Forums46
Topics539,018
Posts9,744,195
Members87,136
|
Most Online25,604 Feb 12th, 2024
|
|
|
Re: What would you do?
[Re: FowledUp]
#4781463
11/25/13 09:24 PM
|
Joined: Nov 2009
Posts: 892
agsellers04
Tracker
|
Tracker
Joined: Nov 2009
Posts: 892 |
I game warden also has the right to enter your house with no warrant and go check your freezer. They are the only law enforcement agency with that authority.
The DEA works with them sometimes (or they used to) because they can walk right in the house and say Hey! there's drugs and presto you have your probable cause. True story.
Moral of the story is, just do what the Game Warden says and dont be a cowboy. They won't be impressed, I assure you.
|
|
|
Re: What would you do?
[Re: agsellers04]
#4781501
11/25/13 09:33 PM
|
Joined: Aug 2005
Posts: 20,234
janie
THF Celebrity
|
THF Celebrity
Joined: Aug 2005
Posts: 20,234 |
I would be in deep dookie. Have a camo jacket I wear nearly every day. Do not have a hunting license for one simple reason.
No place to hunt.
I'd sure hate to have my butt busted over something I didn't do, because of my choice in clothing.
He is your friend defender your dog. Be worthy of such devotion
|
|
|
Re: What would you do?
[Re: agsellers04]
#4781507
11/25/13 09:34 PM
|
Joined: Aug 2005
Posts: 11,788
wal1809
THF Celebrity
|
THF Celebrity
Joined: Aug 2005
Posts: 11,788 |
I game warden also has the right to enter your house with no warrant and go check your freezer. They are the only law enforcement agency with that authority.
The DEA works with them sometimes (or they used to) because they can walk right in the house and say Hey! there's drugs and presto you have your probable cause. True story.
Moral of the story is, just do what the Game Warden says and dont be a cowboy. They won't be impressed, I assure you. Wrong. They have to have some justification for entering your house. No court in history would accept a game warden walking into a house with DEA just happening to be tagging along! Where do y'all get this bullcorn?
|
|
|
Re: What would you do?
[Re: wal1809]
#4781544
11/25/13 09:42 PM
|
Joined: Nov 2009
Posts: 892
agsellers04
Tracker
|
Tracker
Joined: Nov 2009
Posts: 892 |
I game warden also has the right to enter your house with no warrant and go check your freezer. They are the only law enforcement agency with that authority.
The DEA works with them sometimes (or they used to) because they can walk right in the house and say Hey! there's drugs and presto you have your probable cause. True story.
Moral of the story is, just do what the Game Warden says and dont be a cowboy. They won't be impressed, I assure you. Wrong. They have to have some justification for entering your house. No court in history would accept a game warden walking into a house with DEA just happening to be tagging along! Where do y'all get this bullcorn? Like I said, true story. Game Warden is an LEO they can arrest you for drug possesion just like any other cop. And they don't need a warrant.
Last edited by agsellers04; 11/25/13 09:43 PM.
|
|
|
Re: What would you do?
[Re: agsellers04]
#4781582
11/25/13 09:49 PM
|
Joined: Nov 2012
Posts: 2,943
Ben Lilly
Veteran Tracker
|
Veteran Tracker
Joined: Nov 2012
Posts: 2,943 |
|
|
|
Re: What would you do?
[Re: Ben Lilly]
#4781638
11/25/13 10:01 PM
|
Joined: Sep 2010
Posts: 866
FowledUp
Tracker
|
Tracker
Joined: Sep 2010
Posts: 866 |
A GW does not have more rights then any other officer of the law. They want to search your freezer they need your consent, a warrant, or they better have some damn good probable cause.
|
|
|
Re: What would you do?
[Re: Ben Lilly]
#4781644
11/25/13 10:03 PM
|
Joined: Sep 2013
Posts: 645
Hogman4127
Tracker
|
Tracker
Joined: Sep 2013
Posts: 645 |
The reason for the county us to find out if this happened for real.
Back in the day the GWs were sometimes used for searches but they still had a reason for entering the house in the first place. Still their use had to many questions and in court it was to big a hassle so that practice was stopped for using them to get probable cause for a drug search.
Anyways there has to be more to this story. After everyone who has read this doesnt have a home depot search story by a GW I think that itvwas not justva random check if I happened at all
|
|
|
Re: What would you do?
[Re: FowledUp]
#4781671
11/25/13 10:09 PM
|
Joined: Nov 2009
Posts: 892
agsellers04
Tracker
|
Tracker
Joined: Nov 2009
Posts: 892 |
Read the statute and interpret it how you will. This is how I have understood it I said they have more authority, not more rights. Big difference.
The 4th Ammendment applies to everyone, I know. Game Wardens are given a bit more leniency with probably cause. If they have probably cause they can legally enter your house and make a siezure of anything illegal. If there is nothing illegal in the house/on the property, then they are in the wrong (I think the landowner can be awarded $1000 if warden was in the wrong last I checked) Unless they have changed the law, I understand this still applies.
