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Re: What would you do?
[Re: Jasb]
#4783378
11/26/13 02:33 PM
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Joined: Nov 2009
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agsellers04
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True, unless it's contraband which is what I have been referring to. Like I said, they can't just roll in your house for no reason. Maybe I should have been more specific. I though people would have better sense than to believe they can enter your house for no reason. I don't know where anyone ever got that idea.
Perhaps I should have said it this way: "They can enter your house with no warrant and check your freezer if they believe there to be contraband in the freezer."
This is what I have been referring to.
Sec. 12.1106. SEIZURE AND DISPOSITION OF CONTRABAND; IMMUNITY. (a) A game warden or other peace officer who has probable cause to believe property is contraband may seize the property without a warrant.(b) The warden or officer shall give notice of the seizure, including a description of the seized property and the location and date of seizure, to the county judge or a judge of a county court at law, justice court, or district court of the county where the seizure occurred:(1) when a person pleads guilty or nolo contendere to, is convicted of, or is placed on deferred adjudication for:(A) an offense under Section 66.006, Section 66.2011, or Subchapter G, Chapter 43, of this code; or(B) a second or subsequent offense under Section 61.022, 62.003, 62.004, or 62.005 of this code; or(2) if no person is arrested for an offense immediately after the warden or officer seizes the property.
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Re: What would you do?
[Re: agsellers04]
#4783410
11/26/13 02:43 PM
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Joined: May 2009
Posts: 10,550
Ramball36
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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.
they can walk right in the house and say Hey! there's drugs and presto you have your probable cause. True story. Yea I dunno how people got that idea either....
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Re: What would you do?
[Re: Ramball36]
#4783425
11/26/13 02:47 PM
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Joined: Nov 2009
Posts: 892
agsellers04
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A 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.
they can walk right in the house and say Hey! there's drugs and presto you have your probable cause. True story. Yea I dunno how people got that idea either.... Nowhere does it say for no reason. Oh, drugs are contraband in case you were wondering.
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Re: What would you do?
[Re: Jasb]
#4783435
11/26/13 02:49 PM
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Joined: Sep 2013
Posts: 645
Hogman4127
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I think we need to start a new post and title it SEARCH AND SEIZURE CLASS FOR DUMMIES.
This was not meant for the rams original post because we are way off topic
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Re: What would you do?
[Re: agsellers04]
#4783438
11/26/13 02:50 PM
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Joined: Oct 2008
Posts: 18,087
Jasb
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Sure they can seize property....but they can't enter your home without a warrant.
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Re: What would you do?
[Re: Jasb]
#4783446
11/26/13 02:52 PM
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Joined: Oct 2008
Posts: 18,087
Jasb
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Please show the section that shows a GW, without a warrant, can enter a persons home. That's the part that I'm objecting to...oh and I copy and pasted the part saying they cannot.
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Re: What would you do?
[Re: agsellers04]
#4783448
11/26/13 02:53 PM
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Joined: May 2009
Posts: 10,550
Ramball36
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A 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.
they can walk right in the house and say Hey! there's drugs and presto you have your probable cause. True story. Yea I dunno how people got that idea either.... Nowhere does it say for no reason. Oh, drugs are contraband in case you were wondering. The wording of your entire post screamed 'no reason'
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Re: What would you do?
[Re: Ramball36]
#4783475
11/26/13 02:58 PM
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Joined: Nov 2009
Posts: 892
agsellers04
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A 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.
they can walk right in the house and say Hey! there's drugs and presto you have your probable cause. True story. Yea I dunno how people got that idea either.... Nowhere does it say for no reason. Oh, drugs are contraband in case you were wondering. The wording of your entire post screamed 'no reason' Really?
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Re: What would you do?
[Re: Ramball36]
#4783478
11/26/13 02:59 PM
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Joined: Oct 2008
Posts: 18,087
Jasb
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Even with PC they can't enter your residence. They are still bound by the 4th amendment and are required to get a search warrant just like any other Leo. Can they seize property without a warrant?? Why yes they can just like any officer can.
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Re: What would you do?
[Re: Jasb]
#4783486
11/26/13 03:01 PM
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Joined: Oct 2008
Posts: 18,087
Jasb
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(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. Geez man can you read?
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Re: What would you do?
[Re: agsellers04]
#4783492
11/26/13 03:04 PM
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Joined: Sep 2013
Posts: 92
min1kay2
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It says they can seize contraband. It does not say they can enter your house. Isn't this all anti-4th amendment.
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Re: What would you do?
[Re: min1kay2]
#4783532
11/26/13 03:16 PM
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Joined: Nov 2009
Posts: 892
agsellers04
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Having contraband is probable cause enough for the warden to enter a house. If they enter and there is no contraband they are of course in the wrong.
12.102 refers to inspection of wildlife resources, not seizure of contraband.
