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Feb 12th, 2024
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 Re: If you hunt on a lease, be sure your land owner knows this......
[Re: mulie_mike]
#2531706
08/25/11 03:35 AM
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Joined: Jan 2007
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ouixch
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Here is the State Code on the matter. A GW can enter your property in the course of their job, they must find their own way onto the property. Also if you see the area highlighted, another misnomer is that a GW can search your truck because you are hunting. That is not legal, he has to show that he has a reason to believe you are storing an unlawfully taken game stored there. He may NOT search your residence without your permission or a warrant, period.
Sec. 12.103. ENTERING LAND; USE OF INFORMATION OBTAINED BY ENTRY; CIVIL PENALTY. (a) To enforce the game and fish laws of the state and to conduct scientific investigations and research regarding wild game or fish, an authorized employee of the department may enter on any land or water where wild game or fish are known to range or stray. No action may be sustained against an employee of the department to prevent his entering on land or water when acting in his official capacity as described by this subsection.
Sec. 12.104. RIGHT TO SEARCH AND INSPECT. (a) A game warden or other peace officer commissioned by the department may search a game bag, vehicle, vessel, or other receptacle if the game warden or peace officer has a reasonable, articulable suspicion that the game bag, vehicle, vessel, or receptacle contains a wildlife resource that has been unlawfully killed or taken.
(b) A game warden or other peace officer commissioned by the department may inspect a wildlife resource or a part or product of a wildlife resource that is discovered during a search under Subsection (a) of this section.
(c) In this section "wildlife resource" means an animal, bird, reptile, amphibian, fish, or other aquatic life the taking or possession of which is regulated in any manner by this code.
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Re: If you hunt on a lease, be sure your land owner knows this......
[Re: ouixch]
#2531777
08/25/11 04:14 AM
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Joined: Jan 2008
Posts: 763
quackwacker58
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Sec. 12.103. ENTERING LAND; USE OF INFORMATION OBTAINED BY ENTRY; CIVIL PENALTY. (a) To enforce the game and fish laws of the state and to conduct scientific investigations and research regarding wild game or fish, an authorized employee of the department may enter on any land or water where wild game or fish are known to range or stray. No action may be sustained against an employee of the department to prevent his entering on land or water when acting in his official capacity as described by this subsection.
Im not a lawyer and im not arguing with you, I just dont how to take this in the bold.
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Re: If you hunt on a lease, be sure your land owner knows this......
[Re: ouixch]
#2531925
08/25/11 08:40 AM
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Joined: Jun 2011
Posts: 844
Jim Davis
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Here is the State Code on the matter. A GW can enter your property in the course of their job, they must find their own way onto the property. Also if you see the area highlighted, another misnomer is that a GW can search your truck because you are hunting. That is not legal, he has to show that he has a reason to believe you are storing an unlawfully taken game stored there. He may NOT search your residence without your permission or a warrant, period.
Sec. 12.103. ENTERING LAND; USE OF INFORMATION OBTAINED BY ENTRY; CIVIL PENALTY. (a) To enforce the game and fish laws of the state and to conduct scientific investigations and research regarding wild game or fish, an authorized employee of the department may enter on any land or water where wild game or fish are known to range or stray. No action may be sustained against an employee of the department to prevent his entering on land or water when acting in his official capacity as described by this subsection.
Sec. 12.104. RIGHT TO SEARCH AND INSPECT. (a) A game warden or other peace officer commissioned by the department may search a game bag, vehicle, vessel, or other receptacle if the game warden or peace officer has a reasonable, articulable suspicion that the game bag, vehicle, vessel, or receptacle contains a wildlife resource that has been unlawfully killed or taken.
(b) A game warden or other peace officer commissioned by the department may inspect a wildlife resource or a part or product of a wildlife resource that is discovered during a search under Subsection (a) of this section.
(c) In this section "wildlife resource" means an animal, bird, reptile, amphibian, fish, or other aquatic life the taking or possession of which is regulated in any manner by this code. Suspicion is the key word there. If they suspect it, they can search. If you deny them the chance to search, they will "suspect" that you're hiding something.
