Got checked by the game warden yesterday

But what seemed a little odd about it was that I was working on my tractor at the time. He first drove up to my trailer and then later noticed that I was over at the barn. He asked to see my license and then asked if I had any luck this season. I told him I had taken a doe earlier and he asked me when, I suspect thinking I might admit to taking it after the antlerless season had ended.

Overall it was a very positive experience, and I like to know they are patrolling the area. Still, I think it borders on being a little too aggressive when you're not in the woods and just trying to work on your tractor.

Its good to know that they are out and about in the area!!!

Agreed.

I made the post with thoughts it might generate some useful comments on what tactics other officers use in when policing their areas. For example, when they do find problem hunters in an area, they probably keep a tight rope on everyone to avoid being seen as harassing a specific group.

It doesn't really matter to me but I am curious as to whether or not you would have to show him your hunting license when you were not hunting and in the ops case, working on the tractor. I understand having to show photo ID but not hunting license .

At my last lease, the president of the lease was a local fellow and would stay in contact with the GW and actually spent several nights at lease looking for poachers with GW!!! I think that good relationship and the communications with LO's and lease club presidents help makes the GW's job much easier!!!

Wouldn't have to show either unless he is accusing you of a crime.

Yes, I've found that feelings often vary between hunters about getting checked. While it didn't bother me to get checked while working on my tractor, I know plenty of guys wouldn't have the same feeling about it.

Every year they seem to work the camps in our area in this manner as if to simply check compliance with all of us. And since I'm not always there when they pass by, perhaps he just noticed my truck and decided it was my time to get checked.

Yeah, that's odd. I can fully understand if your hunting....but on a tractor at your barn?

While that maybe true, I'm one to do my best to keep a good relationship, less I give him good reason to cite me while riding my ATV down the dirt road to the place I hunt.

I would do the same, but legally you are under no obligation to do so.

That's not true!!! They check everyone they can!!! Why would you want to cause more trouble for yourself in the long run!!!

I'm just gonna bow out of this so I don't get accused of bashing LEO.

Wonder what the season and bag limits are for a Massey?

What if you left your wallet/license up at the house? What if you weren't a hunter and have never purchased a license? Would that have been an issue......we will never know.

BTW Flip, I just noticed your sig.......that is sad.

This story strikes me as being curious towards the Game Warden. Now, if had walked up to you on your private property to introduce himself and discuss local issues pertaining to violations of game laws that's one thing. Or, if someone had reported suspicious activity then he could approach you. However, the way the original poster described it, I would be offended and not very happy to be questioned for no reason.

Strange, seems awfully intrusive to me. Where you at your house or at a hunting camp?

Flip, that sucks about the issue in your sig....did he cash the check?

No, not yet, just won't return it or the brass.

My trailer is parked in the yard of an old home place. One of the landowners has his mobile home parked on the property as well.

I suspect the officer saw my truck parked in front of my trailer and had the intention of knocking on my trailer door and check me in that fashion. It was only after he had got out of his truck and approached the trailer that he saw that I was outside the barn working on my tractor. I was adding more antifreeze to it after seeing that it checked weak.

Again, I really did not mind getting checked, even in the fashion that he did it. I should add too that while he checked my license, he didn't ask to see my ID as well. As I said earlier, I felt he was just checking compliance and keeping his presence known to everyone in the area.

It should be noted too that he has checked us in years past when someone was cleaning a deer in the barn, so the place can be seen as a camp of sorts. And I don't believe he has stopped and checked anyone at our place this year.

Seems a little over-reach to me.

Technically no basis to ask for a hunting license or no need for you to have one since you were not engaged in any activity related to hunting or had no obvious containers that could be holding game.

But I would have acted just as you did. No need to make trouble just to "show off".

It did not set too well with a couple of the landowners who later learned of it as well. They had the same opinion as you.

Seems kind of nutty to me. There shouldn't be any compliance required to work on your tractor. Don't get me wrong, I appreciate the job those guys do. However, not every leo is honest and your rights are your rights. What county are you in?

