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“Open Fields" #9051696 05/24/24 12:56 PM
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Inge0071 Offline OP
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Just gonna leave this here: https://www.outdoorlife.com/conservation/twra-warantless-searches-ruled-unconstitutional/

For those that don’t know, the Texas and U.S. Constitutions are worded differently with respect to warrantless searches.


Tennessee has this one right.


Pro Deo et patria
Re: “Open Fields" [Re: Inge0071] #9051943 05/24/24 11:57 PM
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Inge, can you expound on that?


Without a sense of urgency, nothing ever happens.

Boy, if I say "sic em", you'd better look for something to bite. Sam Shelley, Rancher Muleshoe Texas 1892-1985 RIP
Re: “Open Fields" [Re: Inge0071] #9052120 05/25/24 01:17 PM
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If I found a trail cam on my property that was not mine it would at the bottom of the pond.


Originally Posted by Superduty
I am still looking for the perfect apron, one with reinforced knee areas would be perfect.

Re: “Open Fields" [Re: Inge0071] #9052177 05/25/24 03:50 PM
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here's a little expansion

open fields

p.s. i also would like to know a little more about what texas says about this, i wasn't aware texas looked at it any different

Last edited by spankyttx; 05/25/24 04:01 PM.

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Re: “Open Fields" [Re: spankyttx] #9052310 05/25/24 09:58 PM
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Originally Posted by spankyttx
here's a little expansion

open fields

p.s. i also would like to know a little more about what texas says about this, i wasn't aware texas looked at it any different



Section 12.103(a), Parks and Wildlife Code, allows Texas Game Wardens to enter on any land or water where wild game or fish are known to range or stray to enforce the game and fish laws of the state.

I'm not a fan of the open field doctrine but here you go.

https://en.wikipedia.org/wiki/Open-fields_doctrine

Re: “Open Fields" [Re: Inge0071] #9052400 05/26/24 01:31 AM
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yeah, us v pace 5th cir 1992 upheld the ofd in texas. so no difference, unlike the 5 states that do have a stronger state constitution for landowners


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Re: “Open Fields" [Re: Inge0071] #9053107 05/27/24 03:55 PM
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Ballot box. Jury box. Ammunition box.

Anytime Government powers get expanded through a Court ruling instead of legislation it needs to be fought vigorously.

Re: “Open Fields" [Re: Inge0071] #9053515 05/28/24 02:49 PM
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blkt2 that did not happen, court ruled in favor of the LOs.

Re: “Open Fields" [Re: Wytex] #9054989 05/31/24 02:19 AM
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Originally Posted by Wytex
blkt2 that did not happen, court ruled in favor of the LOs.



He’s a rebel without a clue roflmao

Re: “Open Fields" [Re: Inge0071] #9055185 05/31/24 04:36 PM
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??? court ruled in favor of the LOs, that's correct. government powers were expanded through a court ruling, not through legislation that makes law, is also correct

but those court rulings are on both sides of the fence. like panhandling, sc ruled it's a charitable request for funds, protected under the first amendment, free speech

Last edited by spankyttx; 05/31/24 04:39 PM.

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Re: “Open Fields" [Re: Dave Davidson] #9056042 06/02/24 02:23 PM
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Inge0071 Offline OP
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Originally Posted by Dave Davidson
Inge, can you expound on that?


“Open Fields,” the argument upon which Pace is based, relies on a 4th Amendment/protected curtilage analysis. The US Constitution protects “[t]the right of the people to be secure in their persons, houses, papers, and effects

Texas requires “[t]he people shall be secure in their persons, houses, papers and possessions”…. Land is a possession, not an "effect."

Game Wardens may be able to enter a property, but they are not allowed to take or possess your property. That’s exactly what the installation of a camera on a property does. It takes or possess the space occupied by the camera, and that’s why Game Wardens in Texas don’t do it without landowner permission.



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Re: “Open Fields" [Re: Wytex] #9056096 06/02/24 04:45 PM
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Originally Posted by Wytex
blkt2 that did not happen, court ruled in favor of the LOs.



My comment stands on it's own and applies to every case.

I was illustrating The Ballot Box and the Jury Box have failed and we need to consider resorting to the ammunition box.

Re: “Open Fields" [Re: Inge0071] #9075008 07/12/24 04:12 PM
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well, trapper. you wanted to know the outcome. this doggie has been put to bed. it's over, finished, done. the tennessee landowners won. no more twra coming and going as they please, without pc for a warrant of course. twra isn't gonna do anymore appeals so the ruling is set in stone


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Re: “Open Fields" [Re: Inge0071] #9075353 07/13/24 03:37 PM
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Good.


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"Man is still a hunter, still a simple searcher after meat..." Robert C. Ruark
Re: “Open Fields" [Re: spankyttx] #9075408 07/13/24 08:00 PM
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Originally Posted by spankyttx
well, trapper. you wanted to know the outcome. this doggie has been put to bed. it's over, finished, done. the tennessee landowners won. no more twra coming and going as they please, without pc for a warrant of course. twra isn't gonna do anymore appeals so the ruling is set in stone


Yep but it's limited to Tennessee. Even if it had made to a circuit court, they aren't in 5Th Circuit.

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