Go | New | Find | Notify | Tools | Reply |
one of us |
I'm not certain of the law in Texas, but if you'd done that here, you'd likely be in jail for assault. from a web site dealing with Tx GW powers....
xxxxxxxxxx When considering US based operations of guides/outfitters, check and see if they are NRA members. If not, why support someone who doesn't support us? Consider spending your money elsewhere. NEVER, EVER book a hunt with BLAIR WORLDWIDE HUNTING or JEFF BLAIR. I have come to understand that in hunting, the goal is not the goal but the process. | |||
|
One of Us |
From my experiences here in my home state, Game Wardens have the mostauthority of ANY LEO in Texas. They can stop a person and give them a ticket for speeding or other driving illegalities. They are considered State Police. I have never understood why some one that has not broken any law, gets so bent out of shape when confronted by an LEO, regardless of the agency. I am not defending LEO's, but if a person knows and can prove they have not done anything wrong, why escelate the situation when there is no real need to? Even the rocks don't last forever. | |||
|
One of Us |
Gato You missed it in my post but I was having a friendly dealing with the DOW Game Officers, 2 County Deputies or State Troopers came by snooping while I was dealing with the GW. They didn't ask a thing just started rummaging in my cooler. I don't care what state you are in you are protected from illegal search in these United States. | |||
|
One of Us |
Game cops have no more authority than any other LEO though they would like you to think so. The Constitution of the USA goes the same for them as everyone else. Years ago we had a real self inflated ego GW in Potter Co. Pa. one night he pulls up to our camp and knocks on the door...my father's father says DO NOT OPEN THAT F'ing DOOR. The GW knocks louder with same results from us as we continued our card game... now he is banging on door demanding we open up and come out...we ignored him..he strutted around the front yard like a gamecock saying," I will get a warrant",same response from us...after 45 minutes he drove off never to return. We had done nothing against any laws and knew it. There was a time I had all the respect in the world for any type LEO but no longer. If I went south of the law OK I deserve my punishment but they (LEO) will never again intimidate me! Screw all of them! | |||
|
one of us |
I repeat, in Texas, since you were or appeared to be engaged in hunting your cooler was subject to a search legally by any GW, at any time. BTW, I am a firm believer in my rights and would not agree to a LEO searching my vehicle under any conditions. They can rant and rave all they want, get dogs, whatever, buy no search without my permission. Of course, if the dogs alert, then they don't need it. xxxxxxxxxx When considering US based operations of guides/outfitters, check and see if they are NRA members. If not, why support someone who doesn't support us? Consider spending your money elsewhere. NEVER, EVER book a hunt with BLAIR WORLDWIDE HUNTING or JEFF BLAIR. I have come to understand that in hunting, the goal is not the goal but the process. | |||
|
one of us |
Probable cause still has to be present. No is the proper answer if some one asks to search. If they didn't need permission they wouldn't be asking. | |||
|
One of Us |
Just a question P. Dog Shooter, have you ever hunted in Texas or dealt with a Texas GW? I think I alluded to it earlier but GW's in Texas, from what I have heard and seen have the most authority of any LEO in Texas. If a GW here stops a person and asks permission to look at something he is doing so out of courtesey, and if a person refuses, that has given the GW probable cause and here in Texas a GW Does Not have to obtain a search warrant, up to and including going into a persons house, if they can show/prove Probable Cause. Even the rocks don't last forever. | |||
|
one of us |
"Need probable cause": Not in Texas for a GW, engaging or appearing to engage in a Regulated activity (hunting/fishing) gives them the right to search anything that might hide illegal items, including your cooler, car, trunk, etc. Below is part of 2003 Tx law regarding same:
xxxxxxxxxx When considering US based operations of guides/outfitters, check and see if they are NRA members. If not, why support someone who doesn't support us? Consider spending your money elsewhere. NEVER, EVER book a hunt with BLAIR WORLDWIDE HUNTING or JEFF BLAIR. I have come to understand that in hunting, the goal is not the goal but the process. | |||
|
one of us |
Just as I was saying. There is a huge amount of case law saying what is not allowed in conducting searches then just a statue. A state can pass a law saying LEOs can enter your house any time they want. It still has to pass constitutional muster Case law changes all the time | |||
|
one of us |