The issue does bring to mind what is acceptable and viewed as respectful of both the officer and the citizen when a hunting camp is something between a camp and a personal residence.

You don't know that compliance was "required," he just asked for it, Dan didn't say the gw demanded it.

I agree, no probable cause for license check or visit and a little aggressive. Most I've been exposed to are older Wardens and most know me and that I cull shoot. I rarely use all my tags and am very careful to use the meat productively. Always a young couple with kids or older folks on a budget that appreciate a few bags of venison.

He didn't do that randomly. Somebody said something or he had you confused with someone else-landowner perhaps?

Game wardens work all hours of the day and night during general season. They get crazy calls and descriptions of "suspicious" people usually called in by idiots.
I've been called by the local GWs several times to help them get out of a skidder rut or washout because someone called in that there was a poacher on the back of their property.
I've seen them covered in mud, just to investigate a call that turned out to be an honest hunter nowhere near the caller's property.

But, no doubt, there's always that one GW that needs to check himself.

He had a really big container called a barn.

Although it is not a crime to not have a license or Texas ID, you can be detained until the officer determines who you are. I had a moron of a "friend" in high school who "knew his rights" play the "I don't have to tell you anything" game and learned the hard way.

The hunting license makes me wonder, however. There are non-hunters in our camp all the time who couldn't produce a hunting license. If he asked about the harvest before he checked the license, he may have been checking the log on the back of the license. Or perhaps someone has started a rumor about folks not tagging dear in the area? Who knows but I would have done the same as the OP and it would have peaked my curiosity, as well.

I disagree, I think they have the administrative duty to check if they have reason to believe hunting is going on. Heck running a hunting business I think they could check my freezer pretty much anytime....

I am personally glad to have them around, and they are welcome to check me and mine anytime they feel the need. Same way with speeding tickets, best way to avoid them is not to speed....

Not to go on about the incident, I was taken back when he asked to see my license as I stood there in street clothes and the barn empty of any sign of hunting activity. While we use the barn to clean deer, I'm with the rest of you who feel the presence of current hunting activity is what should determine when a hunter should be asked to show a license.

After all, do officers check us in our homes a driver's license?

That ain't right, not without stated justification. What would have happened if you didn't have a license with you at the moment? What would that indicate or prove if you weren't hunting at the time?

I can understand keeping up a good relationship, but just checking the license of a person working on a tractor isn't right.

Pretty sure when a leo asks for something that means they expect you to produce said item there slick.

Soo...the way to not get checked by the GW is to not hunt?

Agreed...What happened to probable cause? I am happy they are on the job but...no probable cause and this gives everyone a bad taste. We are all human and hopefully this was simply a case of bad judgment.

Now that he knows you have a hunting license he probably won't bother you again. There's a lot of people hunting on property they lease for hunting and they don't know who is who coming onto the property from year to year and they will check people to get familiar with who is hunting and who is not. I get checked every year during the opening weekend of dove season and have no problem with it at all. It tells me they are doing their job. Just be glad they are checking because some properties get poached a lot and you never see a game warden at all.

What NP said are my thoughts...FWIW
Ron

I think I would engage him in friendly conversation....ask him what brings him out this way today......tell him I appreciate his efforts.....encourage him to come visit the property regularly.....and then express concern about being checked in the absence/evidence of hunting activity.

It would be interesting to hear what he had to say...........if he was following up on a tip.......KOOL.......random check........we need to have a talk.

If your at a place that's predominantly a deer camp/duck lodge, etc. and there's a reasonable belief that hunting or storage of wild game goes on there, they can inspect it. During the course of any lawful exercise of their duties, when a peace officer asks you for a ID/DL or hunting license, I'd produce it. Arguing with them, refusing, etc. may be held up by the jury, but probably not there on the spot.

We have a few game wardens on here, maybe one of them will chime in.

Overall I am as anti government as most, but I don't think the game wardens (nor the ATF inspectors, or highway patrol, or ???) are just out to get us...

I agree.

But I'm sure there are others like me wonder if such tactics are the result of officers being pressured to write more citations, as has been shown in other jurisdictions. While there may not be a quota as such, I could see officers having a little competition within their local ranks.