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Re: If you hunt on a lease, be sure your land owner knows this......
[Re: mulie_mike]
#2532138
08/25/11 01:16 PM
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Joined: Aug 2011
Posts: 10
sportsdoc
Light Foot
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Government has to stick their hands in something new all the time. I have never heard of this but I wouldn't put it past them. We own a ranch and are really good friends with the local game warden. He has never mentioned anything about it.
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Re: If you hunt on a lease, be sure your land owner knows this......
[Re: Limit Extender]
#2532143
08/25/11 01:18 PM
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Joined: Jun 2009
Posts: 4,971
Dry Fire
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Ours probably doesn't have it. I don't even think he knows about it. Because if he did, he would raise the lease price by $149. Haven't seen a GW in over 15 years on our place.
coffee spelled backwards is eeffoc. I don't give eeffoc until I have my morning coffee.
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Re: If you hunt on a lease, be sure your land owner knows this......
[Re: sportsdoc]
#2532152
08/25/11 01:21 PM
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Joined: Jul 2006
Posts: 19,161
Mr. Clean
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If the GW fins a Bird Feather next to your truck, that is reasonable cause for him to search. Be careful with "literal translations" of the law. You will most definitely come out losing if you fight it. JM2cents.
I agree with Sportsdoc....the very best thing to do is follow the rules and befriend the warden.
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Re: If you hunt on a lease, be sure your land owner knows this......
[Re: Mr. Clean]
#2532269
08/25/11 02:13 PM
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Joined: Aug 2011
Posts: 224
SBK
Woodsman
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Woodsman
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During dove season its a given (especially opening weekend) for the Game wardens to hit our places.They know us and we dont have any trouble with them. A true funny story..2 years ago opening weekend we are BS`ing back at the trucks after a morning hunt.We are still kinda watching for any birds flying over and just catching up on some ol times when 2 Game Wardens from another county show up.They ask to see our license and check everyones bag and while they are doing this,a couple of birds are flying right at us and someone yells "BIRD".My father being the ol timer he is doesnt give a crap that 2 Wardens are there (we aren`t doing anything wrong) and peppers one of the birds and it basically Kamikazees one of the Wardens right in the damn head!!! For a moment we all just kinda looked at each other and then busted out laughing..His reply....."Good Shot" 
Last edited by SBK; 08/25/11 02:23 PM.
When Zombies attack,I call SHOTGUN!
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Re: If you hunt on a lease, be sure your land owner knows this......
[Re: Jim Davis]
#2532383
08/25/11 03:01 PM
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Joined: Jan 2007
Posts: 2,257
ouixch
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[quote=Jim DavisSuspicion is the key word there. If they suspect it, they can search. If you deny them the chance to search, they will "suspect" that you're hiding something. [/quote]
If they suspect you have taken game illegally and hidden it in your vehicle they can search. Much like any police officer wanting to search your vehicle, you denying them your permission DOES NOT constitute probable cause. If you are out dove hunting, and the warden checks you, and you have your license and are under the limit on birds with a plug in your gun, they have to have probable cause of an illegal to why they need to search your vehicle. Just because you are hunting does not create probable cause that you have done something illegal.
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Re: If you hunt on a lease, be sure your land owner knows this......
[Re: Mr. Clean]
#2532387
08/25/11 03:02 PM
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Joined: Jan 2007
Posts: 2,257
ouixch
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If the GW fins a Bird Feather next to your truck, that is reasonable cause for him to search. Be careful with "literal translations" of the law. You will most definitely come out losing if you fight it. JM2cents.
I agree with Sportsdoc....the very best thing to do is follow the rules and befriend the warden. How is that probable cause of an illegal activity?
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Re: If you hunt on a lease, be sure your land owner knows this......
[Re: ouixch]
#2532404
08/25/11 03:09 PM
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Joined: Apr 2005
Posts: 19,820
TurkeyHunter
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The infamous reply in the field to all of this legal discussion is... "Tell it to the judge." 
To be determined
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Re: If you hunt on a lease, be sure your land owner knows this......
