vehicle were filed on all subjects.

The Chupacabra Is Innocent Until Proven Guilty
Two Val Verde County game wardens investigated mountain lion sighting reports that were called in from the outskirts of Del Rio. The first investigation was for a horse that allegedly had been attacked and the second involved a herd of goats. No indications or evidence was found that a mountain lion is roaming and feeding on pets in Del Rio. The wardens also ruled out a Chupacabra.

I Want Chicken, I Want Liver, Meow Mix, Meow Mix, Please Deliver
Two Val Verde County game wardens responded to a call from a landowner who said there was a bear trying to break in to her storage building. Apparently, the bear was hungry, as it was trying to get to a bag of cat food inside. When the bear ignored the homeowner’s yells, she ran back into her house and retrieved her shotgun. A shot was fired in to the air and the bear ran off. The wardens provided the homeowner with information to try and prevent another encounter.

It’s Raining Bird Shot
Two Taylor County game wardens received a call from a landowner claiming bird shot was falling on their house and even struck their horse. The wardens went to the residence of the landowner and while getting a statement from him, bird shot fell on the wardens. They located the shooters and had a very serious talk.

It Was My Girlfriend’s Fault
A Milam County game warden and Bell County game warden were patrolling Milam County on opening day of dove season when they located a group of hunters right before sunset. The wardens waited to see if the hunters would continue shooting after sunset, and after waiting in the brush for a while, the wardens made contact with them. While among the hunters, the wardens found three men and two shot guns, one a 12-guage, the other a 20-gauge, and spent shells everywhere. The problem with this is that only one man admitted to hunting. One warden asked one of the non-hunters why he had so many shells in the back of his truck. The man said his girlfriend was shooting beer cans. When the warden asked where she was shooting from and to see the cans, the man said she was shooting from 15 yards away and had missed every time. The warden called his bluff and the man later admitted to hunting and citations were issued.

Sooner or Later
A Gonzales County game warden responded to a call regarding a missing boater on Lake Wood several hours after dark. The warden remembered seeing the boater pass by on the Guadalupe River during the middle of the afternoon, so he launched a boat into the river with a deputy sheriff and assisted with the search and rescue. About an hour later, the warden and the deputy found a stranded boater about 10 miles upriver from the Lake Wood dam. He was mosquito bitten, but otherwise unhurt. The boater said he had plowed over a shallow gravel bar and his boat sucked up rocks in the intake and started talking on water and the engine compartment became awash. The man also ruined his cell phone during the ordeal, so calling for help was impossible, but he was close to a dock so he secured his boat and climbed onto the dock to wait for help. As the warden approached the dock, the man said, "I knew you’d come get me sooner or later."

Trophy Duck
Two Refugio County game wardens were checking teal hunters in the northern part of the county when they came across one hunter in particular. The hunter produced his bag and told one of the game wardens that he had bagged the biggest teal duck he had ever seen. The warden advised the hunter that the reason the duck was so big was because it was a mottled duck. The hunter was filed for lack of hunter education course.

Just Tags Don’t Cut It Now
Two Refugio County game wardens finished checking dove hunters and headed over to Bayside to see how the fishermen were doing. Two subjects, who were pulling their boat out of Copano Bay, advised the wardens that they had one gar. One subject did all the talking while the other seemed in a hurry to get things loaded up. One of the wardens asked the fast-moving subject if he had a wedding to get to. The subject said no, so he asked if they had caught any other fish. The subject stated they had a redfish that was almost 28 inches. When the warden checked the ice chest, they saw a 26-inch redfish. The warden asked the subject what he was measuring with and if they had any other fish. The subjects admitted to having two more redfish, one at 29-inches and the other at 30-inches. The fast-moving subject advised the game warden that they would go ahead and tag their fish. The warden advised both subjects that tags would be filled out after both subjects signed their citations.



http://tpwd.state.tx.us/newsmedia/releases/?req=20121003a

I seem to remember the one with the lady holding the fawn from on here. I hope the guns they recovered were his.

last one is pretty funny, I am glad they caught that witch with the fawn...hope she does some time

That picture has been posted here on the forum. Someone here will find it and post a link to it.

good job for the gw keep it up!

Where exactly can I find these?