Not true in Nebraska as well. The GW in Nebraska has the same authority as the State cops and County Sheriff, which is greater than any local LEO. I just went to the latest Neb conservation meeting there their attorney general was discussion this. Larry "Peace is that brief glorious moment in history, when everybody stands around reloading" -- Thomas Jefferson | |||
|
one of us |
Not necessarily probable cause in the strict sense of the word or intent. A cooler in the back of a pickup can be searched just because it COULD have been used to engage in the activity. Again, been there, done that. Larry "Peace is that brief glorious moment in history, when everybody stands around reloading" -- Thomas Jefferson | |||
|
One of Us |
I used to own a rental property. One thing I learned fairly quickly is that anyone who started talking about "renter's rights" was most likely a deadbeat and always trouble. Killing a 6 point or better elk in Colorado illegally is a felony. I am not a lawyer, but seeing the horns in the back of a truck in elk country in a closed season would probably constitute probable cause to investigate. Failing to give them your name and not cooperating gives them more reason to think perhaps a crime has been committed. If they wanted to be total asses, they could have arrested you (or had a sheriff's deputy do so), taken you to the jail for fingerprinting to determine who you are, had your truck towed and impounded, and then held you until they either charged you with a crime, or let you go (up to 72 hours). They could also make you sue in order to get your property back. Personally, I don't like the fact that LEOs can misrepresent themselves and lie to suspects with impunity, but that's they way the courts have decided. The Wardens were just doing their job. Failing to investigate would be totally negligent on their part. You assumed they knew who you were, but that is just an assumption. Perhaps you are not as famous as you believe. I have no idea who you are and have never seen any of your films. It is possible a local saw you with the antlers and called it in and gave a description of the people in the truck. It is also possible, that the Warden's recognized most of the locals in the diner, and assumed you were the out-of-staters. I don't know of any LEOs that would let possible felons finish their lunch before they started asking questions. Sure the antlers were yours legally, but the LEOs couldn't have know that until they investigated. Your attitude and refusal to cooperate, escalated the situation IMO. I have never run into a Game Warden (in Colorado or elsewhere) who was a jerk, mainly because I treat them with respect and truthfully answer their questions. I learned at an early age, NEVER MOUTH OFF TO AN LEO. They have a stressful job and deal with a lot of people looking for trouble. They don't know if you are an average joe, or some crazy who just offed his girlfriend. You might have a loaded gun, that you lawfully acquired, and you might be carrying it lawfully, but you damn well better follow an LEOs instructions, or you can wind up dead, Constitutional Rights be damned! BH63 Hunting buff is better than sex! | |||
|
one of us |
That still doesn't mean that they can conduct illegal warrantless searches. Reasonable suspicion, probable cause all have been defined for a long time in many court cases. When a LEO of any type over steps the bounds then they get evidence thrown out. | |||
|
One of Us |
p dog shooter needs to read this before he makes any more incorrect statements about GW powers: Because of the nature of their work, which involves working alone in wild places far from towns, regularly performing compliance checks, and the difficulty in getting a search warrant in time to deal with every contact they make in the field, game wardens in most states have extended search and seizure powers. Why do game wardens have more search powers? The reasoning goes like this. Fish and game are public property. Unless you have stocked a lake with your own fish, planted raised game birds, or have a fenced enclosure where you have deer, wild boar, or other game animals that you have raised for hunting, wild animals are governed by the state and federal government. So, if a game warden suspects that you may be hunting or fishing illegally, he or she can come onto your land and conduct an investigation and it’s not trespassing. Compliance checks in the field also come with special powers. As you have supposedly purchased a license to hunt or fish legally, the warden can ask you to show that license, as well as accompanying identification. If you cannot prove who you are, you could be hunting or fishing with a fake license. And because you are supposed to follow the law, such as carrying no more than the limit of shells, or using barbless hooks and so on, you can legally be searched without a search warrant because of what is called “exigent