I know they changed some things in 2004 with allowing them authority under the USFWS (federal authority) but this gave them more authority if anything.
But you are right, the judge always has the final say so when all is said and done, the judge is the law.
|
|
|
Re: What would you do?
[Re: Hogman4127]
#4781685
11/25/13 10:11 PM
|
Joined: Nov 2009
Posts: 892
agsellers04
Tracker
|
Tracker
Joined: Nov 2009
Posts: 892 |
The reason for the county us to find out if this happened for real.
Back in the day the GWs were sometimes used for searches but they still had a reason for entering the house in the first place. Still their use had to many questions and in court it was to big a hassle so that practice was stopped for using them to get probable cause for a drug search.
Anyways there has to be more to this story. After everyone who has read this doesnt have a home depot search story by a GW I think that itvwas not justva random check if I happened at all It wasn't at all random. It was a planned operation.
|
|
|
Re: What would you do?
[Re: agsellers04]
#4781727
11/25/13 10:31 PM
|
Joined: Sep 2013
Posts: 645
Hogman4127
Tracker
|
Tracker
Joined: Sep 2013
Posts: 645 |
Yep hard to argue with facts heard from you sister who heard it from her neighbor who heard it from his third cousin's high school band teacher who heard it from their yardman.
|
|
|
Re: What would you do?
[Re: Hogman4127]
#4781735
11/25/13 10:37 PM
|
Joined: May 2009
Posts: 10,458
Ramball36
OP
THF Celebrity
|
OP
THF Celebrity
Joined: May 2009
Posts: 10,458 |
Nothing more to the story. GW walks up to grandpa and two grandkids, asks how their morning went, then asked for their licenses. All in an aisle inside the store.
Does he have the right to do it since they admitted to hunting? I believe so, but it goes back to the ethics of it all IMO.
|
|
|
Re: What would you do?
[Re: Ramball36]
#4781755
11/25/13 10:46 PM
|
Joined: Sep 2013
Posts: 645
Hogman4127
Tracker
|
Tracker
Joined: Sep 2013
Posts: 645 |
I agree its not the most acceptable thing for ooe to do. My previous commet was not in reference to your post but everyone who is so sure they know the law and the code of criminal procedures that govern how laws are enforced. They have no firsthand knowledge but heard a story at some poibt in their lives and beleive ut to be gospel.
I am sorry your friend had that experience with the GW. I would still like to know the county.
On a side not might give you a call next week about one of your duck blinds.
|
|
|
Re: What would you do?
[Re: Hogman4127]
#4781908
11/26/13 12:04 AM
|
Joined: Oct 2008
Posts: 1,648
furdown
Pro Tracker
|
Pro Tracker
Joined: Oct 2008
Posts: 1,648 |
I would just tell him no, and walk off. Don't need a hunting license to shop.
They can't do anything to you for it. My dad has done it in deer camp while eating supper. He got got asked if he needed a license to eat a #!*$*&/ meal and if he wanted to see his license to come back while he was hunting. GW didn't like it but left without looking at it.
�There is no hunting like the hunting of man, and those who have hunted armed men long enough and liked it, never cared for anything else thereafter.�- Ernest Hemingway
|
|
|
Re: What would you do?
[Re: furdown]
#4782026
11/26/13 12:54 AM
|
Joined: Feb 2012
Posts: 1,061
DUCKHUNTR35
Pro Tracker
|
Pro Tracker
Joined: Feb 2012
Posts: 1,061 |
As Wal said they ARE JUST LIKE any other officer , no more power than you allow him to have "anything" he just walks in your house and seizes gets thrown out , wake up people....
If you are walking around Walmart shopping wearing camo and he stops and asks you for a lic. you are a fool for showing it to him
|
|
|
Re: What would you do?
[Re: DUCKHUNTR35]
#4782592
11/26/13 03:36 AM
|
Joined: Nov 2009
Posts: 892
agsellers04
Tracker
|
Tracker
Joined: Nov 2009
Posts: 892 |
As long as you aren't doing anything wrong you have nothing to worry about.
|
|
|
Re: What would you do?
[Re: agsellers04]
#4782699
11/26/13 04:02 AM
|
Joined: Aug 2011
Posts: 2,663
CRAnderson52
Veteran Tracker
|
Veteran Tracker
Joined: Aug 2011
Posts: 2,663 |
I'd show it to him because he's is just doing his job and I'm not doing anything to break the law. What's 2 minutes gonna cost me anyway?
You can run but you can't hide...
|
|
|
Re: What would you do?
[Re: Pittstate]
#4783123
11/26/13 12:50 PM
|
Joined: Oct 2008
Posts: 18,087
Jasb
THF Celebrity
|
THF Celebrity
Joined: Oct 2008
Posts: 18,087 |
When I was a NCO in the Army, I could have legally asked every Private to Specialist I saw to drop and give me 20 (Pushups).....but, I didn't.....because I am not an A$%........
There are good reasons for GW's and all Law Officers....they just need to do their jobs with some common sense.
|
|
|
Re: What would you do?