Several years ago I was the Scoutmaster for a Boy Scout troop and I had a Game Warden come to a meeting to talk to our boys. He spent a half hour talking about some of his experiences, encounters with poachers, and being a good, moral hunter. My favorite story was when he set up a deer decoy about 30 feet off the road. parked his Suburban in the brush and waited. A half dozen people stopped and took shots at the decoy, and he promptly ticketed them. One guy got out of his truck, pulled out a rifle, and shot the decoy. When it didn't fall, he shot again. He realized what was up, so he just laid the gun across the hood and raised his hands in the air. The GW was laughing so hard he almost let him go. Almost.

http://lmgtfy.com/?q=texas+game+warden+field+notes

Those are some good ones there!

Do you feel clever now?

Hey fellers, first post!

You guys must cheer when you pass someone getting a traffic ticket. Just wait until TPWD is really hurting for money and they start nickle and diming hunters and fisherman just to bring in revenue like DPS and municipal officers are doing now. You don't want the State babysitting good responsibile outdoorsmen, searching your property everytime you go out.

Where can reference to this be found or are you just kidding? Welcome to the Forum. Oh BTW, there are a couple of game wardens here on the forum and a slew of law enforcement officers........nuff said!

Ummmmm.......?

There's been no notable change in self worth, awareness or respect subsequent to that posting.

Yep, they all post from their dash mounted laptops when they're not shooting pet dogs.

Carry on.

I love it when a poacher outs himself.

Yep, he might as well just posted, "Hi guys, I'm a poacher and I don't like game wardens or the law. Law don't go 'round here".

Thanks for the welcome! Never been hunting a day in my life, just getting into it. I am learning a lot just browsing the forum

I would hope all the public SERVANTS intend to honor oaths they took and not just follow agency policy. My first thought would be that GW's are not peace officers and would need to contact one and obtain a warrant to search and/or seize any property much less set foot on private property. Apparently hunters have given up a considerable amount of our rights.

Didn't realize there were so many domesticated men out playing in the woods.

being American is trolling now? you should read some other Jefferson material besides your sig.

Amen

Just follow the law and you dont have anyhting to worry about

"Just follow the law and you don't have anything to worry about"
--Every King/Tyrant in history

"When the government fears the People, there is Liberty. When the People fear the government, there is tyranny."
--Thomas Jefferson

Just sayin

Reference to law enforcement revenue generation or TPWD?

Maybe some Public Servants will chime in then

Thanks for the welcome!

Some light reading regarding TPWD Game Warden duties and powers.
http://www.statutes.legis.state.tx.us/Docs/PW/htm/PW.12.htm

Come on here being hostile, well you will get a hostile welcome.

GW's ARE State Peace Officers AND have a Federal Commission through US Fish and Wildlife. Try to have some idea of what you are talking about before you post something as a fact.

Sounds like someone holds some hate for peace officers and doing the right thing in general.

All of your assumptions are wrong, wrong, wrong. Perhaps before publicly demonstrating your ignorance, in the future you'll do a little research. We are in the Information Age for God's sake. All the answers to your incorrect assumptions are at your fingertips.

Good luck to you.

LandPirate said it way better in the post below me.

Rebel,
Something else to consider. These men and women on this forum consider themselves wildlife conservators. They respect wildlife resources. Many of us remember when there were few deer in parts of Texas that are now flush them. Many of us remember when the Redfish population crashed due to commercial and recreational overfishing. Many us remember when there were only a few pockets within the state that held Turkey.

History has taught us how over hunting of Bison, deer, elk, moose, Whooping Cranes, etc led to the demise of those populations. It was conservation minded sportsmen/women like you find here that caused those decimated populations to rebound to what they are today.

You say that you've never hunted but are trying. If that's true I hope you will discover what conservation means. I hope you'll embrace it and live it.

This is why everyone on here cheers when a wildlife thief or cheat is caught and ticketed or arrested. When they keep more than their share there will be less to go around. That greed is what caused the problems in the first place. We are not domesticated. We support and believe in the laws that protect the resources that allow us to engage in the activities we love. If you don't get that and don't understand what I've just explained then you have no business becoming involved in our way of life. We respect the wildlife and we respect the law. Maybe it's time for you to grow up and do the same.

Landpirate
VERY WELL SAID.