We are splitting hairs here.
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Re: What would you do?
[Re: agsellers04]
#4783795
11/26/13 04:41 PM
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Joined: Feb 2010
Posts: 408
Gengo
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Do y'all watch that game warden show about the ones in California? They do sometimes weeks worth of investigating AND THEN get a warrant before they enter. Now if you are saying they can enter with probable cause, I believe so can any police officer. From a ruling a couple years ago: http://www.nytimes.com/2011/05/17/us/17scotus.html?_r=3&partner=rss&emc=rss&It basically says they can enter without a warrant if they reasonably believe you may be destroying evidence. Example: smell weed smoke, knock, hear toilet flush, BOOM they enter.
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Re: What would you do?
[Re: agsellers04]
#4783798
11/26/13 04:42 PM
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Joined: Sep 2013
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Hogman4127
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When I get to a computer I will attach a section from the CCP. There are exceptions to the warrant requirements. I am not saying that they will not need to get a warrant at a later timembut they can enter your home or secure it while getting that warrant.
I still beleive this thread is getting away from the original post but almost all of them do.
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Re: What would you do?
[Re: agsellers04]
#4783810
11/26/13 04:44 PM
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Joined: Feb 2010
Posts: 408
Gengo
Bird Dog
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Having contraband is probable cause enough for the warden to enter a house. If they enter and there is no contraband they are of course in the wrong.
12.102 refers to inspection of wildlife resources, not seizure of contraband.
We are splitting hairs here. How would they know there is any contraband in the house? I doubt they would kick in a door with any chance of them "being in the wrong."
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Re: What would you do?
[Re: Gengo]
#4783831
11/26/13 04:49 PM
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Joined: Nov 2009
Posts: 892
agsellers04
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Having contraband is probable cause enough for the warden to enter a house. If they enter and there is no contraband they are of course in the wrong.
12.102 refers to inspection of wildlife resources, not seizure of contraband.
We are splitting hairs here. How would they know there is any contraband in the house? I doubt they would kick in a door with any chance of them "being in the wrong." You are correct. They usually observe the suspects for awhile beforehand and are sure there is contraband. They don't just go in half cocked. That would be a violoation of the 4th Ammendment.
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Re: What would you do?
[Re: Hogman4127]
#4783893
11/26/13 05:03 PM
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Joined: Oct 2008
Posts: 18,087
Jasb
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When I get to a computer I will attach a section from the CCP. There are exceptions to the warrant requirements. I am not saying that they will not need to get a warrant at a later timembut they can enter your home or secure it while getting that warrant.
I still beleive this thread is getting away from the original post but almost all of them do. Exigent circumstances is what you are referring to. This would not be that, this would be an illegal search.
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Re: What would you do?
[Re: Jasb]
#4784035
11/26/13 05:42 PM
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Joined: Sep 2013
Posts: 645
Hogman4127
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How is it illegal. I dont think anyone has posted anything other than they are fearful of being searched by the GW for some reason. This post started about being checked in a home depot and has moved to kicking in doors of homes.
Also the easier it is to destroy evidence the more lenient courts have been with searches
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Re: What would you do?
[Re: Hogman4127]
#4784190
11/26/13 06:33 PM
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Joined: Oct 2008
Posts: 18,087
Jasb
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GWs flat can't do it. No search of a home or anything in a home without a search warrant. Pick up the phone and call one. Sorry it's a huge myth....but it's good it's out there so people are to freaked out to break the game laws. Sorry to bust your bubble.
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Re: What would you do?
[Re: Jasb]
#4784200
11/26/13 06:36 PM
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Joined: Jan 2013
Posts: 194
ARQuacker
Woodsman
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Woodsman
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Alan
Green light. GO!
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Re: What would you do?
[Re: Hogman4127]
#4784396
11/26/13 07:37 PM
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Joined: Oct 2008
Posts: 18,087
Jasb
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I ate lunch with one today and he laughed his arse off that people still believe that! But if its on the net it has to be true! Some people will believe anything!
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Re: What would you do?
[Re: Jasb]
#4784431
11/26/13 07:52 PM
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Joined: May 2009
Posts: 10,550
Ramball36
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Did you ask him to stop checking guys in camo at home improvement stores?
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Re: What would you do?
[Re: bodydub]
#4784497
11/26/13 08:10 PM
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Joined: Oct 2013
Posts: 11
DirtRoadguy1978
Light Foot
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Light Foot
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Posts: 11 |
Act Like I was deaf and walk away
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Re: What would you do?
[Re: DirtRoadguy1978]
#4784527
11/26/13 08:17 PM
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Joined: Apr 2012
Posts: 53
Fishstory
Outdoorsman
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I think part of the reason he was asked was he was with kids. Start a casual conversation about hunting with a family in camo and you can get the kids to accidenatally rat out the parents pretty often.
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