[Re: agsellers04]
#4783124
11/26/13 12:52 PM
|
Joined: Oct 2008
Posts: 18,087
Jasb
THF Celebrity
|
THF Celebrity
Joined: Oct 2008
Posts: 18,087 |
I game warden also has the right to enter your house with no warrant and go check your freezer. They are the only law enforcement agency with that authority.
The DEA works with them sometimes (or they used to) because they can walk right in the house and say Hey! there's drugs and presto you have your probable cause. True story.
Moral of the story is, just do what the Game Warden says and dont be a cowboy. They won't be impressed, I assure you. GWs have to follow the same laws as any other LE agency...sorry to bust that bubble for ya.
|
|
|
Re: What would you do?
[Re: Jasb]
#4783160
11/26/13 01:19 PM
|
Joined: Nov 2009
Posts: 892
agsellers04
Tracker
|
Tracker
Joined: Nov 2009
Posts: 892 |
Who ever siad they don't have to follow the law? Everyone has to follow the law. All I was saying is that Game Warden's have farther reching authority than other LEOs and that is true. They have full jurisdiction over state, local, and federal sectors. No other LEO has that. They have the right to search for and seize an illegal wildlife resource without a warrant if they suspect such illegal activity is occuring. If they find something else illegal in the process they are allowed to seize it as well. It is written right there in the state of Texas statute. Read it. Of course nothing makes anyone immune to the 4th ammemdment and they have to follow probable cause and be able to prove in a court of law that their actions were justified.
Maybe some of you thought I meant they can just walk up to your door all gung ho in the middle of the night and kick your door down while you sleep and go to rumaging through your property. To make this misunderstanding is just ludacris.
Laws are laws and everyone has to follow them. There is a difference between a right, an authority, and good judgement.
I don't know why people disagree with this. It is written plainly in the statute.
|
|
|
Re: What would you do?
[Re: agsellers04]
#4783182
11/26/13 01:28 PM
|
Joined: May 2009
Posts: 10,458
Ramball36
OP
THF Celebrity
|
OP
THF Celebrity
Joined: May 2009
Posts: 10,458 |
It's in the Geneva Convention
|
|
|
Re: What would you do?
[Re: Ramball36]
#4783197
11/26/13 01:36 PM
|
Joined: Oct 2008
Posts: 18,087
Jasb
THF Celebrity
|
THF Celebrity
Joined: Oct 2008
Posts: 18,087 |
It's in the Geneva Convention Must have missed that in the 4th...
|
|
|
Re: What would you do?
[Re: agsellers04]
#4783216
11/26/13 01:45 PM
|
Joined: Oct 2008
Posts: 18,087
Jasb
THF Celebrity
|
THF Celebrity
Joined: Oct 2008
Posts: 18,087 |
Who ever siad they don't have to follow the law? Everyone has to follow the law. All I was saying is that Game Warden's have farther reching authority than other LEOs and that is true. They have full jurisdiction over state, local, and federal sectors. No other LEO has that. They have the right to search for and seize an illegal wildlife resource without a warrant if they suspect such illegal activity is occuring. If they find something else illegal in the process they are allowed to seize it as well. It is written right there in the state of Texas statute. Read it. Of course nothing makes anyone immune to the 4th ammemdment and they have to follow probable cause and be able to prove in a court of law that their actions were justified.
Maybe some of you thought I meant they can just walk up to your door all gung ho in the middle of the night and kick your door down while you sleep and go to rumaging through your property. To make this misunderstanding is just ludacris.
Laws are laws and everyone has to follow them. There is a difference between a right, an authority, and good judgement.
I don't know why people disagree with this. It is written plainly in the statute. They cant walk into your home, without a warrant or consent...bottom line.
|
|
|
Re: What would you do?
[Re: Jasb]
#4783236
11/26/13 01:52 PM
|
Joined: Oct 2008
Posts: 18,087
Jasb
THF Celebrity
|
THF Celebrity
Joined: Oct 2008
Posts: 18,087 |
12.104 is for your truck, game bag ect...read it. THEY CAN NOT WALK IN YOUR HOME WITHOUT A WARRANT.
|
|
|
Re: What would you do?
[Re: Jasb]
#4783241
11/26/13 01:55 PM
|
Joined: Oct 2008
Posts: 18,087
Jasb
THF Celebrity
|
THF Celebrity
Joined: Oct 2008
Posts: 18,087 |
(d) Nothing in this section authorizes a game warden or other peace officer commissioned by the department to conduct a search otherwise authorized by this section:(1) in a person's residence or temporary residence; or(2) on a publicly maintained road or way that is:(A) improved, designed, or ordinarily used for vehicular traffic;(B) open to the public; and(C) distinguishable from a shoulder, berm, or other area not intended for vehicular traffic.
|
|
|
Moderated by bigbob_ftw, CCBIRDDOGMAN, Chickenman, Derek, DeRico, Duck_Hunter, hetman, jeh7mmmag, JustWingem, kmon11, kry226, kwrhuntinglab, Payne, pertnear, rifleman, sig226fan (Rguns.com), Superduty, TreeBass, txcornhusker
|