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Re: Bit of A Rant [Re: Tx Deer Hunter] #1912256 12/12/10 03:00 AM
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Originally Posted By: Tx Deer Hunter
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.


Re: Bit of A Rant [Re: R.G.C.] #1912266 12/12/10 03:06 AM
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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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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.
Re: Bit of A Rant [Re: Tx Deer Hunter] #1912302 12/12/10 03:27 AM
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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.


Re: Bit of A Rant [Re: wal1809] #1912324 12/12/10 03:37 AM
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I hate being ignored! soap



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Re: Bit of A Rant [Re: Peters2] #1912330 12/12/10 03:40 AM
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Originally Posted By: Flyway2
I hate being ignored! soap

Prolly to identify species


Re: Bit of A Rant [Re: FowledUp] #1912340 12/12/10 03:44 AM
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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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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.

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Re: Bit of A Rant [Re: Tx Deer Hunter] #1912403 12/12/10 04:09 AM
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Originally Posted By: Tx Deer Hunter
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.
Re: Bit of A Rant [Re: TDK] #1912406 12/12/10 04:10 AM
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Originally Posted By: TDK
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.



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Re: Bit of A Rant [Re: Judd] #1912410 12/12/10 04:13 AM
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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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Originally Posted By: R.G.C.
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.


Re: Bit of A Rant [Re: TDK] #1912416 12/12/10 04:18 AM
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Originally Posted By: TDK
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.
Re: Bit of A Rant [Re: Grendel 6.5] #1912421 12/12/10 04:21 AM
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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?


Re: Bit of A Rant [Re: Grendel 6.5] #1912422 12/12/10 04:22 AM
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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?


Re: Bit of A Rant [Re: Grendel 6.5] #1912425 12/12/10 04:23 AM
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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.



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Re: Bit of A Rant [Re: TDK] #1912435 12/12/10 04:28 AM
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Back down??

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Re: Bit of A Rant [Re: TDK] #1912451 12/12/10 04:38 AM
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Originally Posted By: TDK
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.
Re: Bit of A Rant [Re: Grendel 6.5] #1912453 12/12/10 04:40 AM
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Enough said. No wonder our current president got elected.



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Re: Bit of A Rant [Re: Grendel 6.5] #1912465 12/12/10 04:48 AM
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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!


Last edited by TDK; 12/12/10 04:53 AM.

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Re: Bit of A Rant [Re: TDK] #1912487 12/12/10 04:57 AM
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Originally Posted By: TDK
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?


Re: Bit of A Rant [Re: TDK] #1912491 12/12/10 04:58 AM
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Quote:
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...



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Re: Bit of A Rant [Re: TDK] #1912494 12/12/10 04:58 AM
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Quote:
Austin maybe?


How did you know?



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Re: Bit of A Rant [Re: TDK] #1912497 12/12/10 05:01 AM
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Originally Posted By: TDK
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.
Re: Bit of A Rant [Re: Grendel 6.5] #1912515 12/12/10 05:14 AM
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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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