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Mar 25th, 2012
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Recent Game Warden Encounter #5492264 12/22/14 12:54 PM
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Yesterday afternoon the wife and I, and our home builder were sitting in our house discussing a new home we were consider building, and we noticed some movement in the yard and saw a man standing there wearing a uniform waving towards the house. Recognizing it as some kind of Law Enforcement, I exited the house and approached him, it was a Game Warden. Our counties Game Warden had retired and this one was recently assigned to our county. I asked if he was responding to a call, thinking I could help direct him to where he might be needed, he said no. He told me he had saw some deer blinds on our property and wanted to "check the place out". I noticed his vehicle in the road and asked how he was able to enter, as I have a electronic gate opener, he said that they operate on a radio frequency and he is able to key up on his radio, on a certain channel for entry, works on some but not all. He noticed a deer leg bone my dogs had been chewing on, asked me if that was a deer bone, told him yes I had killed two, he asked to see my hunting license, which I showed him, all was in order. He then left my property. Thinking on the encounter, I was not sure why he was there. I know they have a tough job, but what was the "Probable Cause" for entry onto my property. My deer blinds are viewable from the road but have been shut down with covers for several weeks, we had been outside earlier walking around the build site and had not heard any gunshots, at all, anywhere. Our house is about 1/4 mile down a windy road and can't be seen from the entrance. I know deer and game are the property of the State of Texas, that is until you hit a deer on a road and they damage your vehicle, then they have nothing to do with it, but do they have the right to "check the place out" because my deer blinds are visible from the road?

Re: Recent Game Warden Encounter [Re: Brippley] #5492269 12/22/14 12:57 PM
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Re: Recent Game Warden Encounter [Re: Brippley] #5492276 12/22/14 01:03 PM
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Our family has owned the property since 1938, yes we hunt it, we only allow family on it, Never have we ever seen a Game Warden on our ranch. I have encountered Game Wardens fishing, all were great encounters, but this one does not seem legit.

Re: Recent Game Warden Encounter [Re: Brippley] #5492290 12/22/14 01:17 PM
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Quote:
but do they have the right to "check the place out" because my deer blinds are visible from the road?


Yes. http://www.countryworldnews.com/news-archives/CTX/2005/ct1027rites.php


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Re: Recent Game Warden Encounter [Re: Brippley] #5492296 12/22/14 01:21 PM
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Texas Parks and Wildlife Code:

In Chapter 12 section 103
“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.”


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Re: Recent Game Warden Encounter [Re: Brippley] #5492303 12/22/14 01:24 PM
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Ok - that answers my question, Thank you.

Re: Recent Game Warden Encounter [Re: Brippley] #5492304 12/22/14 01:24 PM
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Have any enemies or hard feelings or dealings with anyone that may call in...Not being facious just that is a option. Could have been related to someone close and was just checking out the scene,I wouldnt worry to much sounds like all was well. Also Welcome


Re: Recent Game Warden Encounter [Re: Brippley] #5492324 12/22/14 01:35 PM
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Don't think so, no neighbors within a half mile and we all get along very well, have to look out for each other out here. No worries about it, but was really surprised to see someone not invited on our property standing in our yard. And thank you for the Welcome. I have been monitoring this site and the fishing forum for many years, good site.

Re: Recent Game Warden Encounter [Re: Brippley] #5492326 12/22/14 01:35 PM
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I wonder if he would have cut a chain and lock off of your gate, just to "check the place out"?


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Re: Recent Game Warden Encounter [Re: Brippley] #5492337 12/22/14 01:41 PM
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Reading the above, I would say yes. "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.”

Re: Recent Game Warden Encounter [Re: Brippley] #5492343 12/22/14 01:44 PM
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I wished he would come up here and start and investigation as to where all of the deer have gone. they all disappeared a month ago. roflmao


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Re: Recent Game Warden Encounter [Re: Brippley] #5492346 12/22/14 01:45 PM
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Last season I had one stop and ask to see my license while I was dressed in street clothes working on a tractor. He asked me if I had been hunting that year and after I said yes, that's when he asked to see my license.

I have to wonder if our local constable will one day stop and on knock on my door and ask to see my driver's license and proof of insurance after seeing our vehicles parked in the driveway.


Dan,

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Re: Recent Game Warden Encounter [Re: Texas Dan] #5492353 12/22/14 01:49 PM
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Originally Posted By: Texas Dan
Last season I had one stop and ask to see my license while I was dressed in street clothes working on a tractor. He asked me if I had been hunting that year and after I said yes, that's when he asked to see my license.

I have to wonder if our local constable will one day stop and on knock on my door and ask to see my driver's license after seeing our vehicles parked in the driveway.


the law says you don't have to answer questions of the police if they question you, shouldn't that apply to GW as well? I mean, 5th Amendment and all...
you could have just smiled, been respectful and said, have a nice day sir I'm kind of busy and I don't have time to chat with you.


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Re: Recent Game Warden Encounter [Re: Sparky45] #5492366 12/22/14 01:55 PM
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Originally Posted By: Sparky45
Originally Posted By: Texas Dan
Last season I had one stop and ask to see my license while I was dressed in street clothes working on a tractor. He asked me if I had been hunting that year and after I said yes, that's when he asked to see my license.

