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So let me get this straight
#7289823
09/18/18 03:14 AM
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Joined: Jul 2008
Posts: 22,252
Texas Dan
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A game warden can search your home without a warrant if he/she has enough evidence that suggest you are harboring illegal game, and yet an officer needs a warrant to remove a dog from its owner’s yard after it has attacked and bitten a kid. Link
"Some people will never like you because your spirit irritates their demons."
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Re: So let me get this straight
[Re: Texas Dan]
#7289829
09/18/18 03:21 AM
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Joined: Aug 2004
Posts: 17,721
Txduckman
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Game is states property. Dog is personal property. Maybe? I didn't see anything in the article asking for a warrant though. Deputy shot a dog. On Lone Star Law I think they would get a warrant if there was not visible blood or evidence. Most of the time they just asked and folks agreed.
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Re: So let me get this straight
[Re: Texas Dan]
#7289840
09/18/18 03:30 AM
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Joined: Feb 2008
Posts: 12,221
Grizz
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A game warden still needs a warrant or consent to search your house. The evidence of possessing contraband just gets them that warrant.
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Re: So let me get this straight
[Re: Texas Dan]
#7290163
09/18/18 03:04 PM
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Joined: Jun 2015
Posts: 18,683
Roll-Tide
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The 4th amendment is the 4th amendment.
GW May determine probable cause differently than a traditional peace officer.
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Re: So let me get this straight
[Re: Texas Dan]
#7290171
09/18/18 03:16 PM
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Joined: Nov 2010
Posts: 27,091
Nogalus Prairie
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All LEOs are subject to the restrictions of the 4th Amendment. But GWs have statutory and court-backed “inspection authority” that applies to receptacles where meat may be kept, open air sheds, etc. That coupled with their broad authority to enter any area where hunting and fishing activities may be taking place gives them lots of leeway.
It’s not blanket authority to do anything they want though. They cannot just go through homes or other places with a reasonable expectation of privacy without consent or a warrant.
I learned long ago you can't reason someone out of something they don't reason themselves into.
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Re: So let me get this straight
[Re: Nogalus Prairie]
#7290182
09/18/18 03:28 PM
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Joined: Jul 2008
Posts: 22,252
Texas Dan
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All LEOs are subject to the restrictions of the 4th Amendment. But GWs have statutory and court-backed “inspection authority” that applies to receptacles where meat may be kept, open air sheds, etc. That coupled with their broad authority to enter any area where hunting and fishing activities may be taking place gives them lots of leeway.
It’s not blanket authority to do anything they want though. They cannot just go through homes or other places with a reasonable expectation of privacy without consent or a warrant.
That’s good to know. Thanks for sharing. It just seems crazy that an animal that has physically attacked and caused harm to someone would be treated and protected as personal property, while meat from a dead deer is viewed differently.
"Some people will never like you because your spirit irritates their demons."
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Re: So let me get this straight
[Re: Texas Dan]
#7291549
09/19/18 07:15 PM
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Joined: Sep 2009
Posts: 4,755
ccoker
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[/quote]
while meat from a dead deer is viewed differently. [/quote]
yeah, well, when deer became an expensive commodity in Texas....
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