Whatever the case, it's important that we not let our actions escalate such events, just as officers are told to do.

No problem, other than this was not stipulated BEFORE requesting the hunting license.

And if no hunting license was found to be on a person who is working on a tractor, then what? What does or does not having a hunting license prove or not prove about being somebody at a hunting camp or where game is stored who isn't engaged in hunting or even game handling activities? It is not illegal to not have a license and be in a hunting camp. It is not illegal to not have a hunting license and to handle legally tagged game. Having or not having a license and being present means nothing. It serves no legal purpose. Dan wasn't going to get a citation for working on a tractor in a hunting camp without a hunting license, LOL.

Ignorance is bliss. They do not need probable cause to check you.

As I suspected, my reporting the event has generated good discussion. Without question, hunting is an activity that can create some unique scenarios that involve citizens and LEO's. And it's clear opinions vary about how those scenarios should and should not play out.

Check him for what? He, the warden, had no reason to believe Texas Dan was or had been engaged in a hunting activity. The warden had no reason to ask for a license.

Yeah, good topic. I think a lot of people are suspicious of our government since recent reports of government over reach and electronic spying on citizens. GW's have the toughest job and are caught in the middle. All I can say is, I don't remember this being a big issue when Bush was in office.

Simply being in a "hunting camp" is not a reasonable belief to warrent an inspection. For all the GW knows he could be a mechanic hired to work on the tractor.

I don't think GWs are out to get us either but, there is a right way and a wrong way of doing things. This particular GW did it the wrong way and it seems like it left a sour taste in the mouth.

Keep in mind too guys that at the time, I did not have my ATV parked at my trailer, nor was there any true sign that the person in the trailer had been hunting that day.

Granted, officers become familiar with their areas and know what looks like hunting camps and such. But to stop at a place where there is nothing to be seen other than a guy working on a tractor does seem questionable.

I agree the vast majority of LEO's are not out to get us. But the incident helped me understand why some guys have their own opinions about them.

Here in PA., That would be a little suspicious. Someone definitely said something. probably someone that wants to hunt your land or is jealous because he has no land. IMO.

And if Dan didn't have a license? So what? What if Dan was just there to fix the tractor and didn't have a license. The presence of a license or lack of a license isn't indicative of anything in the context of the situation.

Actually, they must have "reasonable belief"...of which I am not sure that working on a tractor qualifies.

According to code...
.

Keep in mind he asked me if I had any luck this season. Being an honest person, I told him I had taken a doe earlier. When I told him about the doe, he asked when I killed it. It was a legal kill of course and correctly validated on the back of my license. But still, being asked about previous actions seems like being pulled over and asked if you've been speeding lately.

Taken from the code above:

or under the jurisdiction of the commission".

The jurisdiction of the "commission", is the state of Texas. Just as a Police Officer can technically enforce Texas law anywhere in the state, at anytime.

Generally they will ask you if you've hunted this year, or have been hunting and had success, if so, that should be enough probable cause to check you're hunting license. If the GW does this as a "normal practice" he can say he is not discriminating against anyone.

Driver/hunting licenses are property of the state, issued in you're name as a privileged for a fee. An officer can inspect them.

When we hunted in West Texas, we where checked 2-3 times a year by various GW's..We where a camp of eleven Texas police officers LOL. We all produced our licenses, (except family there not hunting). In fact we had them out by the time the GW got down the road. LOL

We where in a "technical deer camp" and usually not engaged at the moment deer "hunting".

Simply all the GW is doing, is checking you're license for any mistakes, usually folks forget to fill in the back after a harvest (one of our officers forgot and was issued a warning)

You can question a GW or a Police officer if you'd like when he ask for you're license/DL, most will give you the short reason, BUT I would suggest producing it if you have one. If you feel like you have been, "ostracized", take that up with their supervisor/department.

Personally, I think we are severely understaffed in the GW department, I like these guys/galls around and I think all law abiding hunters do too. They may visit 100 hunters before they get that poacher that has been shooting you're deer.

I would bet a woman hunter would be less offended, being checked, (just purely MO) us "boys" tend to let our "manhood" get in the way of logic sometimes.