I have to wonder if our local constable will one day stop and on knock on my door and ask to see my driver's license after seeing our vehicles parked in the driveway.


the law says you don't have to answer questions of the police if they question you, shouldn't that apply to GW as well? I mean, 5th Amendment and all...
you could have just smiled, been respectful and said, have a nice day sir I'm kind of busy and I don't have time to chat with you.


Agreed. But why be a jerk even when confronted ...


Dan,

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Re: Recent Game Warden Encounter [Re: Brippley] #5492373 12/22/14 01:59 PM
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Sounds like an opportunity to have built a relationship with a new game warden. You might need his help some day.


Aio, quantitas magna frumentorum est
Re: Recent Game Warden Encounter [Re: Texas Dan] #5492379 12/22/14 02:02 PM
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Originally Posted By: Texas Dan
Originally Posted By: Sparky45
Originally Posted By: Texas Dan
Last season I had one stop and ask to see my license while I was dressed in street clothes working on a tractor. He asked me if I had been hunting that year and after I said yes, that's when he asked to see my license.

I have to wonder if our local constable will one day stop and on knock on my door and ask to see my driver's license after seeing our vehicles parked in the driveway.


the law says you don't have to answer questions of the police if they question you, shouldn't that apply to GW as well? I mean, 5th Amendment and all...
you could have just smiled, been respectful and said, have a nice day sir I'm kind of busy and I don't have time to chat with you.


Agreed. But why be a jerk even when confronted ...

why do you associate that with being a jerk? we're not talking about an Open Carry Texas event.
No legal council worth a crap will tell you to talk to police if they approach you and start asking questions.
you can still be respectful and decline to answer questions, it's not hard to do.


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Re: Recent Game Warden Encounter [Re: Brippley] #5492391 12/22/14 02:06 PM
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yep as said above maybe he was getting out trying to meet people, coulda done it better but eh


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Re: Recent Game Warden Encounter [Re: TurkeyHunter] #5492429 12/22/14 02:21 PM
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Originally Posted By: TurkeyHunter
Sounds like an opportunity to have built a relationship with a new game warden. You might need his help some day.
up


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Re: Recent Game Warden Encounter [Re: TurkeyHunter] #5492431 12/22/14 02:22 PM
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Originally Posted By: TurkeyHunter
Sounds like an opportunity to have built a relationship with a new game warden. You might need his help some day.


I agree, great help when you need it.

BTY, iirc, when they make contact with you as this one did on your place, he is bound to keep any personal info to himself, if he does not, then you have a right to sue at a 1k cap, should be in the same code.

I agree with Scooter (Sniper Rab), GW probably saw the blinds and just made contact, sounds like he is new to your area, so he is just getting the feel of the county. Once you admit to have actively hunting, he is compelled to look over your license I would imagine.


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Re: Recent Game Warden Encounter [Re: Brippley] #5492434 12/22/14 02:24 PM
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We've debated this before. They have broad authority as has been shown-basically the right to go anywhere wildlife is and/or where there is "hunting activity" taking place.

But their rights go no further than any other LEO-though many seem to "push it". IMO one is going to "push it" too far one day, someone will challenge it, and some of that IMO overbroad statutory authority will get taken away.

Encounters like yours and the one Dan related just don't sit well with me.


Originally Posted By: Russ79
I learned long ago you can't reason someone out of something they don't reason themselves into.


Re: Recent Game Warden Encounter [Re: Nogalus Prairie] #5492494 12/22/14 02:53 PM
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Originally Posted By: Nogalus Prairie
Encounters like yours and the one Dan related just don't sit well with me.


X2

We are law abiding citizens and have nothing to hide. However if the game warden shows up wondering about on our property he will be respected called sir and asked to leave.


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Re: Recent Game Warden Encounter [Re: Brippley] #5492522 12/22/14 03:06 PM
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The interesting thing is if we were reading about this in the Game Warden Field Notes and it talked about a GW entering a property after seeing hunting stands and subsequently finding evidence of illegal deer and hunting without a license, the response on the THF would be overwhelmingly positive.

If any of you think the GWs have too much power or authority, then contact your state legislator. The laws were made by all of us through the legislative process.

I understand Game Wardens find various illegal activity by walking around and investigating.


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Re: Recent Game Warden Encounter [Re: Brippley] #5492569 12/22/14 03:25 PM
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Do not undertsand how people get upset when a GW talks with them at their deer camp

Last edited by Hogman4127; 12/22/14 03:26 PM.
Re: Recent Game Warden Encounter [Re: Hogman4127] #5492606 12/22/14 03:39 PM
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Originally Posted By: Hogman4127
Do not undertsand how people get upset when a GW talks with them at their deer camp


No kidding - we welcome the GW's when they come into our camp. We are totally respectful towards them and they are the same towards us. We do everything on the up and up so nothing to fear. We want them familiar with our property in order to help in the event poachers come around. Each one we have met over the years have been professional and very reasonable


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Re: Recent Game Warden Encounter [Re: Brippley] #5492608 12/22/14 03:39 PM
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Just a way of saying hello for them... no biggy

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