TexFlip - didn't realize they are actually commissioned peace officers. That just means they are subject to following the Code of Criminal Procedure and the Texas Constitution themselves.
I wonder how many GW's can recite either of those. Remember innocent until proven guilty? Authoritarians spying on us through facebook and stalking people in the woods is a scary thing.

kt - When someone says "My first thought", that indicates their opinion, not fact.

target - don't put words in my mouth, there is absolutely no hatred here. I just love Liberty and my 4th Amendment. The "law" is far from the ideal "right thing", history shows that very well.

This is gonna get good

I didn't put any words in your mouth. I was going from your words of bashing and making false accusations of law enforcement in general. Do I need to quote your words directly or can you scroll up to your posts yourself?

What history shows LAW BEING FAR FROM THE IDEAL RIGHT THING? Please quote a study or something to back up your opinion?
Again your statements and lack of respect for the law are invalid.


What is your idea of the RIGHT WAY? Please educate us DOMESTICATED PEOPLE.

This would explain your lack of appreciation for the GW's and the work they do to protect our wildlife resources..

I totally agree Landpirate, conservation is very important. In my opinion, however, giving up personal liberty is never the correct route on any issue. Just like hunters and gun enthusiasts encourage a culture of firearm safety and conservation, a culture of personal responsibility, liberty and the due process of law should be on every American's mind. Especially since the vast majority of Texas is private property. It is the REPUBLIC of Texas

That was pretty clever

Game wardens are some of the most well trained officers in the state. Their basic academy is more than 6 months in length. It deals heavily in the CCP, PC, Health and Safety Code, Parks and Wildlife Code, etc. In addition to a heavy dose of Arrest, Search and Seizure. "A.S.S." is derived mostly from the Bill of Rights, the Constitution and Supreme Court decisions that set president in all matters A.S.S.

Game Wardens are peace officers (as defined within the CCP) and as such must follow the same rules as any other LEO.

In short, nobody is giving up liberties. I don't know where you're coming up with that nonsense. It certainly gives you the appearance of being an extreme right winged, fringe nut job. The "REPUBLIC of Texas" statement doesn't help either. Texas is a state of the United States, not an independent republic.

He must have also gotten a couple ticket for speeding on I20 and running red lights at home

Do you remember the big time cyber forensic experts that called the guy a liar and said that his photos were Photoshopped? I do.

http://www.texashuntingforum.com/forum/u...ch_#Post3413792

Hell, I laughed

X2 - on the appearance of a fringe nut job in particular and you comment as a whole.

Honestly, I would feel better if Peace Officers had to contact Game Wardens before they executed a search. If you have a problem with the laws of this state, perhaps you should take it up with the courts and/or legislature because LEO's don't enact policy. Perhaps you should visit a law forum for such debates.

I know you are new to hunting but I have a neighbor that is a game warden and they go through more training than most other public safety officers. Just sayin

I enjoy listening to many points of view. However LandPirate's observation is the one I'm going with.

HMMMMMMMM where did 1776 run of to? He sure got quiet.
I guess he understood he wasnt going to find very many LIKE MINDED uummmmm DOMESTICATED PEOPLE on this forum.

I would tend to think he naturally assumed, (knowing the meaning of this word), that everybody here on the forum would jump on his band wagon to agree with him.

Hey I'm domesticated! Well sorta...I'm almost housebroke.

I fear The Game Warden and have the most respect for them as well. Every time i see one, i thank them for every thing they do.

Hmmmmm... One of those "Sons of the Republic of TX"...

Nah, I'd rather go outdoors.

I honestly respect all law enforcement........UNLESS the officer starts off as jerk and doesn't respond to my respect for him/her. That has only happened ONCE and it was state trooper just trying to dig stuff up. I deserved the ticket I got but not the rest of the bull. I will finish that with saying if have delt with officers on thousands of different occasions.....some were my fault but most (by far) were not due to my actions.
Like I said....only 1 has been the south end of a north bound horse.

Thanks to ALL LEOs for your service.

Looks like we will have another "domesticated man" playing in the woods soon.
Welcome to forum.

To get farther off topic; Just because someone has a badge does not make them right. Cops, wardens, 1811’s…they are all human and subject to the same influences that the rest of us humans are. LEO’s have bad days….. LEO’s break the rules and the law every day. Notice I did not say every LEO breaks the rules every day.