Sorry, just my thoughts.

It was an overreach. And those bug me too-even though I support LEOs generally. But like I said I probably would have taken it in stride-although on a few occasions I haven't.

Had a forest ranger stop me on a county road in DCNF with my 4 wheeler in the back of my pickup, ask for ID, and then ask me where I was going with the 4 wheeler. I produced my ID, but in answer to where I was going politely asked him why he needed to know. Was I violating a law I wasn't aware of? Was I engaging in a suspicious activity? (All requirements for a "Terry" stop or probable cause.)

He said no. I again politely stated that, since this was not Russia and I was not violating any law/engaging in any suspicious activity, it was none of his business where I had been or where I was going.

He then explained that they were cracking down on unauthorized 4 wheeler traffic in the NF (which I knew). Since he was nice I explained I was going to my place bordering the NF and we both went on our way.

I like that.

Level heads prevail!

Wouldn't this be like going around to lake houses and asking folks to produce a fishing license just bc they're in the general vicinity of a place where fish are?

Yes, very much in the same ball park as what happened to me.

Agreed.

Yep. Or pulling random people over because they might be under the influence, etc.

Yes yes it is painfully bliss sometimes. When did working on a tractor start requiring a hunting liscence?

I would have showed him mine as well but he was out of line asking for it.

With all the road hunters and poachers in my area I welcome the GW asking everyone, in past few years the GW has been very visible in the area and it is amazing the number of deer you can now see when driving down the roads. I hope they keep it up.

I would have just stated I did not have it with me. I do not care if I had it on me or not, I would not have given it to him. If he asked for anything else after that, I would have simply stated the same thing.

I do not hunt near my house so I do not care about a relationship with a GW that patrols around me and patrols a home.

They come out to my hunting cabin, hunting or not, and I am more than happy to give it to them..no matter the case.

R

Mixed emotions about this. A lot would depend on the GW attitude.

And if the person working on the tractor HAD BEEN a poacher or trying to steal the tractor...... would you have wanted the GW to have checked out who he was talking with?

I have never had trouble with law enforcement by cooperating

Maybe the GW heard from someone that he had killed a doe. The GW showed up politely asked about it. License and was shown it. The GW now knows everything is ok with the harvest of the animal.

Just wondering what some people that call themselves hunters have against the GWs. Yes he can go and ask if you harvested an animal. If he had waited until the OP was headed to the woods yall would be griping that the GW was interrupting the hunt

I am not talking about the OP.

Yea who cares about individual rights as long as YOUR hunting is better.

Well, gee golly, what if that fella over there in his house minding his own business is a terrorist? Lets go kick the door in and find out. Can't be too sure.

Who cares about rights? That's not nearly as important as catching poachers.

What rights were even remotely violated.

So we go from a GW checking a hunting license comparing it to looking for terrorists. Lets go ahead and start asking why you cant drive into area 51 and have a look.

This thread went the ditch...

I had a warden stop me at the gate of our ranch, search the vehicle, and ask for a hunting license. I was just going to see my brother. My God I must be a bad person.

It's truly disappointing that American people cannot see the direction we're heading.

We had a GW some years ago that took the approach that if you were in a hunting camp, you were hunting. No if's and but's...you were hunting. He checked a group of my folks one day. Found no problem but one of the hunter's kids, who was asleep inside on the couch, woke up, heard the talking and stepped outside to see what was going on. Got a ticket for not having a hunting license! Daddy was mad as hell but paid the ticket by mail rather then taking off work and driving 300 miles to fight it. Needless to say, I lost a hunter over the deal. Apparently P&W liked his attitude because he got a promotion not long after the incident. Unfortunately, not all the apples in the crate are the same.

That is sorry, but completely believable. Some people just don't have a lick of sense. Give them some power, and look out.

Lack of sense, is why you have people in power. Pretty obvious self policing does not work.

I think its the everybody gets a trophy attitude on steroids. Lets start crying about someones rights being violated even when they weren't. Lets complain about everything even when we don't have all the facts.

Yep this is what America has come to.

