If there's a blood trail going from your land to neighbors ,surely the warden could/would go over to get the deer.if the neighbor was being stupid about it. Personally I'd just go get my deer and get out and not need to involve neighbor nor warden...I guess bottom line is we all should have good relations with neighbor.

Your still wrong. Like others have said they have to be investigating suspected game violations. Reference the post above. If the land owner says no then its no.

I'm citing laws, you are posting your opinion or hearsay. Who is more likely to be right?

"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."

Read your own quote. They have to be going there for a reason. They cant go just because they want to.

Adam,

I don't think redchevy is posting opinion or heresay anymore than you are. You are both citing law and have different interpretation of what it means; that happens all the time. I think his point is that to "enter on any land or water where wild game or fish are known to range or stay", the game warden must be acting "to enforce the game and fish laws of the state". This reading seems to be reinforced by the phrase, "when acting in his official capacity as described by this subsection", in the last sentence. Thus if there is no known activity happening on a private property that would fall under his jurisdiction he would not have the right to enter that property without permission.

If I were a game warden I wouldn't be walking that interpretation line on the side of getting reprimanded for unlawfully entering private property. That said I'm not a game warden or LEO of any kind. I don't know who on here is but I'd go with what they have to say over you, me or redchevy.

To answer the ops question...YES he can. They do it all the time. They walk in from highway to deer camps in gates closed. The game belongs to the State and not landowner...(which would be a good topic as well,lol)

They enter places where they suspect hunting... If they know there is no hunting on the place and the landowner says no its still a no to me.

Call this number and pose the question to them.
(512) 389-4848

He is going for a specific purpose. Not to retrieve game.

Ranchman, have you ever encountered this problem before? I have personally never had the problem and have heard from people I know that have called a warden and had the neighbor tell them no and the warden didn't go.

No I have not. But I don't think the GW can go without the landowners permission just to try to find wounded game. Nothing illegal was done IMO, just a bad shot. Effort was made to retrieve it. No one could prove it was dead or not from that point. If this was the case the GW would not have much time to do is job. I know the GW used to have a lot of power but they were cut back a few years ago due to abuse of it by other agencies. I have had them walk drive on my property to check me when bird hunting back in the 70's and 80's.

Personaly I have only been checked by a warden while fishing.

Never seen a warden hunting... not even on public land.

So which is it? Where they suspect hunting is going on, or where they suspect game laws are being broken?

Two completely different things. Hunting isn't illegal.

I read it as if hunting is going on he can enter to check that it is being done lawfully. That is not the situation laid out by the OP.

Im gonna stretch out on a limb and say both... because you cant break a hunting law if you aint huntin!

Things to think about....

If one is engaged in lawful hunting activity and shoots said deer which then proceeds to jump a fence. Game Warden is called who sees the blood trail to the fence and the landowner says "no", then who is responsible for wasting game. Can one assume the landowner colleted and taggged said deer and processed it accordingly.


§ 62.011. RETRIEVAL AND WASTE OF GAME. (a) Except as
provided by Subsection (c), it is an offense if a person while
hunting kills or wounds a game bird or game animal and intentionally
or knowingly fails to make a reasonable effort to retrieve the
animal or bird and include it in the person's daily or seasonal bag
limit.
(b) Except as provided by Subsection (c), it is an offense
if a person intentionally takes a game bird, game animal, or a fish
and intentionally, knowingly, or recklessly, or with criminal
negligence, fails to keep the edible portions of the bird, animal,
or fish in an edible condition.
(c) It is an offense if a person while hunting kills or
wounds a desert bighorn sheep, pronghorn antelope, mule deer, or
white-tailed deer and intentionally or knowingly fails to make a
reasonable effort to retrieve the animal or intentionally,
knowingly, or recklessly or with criminal negligence fails to keep
the edible parts of the animal in an edible condition.

Good point.

To restate my opinion because I feel like it is getting watered down in this debate. A game warden can enter any property where game might roam within his official duties. His official duties may be to check if somebody is hunting whether he knows somebody is or isn't. It may be to check if a deer that crossed the property line met the 13" minimum in certain counties. He does not have to have probable cause that a game law is being broken.

That is your interpretation. I don't think he has that right unless he "suspects" or knows someone is hunting it. I do not believe they have the right to just wonder around on your place to see if someone is hunting. If they drive past and hear a gunshot coming out of the brush on your property during bow season, then why not. But for no reason I don't think they can. That is my opinion and I feel it is right.

The LO can't waste something they didn't shoot..the hunter could, but bc they took the necessary steps & had made every effort to recover the wounded animal it's a non-issue. As the LO though you'd want to make sure they burned that tag.

I understand what you are saying and why you are saying it. IMO that is the way it should be. The law specifically states any land where game may roam. I believe if they intended it to be as you say it is they would have written it to say 'any land where hunting is occurring.' I believe they left it vague for this purpose.

I'd say entering a property when he has no reasonable cause to think hunting is happening oversteps the authority provided by Sec. 12.103.

To check if the taken deer meets the legal requirement- I think you have a legitimate point.

As for waste of game- all three subsections refer to the hunter as the only liable party. Reasonable effort does not extend into engaging in a criminal activity- trespassing. Private property rights trump. Like KLAPPER said earlier...

No person may pursue a wounded wildlife resource across a property line without the consent of landowner of the property where the wildlife resource has fled. Under the trespass provisions of the Penal Code, a person on a property without the permission of the landowner is subject to arrest.

this is on the tpwd website

http://www.tpwd.state.tx.us/regulations/...ies-restitution


Personally if it were me they GW would never be called. Like the rest of us here I'd help find the deer and give the hunter a big congratulations even if it was the big buck I'd been watching all summer. Unfortunately I think there are jerks out there that wouldn't let the GW on. I think you have to respect their right to be jerks in this situation because the same laws that protect their private property rights protect ours.

a warden can enter anyone's property for any reason. he doesn't need a warrant. he does not need to suspect illegal activity. all he needs is to suspect "activity" and he has the right to enter the property and check licenses and whatever else.

a wounded deer that crosses a property line cannot be retrieved unless permission has been secured from that property owner.

a game warden may not retrieve a wounded animal without the permission of that landowner. the only exception being if it is suspected that this animal was wounded illegally as an act of poaching and he needs it as evidence. then he can go.

but if it was a legally shot animal. and their is no permission from the property owner....then the animal is un-retrievable.

remember texas game laws define hunting as "the TAKING or attempted TAKING of a wildlife resource" taking means just that, taking....picking up a dead animal on the road is considered taking and is considered hunting.

a game warden has no authority to hunt or take on anyone's property unless permission has been given. he only has access to investigate the legal/illegal nature of any sort of hunting/fishing that may be taking place on the property. he cannot force the landowner to allow you access...nor can he claim the deer for you under those circumstancs.

amen to making good friends with your neighbors. that goes for your neighbors at home, at the ranch, on the lease....anywhere. life is just a lot easier that way.

I agree with this.

Then how come they always use them for drug bust and stuff, I have always heard that they do not have to have a search warrant like cops do! I am not saying yes or no I am just asking, I am a fireman and have no clue about what cops and wardens can do but sometimes get curious! We work together all the time but they do their business and we do ours and I usually do not ask many questions