I make a living teaching military and law enforcement and have worked with some good and not so good ones. When LEO’s get an “Us vs Them” attitude it rarely works out for Joe Q Public. The “militarization” of US law enforcement is another slippery slope….. but we can get into that some other time.

So good on 1776 for voicing his opinion, the Republic of Texas is still a free country right?

Not at all. Honestly, the reactions were pretty much par for the course but it is never any less shocking to experience people accepting thier rights being trampled on.

People in general should show respect to each other at all times, not just because they are Officers. That being said, they have a job to do and so do we - to force public servants to do their job correctly.

The "Republic" comment is because we are a Republic and not a Democracy. Democracy is mob rule where 51% can vote to take the other 49%s property and rights away. A Republic protects the rights of the minority which are outlined in the Constitution. Any law, statute, ordinance etc that violates the Constitution is null and void. 4th Amendment trumps Park code.

Tell that to the GW........and the judge.

RebelJohn,
If an officer "tramples" (to use your word) you rights and makes an unlawful arrest, based upon an unlawful search, then any evidence seized will be inadmissible at the subsequent trial. Yes, there are plenty of cases in which people were poorly represented but that's the exception and not the norm. Nor is it the norm that cops go out looking for pin a bogus charge on someone either. If a cop makes an illegal search he's going to answer for it later.

If someone is truly innocent of a crime that they've been accused of, then strongly support them in their quest and fight for justice and truth. This does not mean that people should resist or take up arms against the police. Doing so will only make matters worse for them.

In the list of GW's reports, I don't see where anyone's rights were "trampled". I don't know where you are coming from that insinuation. Again, gives the appearance of being a radical and reacting to any police action.

Ha, just came across this, I though it was pretty clever.

I hate to tell you this Reb but you've already acquired a label with your opening comments. We know how you feel about the "law"!

You mean I don't have the right to, shoot too many dove, blast egrets, not tag redfish, shoot across property lines and smoke meth and steal guns?







I'm assuming the tranny with the fawn has partook in smoking a little meth before.

Not to speak for 1776 but I think he is talking about GW’s trespassing (assuming the dove hunters were not on public land). LEO’s need probable cause of a crime to come on your property, gunshots are not probable cause of a crime. We are presumed innocent until proven guilty, not the other way around.

The answer to that particular question might be that GW’s are different from normal LEO’s in that they regulate hunting, not just enforce game laws. It’s an interesting question. I don’t like LEO’s infringing on rights. I would never submit to a LEO searching my property, not because I have anything to hide but because they don't have the right without PC. If a cop asks to search my car for instance, I say no. If he thinks he has PC he will do it anyway but he will have to defend that action in court.

When I was younger I submitted to being handcuffed during a contact for “my protection and his”. I was not drunk (or drinking), I matched no description of a suspect, I was not adversarial in anyway. My only “crime” was I was a big boy. I allowed my freedom to be taken from me for no reason. There is NO WAY I would submit to that today. Cops ask for things they don't have the right to do, if you say yes then you let them “trample” your rights.

I’m no radical, just a normal guy that raised my right hand to defend the constitution.

YOU ARE WRONG, WRONG, WRONG.

EDUCATE YOURSELVES PEOPLE

I'll say it again..... OPEN FIELDS DOCTRINE

Google it. Read it. Understand it. Quit giving out incorrect information when you do not know what you are speaking of. That does not help anyone and only confuses the matter worse.

Any peace officer, including game wardens, may enter into "open fields" to observe potential evidence and/or criminal activity. No warrant needed.

Warrants will generally only apply to buildings, structures, homes and vehicles.

I got news for you bud, gunshots are REASONABLE SUSPICION and very well may be PROBABLE CAUSE to a game warden depending on circumstances. Get your facts straight and stop giving out incorrect information. You're only going to get someone in worse trouble or hurt.

Show me where I said warrant.

Nicely said godfather....and I agree.
You had a point and you relayed it respectfully and in no way come across as a radical. Reb on the other hand, well......come across as completely ANTI L.E.O. and I'm willing to bet gets a ton of tickets and needless harassment due to attitude toward cops.

I have received my share of tickets....that I deserved. But I have been given a break many more times than not due to being respectful.

You said that the LEO (including GWs) are trespassing when they enter onto someone's property.