What facts are you missing? Are you on a bad trip? Every one gets trophies to checking a man working on a tractor for a hunting license is a huge leap even for a tweaker!!! What are you talking about???

So now when someone has a different opinion they are a drug user. Thats about right coming from a berry eater.

What right was violated. He made cobtact with someone and asked a question. The guy admitted to hunting and was checked.

What is the he problem. What right was violated.

It sounds like you have personal beef with a GW or maybe the type that got his lunch money taken at school and just cries about anything, even when he doesn't know what he is talking about.

I dont mind someone having a different opinion but put your big boy pants on and rationally explain what rights were violated

Beore you start crying about the lunch money comment it is what you are sounding like

As per the OP, you have your facts in the wrong order. He checked the guy and was THEN queried about hunting, not the other way around. Plus Dan has repeatedly stated that there were no signs of any sort of hunting activity visible.

+1

If you had your place broken into, items stolen and deer poached on your place you would be singing a different tune

It's been a good read but goodnight ya'll. Some of us need more rest than you young'uns.

The barn is at the hunting camp. Right? I just dont see how any right was violated.

I gave the GW the codes to my gates and to the property I lease. Dont have a problem with him checking me. He has checked me twice this year.

Have I ever had a bad/ rude encounter with a GW. yes I have. I do not let that dictate how I interact with the other GWs though.

To answer the question:

The right that was violated is that the GW had no reasonable suspicion for even a "Terry" stop (look it up) and certainly no probable cause to believe a law violation had been committed.

As Americans under the Constitution, we have the right to be free from intrusion of any LEO involvement in our daily business unless there is a basis for such intrusion. It is called the right of privacy guaranteed by the 4th amendment.

We do not live in a totalitarian state where the police can just ask us questions or make us comply with their demands for no reason just because they are the police. In America, the government works for the people, not vice versa.

A very well written piece from a man that practices law. Thank you Nog.

If I'm on my tractor, which I am, and a fish cop wants to see my hunting license he can pound sand.

A lot of LEOs knowingly violate rights/cross the line because: 1)most people don't know their rights and/or 2)they just want to see if they can get you to waive your rights by complying.

I get it. And most of the time I let it slide. But when I choose to stand on my rights no LEO should get pissy about it. Some do, and that irks the you-know-what out of me.

I would have been PO'd. I have a much more negative view on game wardens though. The fisher county GW pulled me over and wrote me a ticket for turning left out of the right lane at the intersection in Roby. A. there was no one at the intersection because Roby is a ghost town and B. the lane markers were so faded that I couldn't even tell it was two separate lanes. Ever since that experience GW's have left a sour taste in my mouth. I know they help us a ton, but some of them, if not most, are drunk on power.

Well I know for me, the last thing I need is some game warden asking me questions while I'm trying to hot wire a tractor.

I've got bills to pay!

But seriously, with the theft that goes on in the city & the country, it seems the mood would be different on here. To have anyone stop & attempt to verify" who are you & is this your tractor" type of dialogue would be appreciated.

I know your rights are important to you, but the game warden works for you too. Probably catches most criminals by noticing something & stopping and asking a few simple questions.

So all GW are bad because one bad experience...if you date the wrong woman, you are going to be single for a long time

I had a General Contractor not pay me once, guess I shouldn't work for any general contractors again...see the flawed logic?

I have had good and bad encounters with GW's. I don't mind giving up some of my rights to make a discussion or encounter go smoother. Most are just doing their job and trying to do it well. There is a line and attitude will dictate that line in many situations.

I don't lump all officers in a group because one is a DB.

Personally, I have no issue with the officer asking if you have killed anything this season or asking when you killed it. Asking for a hunting license when you were working on a tractor is going a bit far. There have been a lot of "what ifs", one being what he would have said if you told him you didn't have it. You didn't tell him that, so when you offered it, he has the right to ask other questions hunting related IMO.

You done messed up a good argument again with facts.

I specifically stated at the bottom of my post that I was only referring to some of them. Read a little closer next time.