[Re: mulie_mike]
#2532692
08/25/11 05:08 PM
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Joined: Jan 2010
Posts: 1,398
bentman
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I own land & I WILL NOT get a lease license. So I have to pay the state to let someone hunt on my place.
If it bleeds I can KILL IT
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Re: If you hunt on a lease, be sure your land owner knows this......
[Re: TurkeyHunter]
#2532898
08/25/11 06:21 PM
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Joined: Jan 2007
Posts: 2,257
ouixch
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The infamous reply in the field to all of this legal discussion is... "Tell it to the judge." That might be true, but if there is an unlawful search of my property I will drag both the department and the officer personally into court
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Re: If you hunt on a lease, be sure your land owner knows this......
[Re: ouixch]
#2532933
08/25/11 06:35 PM
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Joined: Apr 2005
Posts: 19,820
TurkeyHunter
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The infamous reply in the field to all of this legal discussion is... "Tell it to the judge." That might be true, but if there is an unlawful search of my property I will drag both the department and the officer personally into court Sure you can sue. But sue for what kind of damages? Courts are pretty tight on that stuff. Would be interesting to see for sure. Most often that is use to challenge evidence, not go after damages. http://law.freeadvice.com/government_law/civil_rights_law_ada/illegal-search-damages.htmAlso, when has the state been last sued in relation to a Game Wardens over an illegal search?
To be determined
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Re: If you hunt on a lease, be sure your land owner knows this......
[Re: TurkeyHunter]
#2532959
08/25/11 06:49 PM
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Joined: Jun 2011
Posts: 844
Jim Davis
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My best friend is a cop. He deals with people taking him to court ALL the time. Not once has the decision ever gone the way of the defendant. The relationship between the judge (who the officer sees quite often), and the officer, and the relationship between the defendant (who had better not have seen the judge quite often), is where the decision lies. Our justice system isn't perfect, but it's the best we got. The officer, of any kind, has the power. When you buck that power, you have problems. Just your attitude CAN be PC to search your vehicle. Dont forget, once you're under arrest, your vehicle is going to be searched anyway, so all the officer has to do is find 1 little thing wrong and put you in bracelets. You would be supprised what you can be arrested for too.
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Re: If you hunt on a lease, be sure your land owner knows this......
[Re: Jim Davis]
#2532997
08/25/11 07:01 PM
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Joined: Apr 2005
Posts: 19,820
TurkeyHunter
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My best friend is a cop. He deals with people taking him to court ALL the time. Not once has the decision ever gone the way of the defendant. The relationship between the judge (who the officer sees quite often), and the officer, and the relationship between the defendant (who had better not have seen the judge quite often), is where the decision lies. Our justice system isn't perfect, but it's the best we got. The officer, of any kind, has the power. When you buck that power, you have problems. Just your attitude CAN be PC to search your vehicle. Dont forget, once you're under arrest, your vehicle is going to be searched anyway, so all the officer has to do is find 1 little thing wrong and put you in bracelets. You would be supprised what you can be arrested for too.  "You might beat the rap, but you won't beat the ride." K-9s are a big helper as well. If the dog comes to the scene it's gonna alert...hence probable cause.
To be determined
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Re: If you hunt on a lease, be sure your land owner knows this......
[Re: LuckenbachTexas]
#2533052
08/25/11 07:22 PM
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Joined: Apr 2011
Posts: 5,711
STXHO
THF Trophy Hunter
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He has no business on private land without probable cause. The only situation privy to that kinda patrol is border land by border agents.
The GW does not have to have probable cause...
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Re: If you hunt on a lease, be sure your land owner knows this......
[Re: STXHO]
#2533067
08/25/11 07:28 PM
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Joined: Jun 2011
Posts: 844
Jim Davis
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If he did... "There's probably someone hunting down there..." PC enough, lol.
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Re: If you hunt on a lease, be sure your land owner knows this......
[Re: TurkeyHunter]
#2533320
08/25/11 08:47 PM
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Joined: Jan 2007
Posts: 2,257
ouixch
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"You might beat the rap, but you won't beat the ride."