This is absolutely, categorically incorrect. If someone is hunting on that property then the GW has every right and authority to enter onto the property and inspect.

If a helicopter flies over a pasture and the pilot observes what appears to be a marijuana grow, police may enter the property to inspect without a warrant.

It's been challenged time and again through the US Supreme Court, who has time and again, upheld that this is not unconstitutional.

LEOs, including GWs, may not enter your home without a search warrant based upon probable cause, except under exigent circumstances. Your home is altogether different and separate than the "open fields" surrounding it.

I've got news for you on another note too. LEOs may temporarily detain you (including handcuffing) while conducting an investigation. Any resistance to this will only land you in more trouble.

Again, if you're going to hand out info and advice about these matters then read up on it and educate yourself. But quit offering incorrect information. It serves no purpose and may in fact be harmful to others.

godfather has the right idea. Trespassing as well arbitrary searches. I find the fact they are regularly parousing facebook looking for violations pretty creepy.
Officers are trained to question you in a particular way to get you to consent. They never tell you to get out of the car, they ask Would you mind stepping out of the car? Its your duty to preserve your right and exercise it.

Just because an agency, State or Federal, says they have the power to such and such does not make it so. However I am well aware of the reality that if you take it to court you will have the book thrown at you and will end up having to fight in appeal and still may lose.

I saw another discussion on a firearms forum about this same topic but from other states. They were saying the Sheriffs regularly use Game Wardens to get around having to acquire warrants and in some other state GW's can enter your house to check freezers etc.

Take a look at this article out of Upshur County, TX. I am not trying to say this proves any of my points or even that I agree with the property owners but you see how this is an issue. If I were a GW I would not be pleased that my agency has put me in the dangerous position of violating people rights.

http://www.ktre.com/story/19768593/more-charges-could-be-filed-after-game-warden-held-at-gun-point

This is why I previously said, I hope officers are adhering to the oaths they took to defend and uphold the Constitution and not just following agency policy.

[Quote]Not to speak for 1776 but I think he is talking about GW’s trespassing (assuming the dove hunters were not on public land). LEO’s need probable cause of a crime to come on your property, gunshots are not probable cause of a crime. We are presumed innocent until proven guilty, not the other way around.[quote]

Gotta go with Pirate on this. If you're hunting a migratory bird the GW can contact you anywhere they please. And to back that up, I usually invite them to come to our place to keep things in order.

You said that the LEO (including GWs) are trespassing when they enter onto someone's property. No I did not, I said LEO's need PC.

This is absolutely, categorically incorrect. If someone is hunting on that property then the GW has every right and authority to enter onto the property and inspect. Might be true, but how do they know someone is hunting? Again, gun shot alone (IMO) do not make PC

If a helicopter flies over a pasture and the pilot observes what appears to be a marijuana grow, police may enter the property to inspect without a warrant. I think anyone will call this PC.

It's been challenged time and again through the US Supreme Court, who has time and again, upheld that this is not unconstitutional. What has, search without PC? I know that is not what you mean but you are skipping the part where I say they need PC.

LEOs, including GWs, may not enter your home without a search warrant based upon probable cause, except under exigent circumstances. Your home is altogether different and separate than the "open fields" surrounding it. Agree, we are not argueing this in anyway.

I've got news for you on another note too. LEOs may temporarily detain you (including handcuffing) while conducting an investigation. Any resistance to this will only land you in more trouble. While conducting an investigation, not because he is scared.

Again, if you're going to hand out info and advice about these matters then read up on it and educate yourself. But quit offering incorrect information. It serves no purpose and may in fact be harmful to others. Got it, read what I say before you “correct” me.

IF (IF) you are hunting, again gunshots does not mean you are hunting. The GW might hear the guy next to me and stomp all over my place looking for them.

I invite GW on my place too. I give them the combo to the gate and tell them to stop by anytime. I like having the GW around, I hope it keeps trespassers off my place. But just because you and I welcome them does not mean everyone does or should.

Understand that I teach Arrest, Search and Seizure. My courses take 3 to 4 days. I cannot possibly hope to cover all of the reasons and president setting case law associated with this matter on this forum.

I am not saying that LEOs make mistakes and overstep their authority. This is a difficult and complicated matter. Every new ruling by the US Supreme Court has the potential to give or take authority from LEOs. Therefore, it's ever changing.