Drive around town all day on Sept 1st and keep them fellas busy

I am generally sympathetic to street law enforcement and game wardens in particular but make no mistake that there will always be someone, somewhere that will work for minimum wage (or less) if given power over others, a police uniform and two nickel plated six shooters like the Lone Ranger. Law enforcement has protocol just like everyone else, when they push their limits resistance should not be a surprise.

Well Dan after resting my pea sized brain for a few hours it all came clear to me what happened here. You got to be a guilty looking feller. I rest my case and .

It is true. The GW made a consentual contact. As LEO we must have at the least reasonable suspision in order to require that you to produce your identification.

My post has generated good discussion and I hoped it would. Time to move on and recognize that while game warden tactics might sometimes appear aggressive, theirs is a unique job where you must face armed individuals on a daily basis. And likewise, citizens are right in wanting to always be treated fairly and without prejudice.

I have heard rumor about some will stop by and do a meet and greet of landowners who own good hunting property that they've seen aren't always around. Some score free places to hunt bc the LO may tell them they can hunt it if they think they'll help keep an eye on the place.

Your stance seems pretty clear to me

Terry v. Ohio, 392 U.S. 1 (1968), was a landmark decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest

This case concerns "patting/ frisking" someone down for weapons.

Also if you practice law you would/should know that the police can stop and talk to anyone. If that person does not wish to talk then they can walk away or refuse to answer questions.If it is on their property then they can ask the LEO to leave.

Still waiting to see what right was violated.

Funny, I am still waiting to see how he was authorized under Texas law to do what was done as there was no reasonable belief that Dan, working on a tractor, was involved in hunting activities and no evidence of hunting activity was in evidence at the time.

Ive never been checked while hunting. Only time ive ever even had my tag checked was by a garden ridge cop that pulled me over for speeding on the way home. He said I see you have a deer do you have a license and is it tagged. I said yes and he let us go, never even checked to verify just asked if I had.

Last year the game warden checked us 4 times and checked our license each and every time. This year he has been out twice, but has yet to ask for our license.

Consensual encounters do not require reasonable suspicion or probable cause as long as a reasonable person would feel free to leave or decline to speak with the police.

I agree this post has hit the ditch.

So how do you guys interpret this from the Parks and Wildlife Code:


Sec. 12.103. ENTERING LAND; USE OF INFORMATION OBTAINED BY ENTRY; CIVIL PENALTY. (a) To enforce the game and fish laws of the state and to conduct scientific investigations and research regarding wild game or fish, an authorized employee of the department may enter on any land or water where wild game or fish are known to range or stray.

Interpreted as they can come on a property if they're on duty (I'd prefer they announce their presence so I know what's going on before shooting anything), but I've never known fish/deer to make use of a tractor barn or trailer, so no need to knock on those if not invited.

Just to lighten the subject, before leaving, the officer asked me about my trailer (it's relatively new) and how many people it would hold. He said he was interested in getting one for his own family. Wanting to be courteous, I invited him to open the door and take a look inside, which he did.

Perhaps it was his personal interest in my trailer that was the true reason behind his stop.

Dan, you're right. This horse has been beat down. You sound like a nice feller and have been very cordial in your posts. I bet the GW is as well. I'm sure he was just making a routine stop at a known hunting camp and once he found no one at the trailer, he saw you at the tractor and during the discussion learned a deer had been killed. Probably asked when, to see if it was this year and not last year. Why would he ask for a license? Maybe to see if it was current, or maybe the right one, maybe to see if a tag was missing and which one? Mule deer, turkey or red drum tag accidentally put on that whitetail? Has that ever happened to anyone before? Maybe to see if the WD log was filled out or even if the license was endorsed, yet minor. If he discovered a problem, he may have just told you to correct it... some hunters in our group still don't know about the WD log. He didn't ask for a DL or ID so he wasn't overbearing.
Let's change the scenario just slightly. After visiting with you, he learns that you have hunted and killed a deer this year, but does not ask to see a license, some would then suggest that he is incompetent, inexperienced or not thoroughly doing his job.
Lets say that once he found no one at the trailer, yet he saw you standing by the tractor (not hunting) ,but did not make contact with you, then some will say he is rude, uppity and "in a hurry". Sometimes a "no win" situation for an Officer trying to do his job. Tongues go to waggin and he is portrayed in a negative light. No wonder some guys at my camp "bristle up" when the GW pays a visit. Again Dan, you seemed very courteous and him as well.

