Texas Hunting Forum

So let me get this straight

Posted By: Texas Dan

So let me get this straight - 09/18/18 03:14 AM

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.

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Posted By: Txduckman

Re: So let me get this straight - 09/18/18 03:21 AM

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.
Posted By: Grizz

Re: So let me get this straight - 09/18/18 03:30 AM

A game warden still needs a warrant or consent to search your house. The evidence of possessing contraband just gets them that warrant.
Posted By: Roll-Tide

Re: So let me get this straight - 09/18/18 03:04 PM

The 4th amendment is the 4th amendment.

GW May determine probable cause differently than a traditional peace officer.
Posted By: Nogalus Prairie

Re: So let me get this straight - 09/18/18 03:16 PM

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.
Posted By: Texas Dan

Re: So let me get this straight - 09/18/18 03:28 PM

Originally Posted By: Nogalus Prairie
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.
Posted By: ccoker

Re: So let me get this straight - 09/19/18 07:15 PM


[/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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