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.

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.

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

Sure they can seize property....but they can't enter your home without a warrant.

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.

The wording of your entire post screamed 'no reason'

Really?

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.

Geez man can you read?

It says they can seize contraband. It does not say they can enter your house.
Isn't this all anti-4th amendment.

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.

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.

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.

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.

Exigent circumstances is what you are referring to. This would not be that, this would be an illegal search.

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

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.

Dont need to call one.

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!

Did you ask him to stop checking guys in camo at home improvement stores?

Act Like I was deaf and walk away

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.