Well put Ned.

1. I do love me some berries. Black berries are my favorite.

2. He checked him and then asked about hunting. He had NO reason to check him.

3. I have NEVER had a bad experience with a Warden.

4. I love to eat. Good luck to you if you try to take my lunch money.

5. And I dont like crying it makes my mascara run.

My first post was only a joke at you making a leap from trophies to Wardens, but after reading this post I am now certain!!! You are TRIPPING

Agreed. And civil discussions like this one allow people to vent their feelings so they can become more understanding of one another.

was that a bad post?

Life is going to be rough for you if you can't just swallow your pride, agree you broke the law, pay your fine and learn from your mistake.

In the grand scheme of things its a meaning less ticket. Everyone has a bad leo story, and I have a few myself. But those LEO's good and bad are still ones most likely to help you out in a bind and may save your life. Respect just in actions will help you out way more then resentment

Im going to bow out of the argument side. The original trophy post was in reference to someone else crying about everything.

If I took your post wrong I apologize.

But if I wanted your lunch money i would get it hhaha

Did I mention how much I love to eat.

And I dont think everyone deserves a trophy either. There needs to be winners and losers.

"Reasonable Suspicion" and "Probable cause" aren't the same, "Reasonable suspicion" has a lower bar and can/will set up "probable cause".

Texas Parks and Wildlife Code (12.102)

INSPECTION AUTHORITY: A game warden who observes a person engaged in an activity governed by the Texas Parks and Wildlife Code or reasonably believes that a person is or has been engaged in such an activity may inspect:
any license, permit, tag, or other document issued by the department and required by the Texas Parks and Wildife Code of a person hunting or catching wildlife resources;

Section 12.103
Sec. 12.103. ENTERING LAND; USE OF INFORMATION OBTAINED BY ENTRY; CIVIL PENALTY. (a) To enforce the game and fish laws of the state and to conduct scientific investigations and research regarding wild game or fish, 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 as described by this subsection."

Looks like the GW was there in a Legaly.

I concur with Savage 388,
"The U.S. Supreme Court has specifically endorsed officers walking up to people with no suspicion whatsoever and asking potentially incriminating questions. Just remember that the consent must be voluntary." Brian Surber, Deputy General Counsel, OBN

We have the 4th amendment, but then you have tons of "case law", such as the "Terry stop" or "stop and frisk". In the capacity of a GW and the "nature of their business", I can see where the "terry law" could apply, but not needed in this incident.

I dont see where any rights where violated??, the GW made a field contact. When you get a hunting license or similarly, a drivers license, you agree to the conditions that come with it. since they weren't issued when the constitution was passed, I'd think "case law" would predominate.

I doubt if push came to shove, an attorney wouldn't get "near this" as a "rights violation".

If I was the prosecutor (I'm not ) I would close with this.

"You're Honor, ladies and gentleman of the jury, We have read the Defendants statement and I submit to you, if the GW was handed the defendants hunting license, had it in his had, would it not be obvious (assuming it was properly filled out, with a tag missing) to the GW that the defendant HAD been hunting in the state of Texas. Or does it make more sense that the GW introduced himself, ask the defendant if he had "any luck this year", upon the reply of "yes", the GW asked to see the defendants hunting license?"

That is how it would be written in the GW statement I guarantee you.

if you aren"t doing anything wrong then whats the problem ? I would welcome any GW on our place and like to know they are there making sure things in my part of the county are going good
I have only been checked twice in my life and both times it lead to about a 30 to 45 min talking about other things some hunting but mostly just BS and any contact with the law is what you make out of it.

I don't carry my hunting license when I'm not hunting.

Problem solved...

I actually had left my wallet in my trailer and had to get it to show the officer my license.