My goal here is to provide the members of this forum with the most accurate and factual information available. All I ask is that we do not spread false information or misleading information. Someone will run into a GW or LEO and say, "Well I read it on the interwebs, therefore it must be true", as they dig themselves further into a hole.

They don't need it and as a LEO, I don't need it. Contrary to popular belief, most LEOs do not want someone to resist us and offer us the opportunity to fight them. I'm too danged old for it and I don't enjoy all the associated paperwork.

You have to also take into account that GWs have regulatory authority over all wildlife resourse (game and non-game) in this state.

That means that they are granted some leeway in how they enforce those regulations. A fishing pole in the back of pickup bed is pretty compelling evidence that someone has either been fishing, is going fishing, or is fishing.

Fresh blood running down the tailgate of a pickup truck is pretty compelling evidence that someone has recently had a bleeding critter of some sort in their vehicle recently.

Someone shooting off a firearm during an open season is certainly reasonable suspicion to believe that someone "MAY" be involved in the taking or pursuit of a wildlife resource. In other words, reasonable suspicion (RS). RS requires that additional facts, evidence and information must be collected before PC can be obtained. That means you have to go investigate. The Open Fields Doctrine provides the legal vehicle to make this happen and permits the officer to enter onto the property to observe, inspect and question. If he determined that no crimes are committed then he's done. If he discovered that crimes were committed then he file charges, collect evidence, take pics/video, or anything else that is reasonable and necessary.

It would not be practical at this point to tell a group of hunters, "Alright, y'all stay here and leave all them birds on the ground while I run back to town, right up a search warrant, find a judge to sign it and come back in a couple of hours". So exigence dictates that he take whatever necessary action he needs to and take it now.

My goal was to show that not everyone agrees with how LEO's do their job and that some LEO's can and will overstep their authority. I offered no advice, just pointed out a different view. Based on experience, people think and view situations differently. As you well know just because someone has a badge does make them right. Most law abiding citizens assume if a LEO is doing something they are right, unscrupulous people will take advantage if this. In the military we called these people the 10%, it hurts to admit there are S-Bags in every organization but it’s true. I have no way of knowing if there GW in the first post did everything according to the law and the constitution and neither does anyone else that was not there. To assume they did everything right is just like assuming they did everything wrong.

Most of the posters jumped all over 1776 when he expressed his point of view. I doubt 1776 and I agree on everything but folks should be able to read a different point of view without ridiculing them. We don't have to agree to get along and enjoy our passion of hunting on this board.

I agree that LE has had it's share of bad apples. With that said, it's not legal nor is advisable to resist an arrest or search even if you believe the arrest or search to be unlawful. To do so will only add the charge of Resisting Arrest, Detention or Search.

If you were wrongly arrested, searched or detained then there are procedures to deal with that. If you are wrongly charged or evidence is improperly collected then a decent attorney will have it thrown out with a pre-trial motion.

Very prudent advice, I have little to no contact with LE other than friends and at work so let’s hope I never have to use it. I will point out that not everyone buys the “you may beat the rap but you will not beat the ride” mantra. Some folks think even the slightest infraction of their rights are worth standing up for.

I think we have taken this about as far off topic as possible so let’s get back to a hunting discussion. How about them dove, they flying around your place? I'll be back in the woods friday looking for that big buck with my bow and I hope the GW stops by.

Heck, I haven't dove hunted in years. Too much work for too little return. Plus, I'd rather eat quail and turkey.

The county game warden was a member on my lease last year. So he was always welcome.

I am definitley not advocating anyone try to call out "4th Amendment" and leave while an LEO or GW is doing their job because that is a fight you will not win. You will end up bruised, tazed or worse. I can't believe the story in Upshur County ended without injury, thank god.

You ask if you are free to go, let it be known that you are not consenting to any of their actions and you are being forced against you will to comply as well as try and calmly and respectfully educate them as to why they are infringingon your rights. You won't ever beat a citation in court on the merits of the case. If you signed a citation, it over, you consented. But both the courts and law enforcement almost never follow Due Process requirements because their policies are set up that way, to make it more expedient for them to extract money for you. I don't care if its not convenient for them to get warrants everytime they want to come on someone's property - that is a firewall against tyranny.

