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Re: Bit of A Rant
[Re: Tx Deer Hunter]
#1912256
12/12/10 03:00 AM
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Joined: Mar 2007
Posts: 794
tx270
Tracker
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Posts: 794 |
You have to understand that a game warden DOES NOT NEED your permission to search your truck. If the warden has probable cause {your were obviously out hunting} and the coolers were in plain sight {in the bed of the truck} then YES he can search them with out you present. Your friend broke the law plain and simple and paid the price. BTW Do you know why Game Wardens are used to enter suspected drug houses? because a game warden does not need a search warrant. All he needs is the suspicion to believe the residents in the house may have broken state game laws. They can search your house, your barns, your cars, your boats and your land all with out a warrant. Game wardens have more authority in Texas to enforce ALL state laws than Texas Rangers do... That is the biggest bunch of false BS posted here. I have two very close friends who are state game wardens, they would tell you a little different story. GW's haven't been used for that reason for drug searches in many years because TPWD knew it was a lawsuit waiting to happen. You need to learn what your talking about.
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Re: Bit of A Rant
[Re: R.G.C.]
#1912266
12/12/10 03:06 AM
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Joined: Feb 2010
Posts: 632
Peters2
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Posts: 632 |
I rfeally don't understand. Why do you have to leave a wing attached?
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Re: Bit of A Rant
[Re: tx270]
#1912276
12/12/10 03:10 AM
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Joined: May 2010
Posts: 239
Tx Deer Hunter
Woodsman
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Woodsman
Joined: May 2010
Posts: 239 |
Well I have video to prove you wrong, and I have personally witnessed GW's used on house searches in south Dallas and in FW...
Last edited by Tx Deer Hunter; 12/12/10 03:11 AM.
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Re: Bit of A Rant
[Re: Tx Deer Hunter]
#1912302
12/12/10 03:27 AM
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Joined: Aug 2005
Posts: 11,788
wal1809
THF Celebrity
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THF Celebrity
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Posts: 11,788 |
With all due respect! It is a myth. Game wardens are subject to the dames rules andaws as any other law enforcement officer. Yes they are use sometimes because they recognize game laws and subsequently could gain access to a search and or arrest when other officers would have overlooked the probable cause and or reasonable suspicion.
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Re: Bit of A Rant
[Re: wal1809]
#1912324
12/12/10 03:37 AM
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Joined: Feb 2010
Posts: 632
Peters2
Tracker
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Posts: 632 |
I hate being ignored!
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Re: Bit of A Rant
[Re: Peters2]
#1912330
12/12/10 03:40 AM
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Joined: Sep 2010
Posts: 866
FowledUp
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Posts: 866 |
I hate being ignored! Prolly to identify species
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Re: Bit of A Rant
[Re: FowledUp]
#1912340
12/12/10 03:44 AM
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Joined: Feb 2010
Posts: 632
Peters2
Tracker
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Thanks for replying bwilliams. Do you know what the law is concerning what this thread has been talking about? You can't have cleaned game in your vehicle in an ice chest?
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Re: Bit of A Rant
[Re: Peters2]
#1912367
12/12/10 03:51 AM
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Joined: Sep 2007
Posts: 3,823
TDK
Extreme Tracker
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You can, but it has to have a wing attached to verify that your game is within the legal specie limit. This stops people from say shooting 3 pintail and breasting them, later to be checked and claiming those birds in the ice chest are gadwall.
The guy knew better(you said so), so I have no sympathy. He broke the law and got caught. What I find disturbing is you want to come on here and "rant" because your friend got caught for doing something illegal. Time to take responsibility for your actions.
Last edited by TDK; 12/12/10 03:59 AM.
A.M. Little Bespoke Gunmakers LLC
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Re: Bit of A Rant
[Re: Tx Deer Hunter]
#1912403
12/12/10 04:09 AM
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Joined: Mar 2007
Posts: 794
tx270
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Well I have video to prove you wrong, and I have personally witnessed GW's used on house searches in south Dallas and in FW... Please tell me where to find this video.... Game wardens can be present for any house raid, etc., because they are a STATE POLICE OFFICER, just like a DPS officer. Though it is generally frowned upon by TPWD in Austin. The only way a game warden can search a house without a warrant is if they have reason to believe there are illegally taken game animals or fish in that residence, and they have to have reasonable proof ahead of time to support that suspicion. They can't just go to a door and say, "hey, do you hunt or fish?" and then say "you do, ok, then I need to search your house". As far as drugs or anything else they have to have a warrant just like any other police officer. End of discussion, period....