I got checked opening weekend of dove season last year & I wasn't hunting. There was over a hundred people there eating and shooting skeet. I was running a skeet thrower and had about 8 or 10 folks lined up with shotguns blasting away. The Wardens stopped in front, stretched the fence & walked right up to me (no one else) and asked to see my license. I said, "Um, OK I'm not hunting but here you go sir". I thought it was strange that he checked the only person without a gun in his hands. but oh well, not the first time I have been profiled probably because of the tattoo on my arm.

IMO, was the Warden right in his approach, Nope. But I would bet he was in the general area looking into something that had nothing to do with the OP.

Hope you had some clay pigeon tags left..

[quote=Tbar]I think I would engage him in friendly conversation....ask him what brings him out this way today......tell him I appreciate his efforts.....encourage him to come visit the property regularly.....and then express concern about being checked in the absence/evidence of hunting activity.

It would be interesting to hear what he had to say...........if he was following up on a tip.......KOOL.......random check........we need to have a talk.

I have encountered this exact situation, and handled it in the above quoted manner. Now here's the rest of the story....My hunting buddy and I were on a "new lease" that year and the previous bunch happened to be nefarious county road hunters that had been caught/fined road hunting the prior year. Turns out the same bunch was at it again and he showed up thinking this was still their camp. Although, not very friendly or chatty upon initial encounter, we complied with his requests, without confrontation. Once the GW determined we were not a part of the problem, he chilled out and opened up with the information about the camp check and apologized for any inconvenience he may have caused us.

About then the GW noticed that my buddy was an Associate Warden from a sticker on his vehicle (as he turned to walk away) and further asked if we could help him "keep an eye on things" while we were around the area, gave us a description of the vehicle, then provided his phone number and several other ways to contact him in an emergency. We told him we would cruise the "problem roads" for the next several nights and call him if we saw the vehicle (we did). The GW saw us in the grocery store a week later and informed us that he had seen us on the problem roads (from his vantage point), thanked us for the call, and informed us that he had indeed caught the guys in the act.

A couple years later we were dove hunting in a large group. A couple of GW's showed up checking licenses and bag limits. My buddy and I walked up to the truck, the aforementioned GW recognized us and asked if we had any luck..."I limited out" was my reply. The second GW counted my birds, said I had one too many then got all excited and started getting bossy and full of his authority..to which the first GW looked up and said You need to settle down because these fellas are good guys...If he says he has a limit then he has a limit..we recounted the birds and I had exactly my limit. (the first GW miscounted)

In summary, ALL I CAN SAY IS...I may have given up some rights by my initial compliance, but ultimately, I earned the respect of at least that particular GW.

GW's have good days and bad just like us hunters. On an upbeat side my wife and I were fishing a bass tourney on OH Ivie in July when two wardens pulled up and asked for our license. One asked my wife if she had killed a nice buck that year for she had a tag missing. She had failed to fill in the log on the back of the license. Holy crapola. Well instead of a citation he smiled and loaned her his pen to fill it in then wished us luck in the tourney.

Your comments remind me of the woman who was sitting in her husband's boat watching him fish. A game warden drove up in his own boat beside them and asked to see their fishing license. She told the officer that she was not fishing but only watching her husband fish. The officer told her, "We'll, you have all the equipment necessary to fish." The woman replied back, "Well in that case, I am going to accuse you of rape." The officer replied back, " But lady, I haven't laid a hand on you." The woman quickly replied back, "That doesn't matter. You have all the necessary equipment don't you?"

Dan, that is too funny, Something that happened to my wife.

I had bought her a new corvette in 2008, I had ordered a custom front license plat holder.
Wouldn't you know it, a young trooper stopped her for it (no front lp) During the stop, he notice the radar detector I had put in the car. He asked the wife about it and she said "it is my husbands". he told her "well tell you're husband that if we see that, we will issue a ticket more often, it is a "propensity to speed". I called his supervisor and told him "then the young trooper has a "propensity to commit rape". The Lt apologized and said he would speak to the trooper.

Being former LE (my ex boss is now a Texas ranger and they know each other LOL) He understood where I was coming from, growing pains for a new troop.

True story.

There are good and bad in any occupation.