K-9s are a big helper as well. If the dog comes to the scene it's gonna alert...hence probable cause.
Y'all are implying that there is something illegal found in my truck, that isn't the case. The point is it is a violation of your constitutional rights. I'm curious why the 2nd amendment is so sacred on this forum, but we continually support violations of the 4th. I'm well aware of the good ole boy system that protects law enforcement from being accountable, I have 17 police officers that work for me off duty. 99% of all LEOs are great people, as are GWs. I have had negative run ins with both, and if my constitutional rights are violated, I will do everything possible to end that officers career in law enforcement.
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Re: If you hunt on a lease, be sure your land owner knows this......
[Re: STXHO]
#2533377
08/25/11 09:08 PM
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Joined: Jan 2010
Posts: 1,398
bentman
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He has no business on private land without probable cause. The only situation privy to that kinda patrol is border land by border agents.
The GW does not have to have probable cause... He does'nt need a warrant but he has to have PC
If it bleeds I can KILL IT
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Re: If you hunt on a lease, be sure your land owner knows this......
[Re: bentman]
#2533530
08/25/11 10:04 PM
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Joined: Mar 2010
Posts: 12,211
ntxtrapper
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He has no business on private land without probable cause. The only situation privy to that kinda patrol is border land by border agents.
The GW does not have to have probable cause... He does'nt need a warrant but he has to have PC Wrong. Sec. 12.103. ENTERING LAND; USE OF INFORMATION OBTAINED BY ENTRY; CIVIL PENALTY. (a) To enforce the game and fish laws of the state and to conduct scientific investigations and research regarding wild game or fish, an authorized employee of the department may enter on any land or water where wild game or fish are known to range or stray. No action may be sustained against an employee of the department to prevent his entering on land or water when acting in his official capacity as described by this subsection.
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Re: If you hunt on a lease, be sure your land owner knows this......
[Re: bentman]
#2533539
08/25/11 10:06 PM
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Joined: Jun 2011
Posts: 844
Jim Davis
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PC can be just about anything. Insufficent tread on a tire, based on the track he saw going into the property, or suspecting that you crossed a public road on an atv. Just about ANYTHING can be PC to come onto a property, or search a vehicle.
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Re: If you hunt on a lease, be sure your land owner knows this......
[Re: bentman]
#2533571
08/25/11 10:20 PM
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Joined: Sep 2004
Posts: 4,550
kyotee1
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I own land & I WILL NOT get a lease license. So I have to pay the state to let someone hunt on my place. Any landowner or their agent requires a Hunting Lease license who leases hunting rights to another person on property they own or control for pay or other consideration. Giving permission to someone to hunt for free does not require a Hunting Lease License.
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Re: If you hunt on a lease, be sure your land owner knows this......
[Re: kyotee1]
#2533712
08/25/11 11:13 PM
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Joined: Jul 2009
Posts: 2,326
sqiggy
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Giving permission to someone to hunt for free does not require a Hunting Lease License. And this folks is your loophole!!!! Been doing this for years. Works for us!!! Just be sure you get in writing though. Get written permission from the owner to hunt and both of you don't have to worry about that "license"!!!
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Re: If you hunt on a lease, be sure your land owner knows this......
[Re: bentman]
#2533785
08/25/11 11:40 PM
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Joined: Sep 2004
Posts: 19,100
dgilbert
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He has no business on private land without probable cause. The only situation privy to that kinda patrol is border land by border agents.
The GW does not have to have probable cause... He does'nt need a warrant but he has to have PC Wow, I hope the one's that don't think a GW has the right to enter a property tell him that when he does. A GW has more power then any other LEO in the state.
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Re: If you hunt on a lease, be sure your land owner knows this......
[Re: dgilbert]
#2533893
08/26/11 12:15 AM
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Joined: Nov 2007
Posts: 1,281
BlackSnake
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I have had them go through everything. Truck, bags and decoy carriers. I do everything in my power to stay on the right side of the law, so it really doesnt bother me so much. It actually gives me hope that they will catch the ones that disreguard the law.
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