Last edited by tx270; 12/12/10 04:11 AM.
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Re: Bit of A Rant
[Re: TDK]
#1912406
12/12/10 04:10 AM
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Joined: Jan 2009
Posts: 19,795
Judd
#1 Creedmoor Fan
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#1 Creedmoor Fan
Joined: Jan 2009
Posts: 19,795 |
Time to take responsibility for your actions. Those days are gone, unfortunately. Sorry your buddy didn't have a great experience with the GW. My experience has always been if you are respectful they show the same respect. As far as getting caught, well it was just that...he got caught, pay the lady at the window.
Don't let your ears hear what your eyes didn't see, and don't let your mouth say what your heart doesn't feel
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Re: Bit of A Rant
[Re: Judd]
#1912410
12/12/10 04:13 AM
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Joined: Jan 2008
Posts: 6,228
Jeff Elder
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jan 2008
Posts: 6,228 |
Leave a wing.. Its the law!! Case closed.
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Re: Bit of A Rant
[Re: R.G.C.]
#1912414
12/12/10 04:16 AM
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Joined: Oct 2005
Posts: 357
R.T.
Bird Dog
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Bird Dog
Joined: Oct 2005
Posts: 357 |
No officer has a right to search your vehicle without your permission or warrant if the vehicle is on private property. Probable cause does not fall into this one fellers. Vehicles....... NO, but they CAN poke their noses into coolers in the bed if they want.
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Re: Bit of A Rant
[Re: TDK]
#1912416
12/12/10 04:18 AM
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Joined: Jan 2010
Posts: 1,269
Grendel 6.5
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You can, but it has to have a wing attached to verify that your game is within the legal specie limit. This stops people from say shooting 3 pintail and breasting them, later to be checked and claiming those birds in the ice chest are gadwall.
The guy knew better(you said so), so I have no sympathy. He broke the law and got caught. What I find disturbing is you want to come on here and "rant" because your friend got caught for doing something illegal. Time to take responsibility for your actions. the bigger issue to me in all this is that he could take more liberty in searching my vehicle without my permission... Without my being present... Without a search warrant. More liberties than can be taken in the investigation of a crime against a "person. It is that erosion of our privacy and rights that is most disturbing to me. Based upon the public responses and PM's received here that seems to be be the consensus. Was my buddy wrong in not following the law specific to the "wing" requirement? Yep, he was wrong. By the way, the judge said it was bogus too. So, I suppoose if gun control is ever passed we are gonna hand those over willingly? It "would" be the lawful thing to do..
I go to Bone Daddy's for the burgers....yeah, that's why.
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Re: Bit of A Rant
[Re: Grendel 6.5]
#1912421
12/12/10 04:21 AM
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Joined: Oct 2005
Posts: 357
R.T.
Bird Dog
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Bird Dog
Joined: Oct 2005
Posts: 357 |
Was the vehicle unlocked? Did the GW use a Slim Jim, or call OnStar to unlock it? How did he search the vehicle without anyones permission? Or are you talking about coolers laying in the bed of the truck?
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Re: Bit of A Rant
[Re: Grendel 6.5]
#1912422
12/12/10 04:22 AM
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Joined: Oct 2005
Posts: 357
R.T.
Bird Dog
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Bird Dog
Joined: Oct 2005
Posts: 357 |
Was the vehicle unlocked? Did the GW use a Slim Jim, or call OnStar to unlock it? How did he search the vehicle without anyones permission? Or are you talking about coolers laying in the bed of the truck?
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Re: Bit of A Rant
[Re: Grendel 6.5]
#1912425
12/12/10 04:23 AM
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Joined: Sep 2007
Posts: 3,823
TDK
Extreme Tracker
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Posts: 3,823 |
Guilt by association. Your buddy broke the law, if'n I was the game warden I would have a pretty good hunch to search the vehicle parked next to it if they were associated.
I would almost bet that if a car was pulled over and the driver was found to have illegal narcotics on himself, the passenger would probably be getting searched too.