The Parks code says that all wildlife belongs to the People of the State, not to the State. The only thing the State does is allow for a system to deduce that property to a single owner. The history behind this is directly connected to 1776. In fuedal Europe all lands belonged to the King and/or Nobility. Even if a hunter killed an animal, it was still the property of the land owner and the serfs and slaves were stricly forbidden to take any wildlife by punishment of death. So our laws are in complete contrast to this idea.

Ultimately we cannot blame government because we allowed this to get the point we are at now. The reason we have so much freedom today is because our ancestors wouldn't put up with this.

I think the most important point is that it is not "Us vs Them" with LEO's and GW's. They are us and we are them, and when they infringe on someone else's rights they are only doing it to themselves and their children.

I will be going on my first hunt next weekend and hope to continue for years. I agree with godfather that we don't have to agree to get along and enjoy hunting. I'd say this has been a rowdy exchange of ideas!

Oh yeah and on the Supreme Court stuff, it is argued that the power of judicial review and the ability to delcare State laws unconstituiotnal was usurped in the 1803 Marbury v Madison by the Supreme Court. These powers were never intended.

Only reason I dove hunt is to take my young son. He can talk, move and likes to see the birds fall. I only eat'em cuz I shot'em. Good lesson for him to learn.

Where and what are you hunting? Welcome to the sport, it will hook you and you will spend way too much time and money! Welcome to THF too.

RebelJohn,
I agree with a lot of what you said. However, I'm not sure I understand " If you signed a citation, it over, you consented."

Signing a citation is nothing more than a "field release", based on your promise to appear (signature) in court later. Without your signature/promise, an officer must take you before a magistrate immediately. Translated, that means take you to jail where you will wait to see a magistrate. In this case your vehicle will be searched "Incident to arrest" anyway. It will be inventoried and impounded. Any evidence uncovered under the search incident to arrest or the inventory will be admissible as long as the arrest was proper.

Signing a citation does not give an officer your consent to search you (except a "pat down" or "frisk" for weapons), your belongings, your car or your home or anything else.

Personally I do not ask for consent to search but in rare circumstances. Probably 99% of my searches are done with probable cause.

Now, to put this back on course somewhat. Lets flip this scenario from a position of suspect or defendant to one of law biding citizen and wildlife conservator. Let's say that GWs didn't exist or have the authority to inspect. What would that mean for our wildlife resources? How would each of us be affected by the actions of those that choose to ignore the laws? Those who disrespect those resources? Those that take more than their share? Those that take whatever they want regardless of size or bag limits? Those who illegally bait fields or use some other unfair or illegal advantage?

That would adversely affect all of us. Where do their rights stop and mine begin?

Not sure exactly where I will be dove hunting, my Uncle is taking me. I just know its South zone, about an hour and half from San Antone.

About the citation, I meant as far as fighting one in court you won't win by trying to refute the merits of your case because I understood it to mean you are also agreeing to be governed by those laws/statutes but you may get along with Due Process violations such as illegal search and seizure or failure to take you directly to a Magistrate if you refuse to sign (IMO jail is not a magistrate), or even the format of the complaint or lack of filing an Information withthe court. Maybe I am incorrectly drawing parallels with a traffic stop here.

I understand your point, LandPirate, that there are people who will always be selfish and destructive. I think this is true in most aspects of life. To me, the majority of regulation ends up regulating only the responsible people because criminals don't follow the law. If you make guns illegal then criminals still get guns and the responsible people are left vulnerable. I really think if government was out of the picture that people would still care about conservation and our culture would adapt to reflect that. The entire population of Texas are not hunters and there is already a great attitude amongst current hunters so I dont think it would be that different. I dont think if GW's went away everyone would suddenly want to hunt and if they did they would still have to get permission from property owners, which I assume would protect their property most readily. It would be up to outdoorsmen and private organizations/corporations to gain the knowledge of the parks conditions and wildlife populations and provide service to the community. Hunting guides would be hunting consultants

LEO's and GW's have a very tough job that I would not want but I definitley respect.

Texas Game Warden's Rule and protect our rights to hunt & fish !

Well, I guess hard times flush the chump. Everybody's lookin' for answers...

Going to take a shot here and guess red is rather young.

Ok I went to the link but couldn't find the pic. how do you get it to come up.

---> TPWD GW field notes <---

Handy site to bookmark ---> TPWD