A.M. Little Bespoke Gunmakers LLC
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Re: Bit of A Rant
[Re: TDK]
#1912435
12/12/10 04:28 AM
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Joined: Jan 2008
Posts: 6,228
Jeff Elder
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jan 2008
Posts: 6,228 |
Back down??
Grendel6.5 + TDK = Stalemate
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Re: Bit of A Rant
[Re: TDK]
#1912451
12/12/10 04:38 AM
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Joined: Jan 2010
Posts: 1,269
Grendel 6.5
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Guilt by association. Your buddy broke the law, if'n I was the game warden I would have a pretty good hunch to search the vehicle parked next to it if they were associated.
I would almost bet that if a car was pulled over and the driver was found to have illegal narcotics on himself, the passenger would probably be getting searched too.
his ice chest was in my truck. He searched it before he knew anything. Besides, if someone were intentionally poaching or illegally harvesting game do you think they would take the meat to the field while hunting? Where was probable cause?
I go to Bone Daddy's for the burgers....yeah, that's why.
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Re: Bit of A Rant
[Re: Grendel 6.5]
#1912453
12/12/10 04:40 AM
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Joined: Jan 2010
Posts: 1,269
Grendel 6.5
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Enough said. No wonder our current president got elected.
I go to Bone Daddy's for the burgers....yeah, that's why.
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Re: Bit of A Rant
[Re: Grendel 6.5]
#1912465
12/12/10 04:48 AM
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Joined: Sep 2007
Posts: 3,823
TDK
Extreme Tracker
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Extreme Tracker
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Posts: 3,823 |
Obama is the best thing to happen to this country! I voted for him... I cant wait to move to TX and spread my liberal views!
Last edited by TDK; 12/12/10 04:53 AM.
A.M. Little Bespoke Gunmakers LLC
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Re: Bit of A Rant
[Re: TDK]
#1912487
12/12/10 04:57 AM
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Joined: Aug 2005
Posts: 11,788
wal1809
THF Celebrity
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THF Celebrity
Joined: Aug 2005
Posts: 11,788 |
Obama is the best thing to happen to this country! I voted for him... I cant wait to move to TX and spread my liberal views! Austin maybe?
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Re: Bit of A Rant
[Re: TDK]
#1912491
12/12/10 04:58 AM
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Joined: Sep 2007
Posts: 3,823
TDK
Extreme Tracker
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Extreme Tracker
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Posts: 3,823 |
Where was probable cause? You were involved in the taking of wildlife. You may not like it, I dont; but thats the probable cause they need. It has always been this way. Why do you think its possible for a GW to come ask to see your gun and licenses even though you have not done anything illegal? Because your involved in taking game. Obama supporter regards...
A.M. Little Bespoke Gunmakers LLC
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Re: Bit of A Rant
[Re: TDK]
#1912494
12/12/10 04:58 AM
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Joined: Sep 2007
Posts: 3,823
TDK
Extreme Tracker
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Extreme Tracker
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Posts: 3,823 |
A.M. Little Bespoke Gunmakers LLC
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Re: Bit of A Rant
[Re: TDK]
#1912497
12/12/10 05:01 AM
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Joined: Jan 2010
Posts: 1,269
Grendel 6.5
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Obama is the best thing to happen to this country! I voted for him... I cant wait to move to TX and spread my liberal views! Maybe Oak Lawn?
I go to Bone Daddy's for the burgers....yeah, that's why.
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Re: Bit of A Rant
[Re: Grendel 6.5]
#1912515
12/12/10 05:14 AM
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Joined: Oct 2005
Posts: 1,895
1187 supermag
Pro Tracker
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Question about this:
1.17 When do exigent circumstances justify a warrantless search? A. General Rule. If probable cause is present, Service officers may immediately search for and seize evidence that they reasonably believe will be destroyed or removed to another location before they can secure a search warrant. The Supreme Court recognized that law enforcement officers encounter such exigent circumstances and ruled that where probable cause exists, warrantless searches are necessary to prevent the loss of evidence.
So is citing "exigent circumstances" the way game wardens skirt the issue of getting a warrant? It appears that it would be easy for game wardens to prove exigent circumstances. I can see how almost any court would uphold this because of how fast poachers work.
Disclaimer: I'm not saying anyone is a poacher.
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