circumstance.” That wardens have extended search powers can be source of conflict if you don’t know this. A few years ago in Wisconsin, a Hunter Education Instructor who had been teaching for 14 years was found to be telling his students that wardens had no such special powers of search and seizure, and students should not hand over their firearms to wardens for inspection and they should order them off private property when they do not have a search warrant. When it was discovered what he was teaching, he was asked to stop teaching this and alert all his former students to this error. When he would not follow this directive, his Hunter Education credentials were revoked. Wisconsin Hunter Education not only dismissed the instructor, but the state Hunter Education Administrator Timothy Lawhern followed up with a letter to all the instructors’ former students that informed them to always follow the commands of a law enforcement officer, no matter the circumstance and even if it meant giving the officer the firearm and not blocking them from entering private property without a search warrant or probable cause. The incident made the national news as it spotlighted the fact that game wardens have search and seizure powers that no other law enforcement officers have. I checked in with Timothy Lawhern in Wisconsin, who is not only a game warden, but also the former President of the International Hunter Education Association, and the administrator for Hunter Education for the Wisconsin Department of Natural Resources. I asked Tim if anything had changed in the nearly four years since that incident. His reply was, “No change from how we have done business for many years. The issue in Wisconsin a few years ago came from a disgruntled dismissed Hunter Ed volunteer instructor. Bottom line is he was wrong.” If you want to know what wardens can and can’t do in your state make sure you check, as unfortunately this is not always taught in Hunter Education classes, and there are no fisherman education classes. | |||
|
one of us |
Just intent has been shot down many times as an excuse for a search. | |||
|
One of Us |
You had better stick with your day job IF you have one because your posts regarding GWs and what you think they can't do will get you in big trouble if/when you get checked or are required to stop at a check station just due to the fact that you may have been hunting or are going hunting. In Wyoming anyone traveling on the same side of the road that has been hunting or is going hunting are required to stop at a signed check station even if you have no game in your possession. Yep, they will ask you out of courtesy as CHC mentioned if they can check your truck and coolers there or in the field at your parked vehicle, but the law doesn't say they have to. Their job alone gives them that right and if you go by an open signed check station without stopping you'll see what happens if you're dressed in hunting gear! | |||
|
One of Us |
Lots of info here in this, can't say I would "enjoy" encounter with a game warden and I had a few over the years, always with a non ticket outcome, but in general Im pretty suspicious about any LEO and what he or she is doing. A lot of my feelings has to do with the bad apples when they are caught at something which makes a news splash when it first happens, but one seldom hear's about a long term outcome. I believe that all LEO because of the powers they have should be held to a higher standard and being allowed by law and court decree to lie during an interaction or investigation with a member of the public is pretty disgrace full and not being held to that higher standard. Im always polite with them when I have interactions with them, but that doesn't mean I trust them. I also think all these cops shows on tv don't do much to help their image as most of those shows show the "star" character as arrogant and self-rightous, but then that's tv for you. Notice how much the cops look and dress like military these days too when responding to high drama situations. I know ifI had a nice elk rack and bighorn sheep horns, legally owned or not, I sure wouldn't leave them alone in the back of an open truck for the world to see (or steal) Willi | |||
|
one of us |
Of course you misunderstood the context of the word "intent" as I used it. That would just make you ex-LEO. Larry "Peace is that brief glorious moment in history, when everybody stands around reloading" -- Thomas Jefferson | |||
|
One of Us |
I believe some are missing some of Aaron’s statements. The elk antlers were tagged and visible the sheep was plugged and visible that should of been enough. Anyone can possess a set of antlers without restriction has been stated and obviously overlooked by some. As far as why would anybody have a set of antlers and a sheep skull in plain view. Trucks have beds that are open! It plainly states he had the items for a photo shoot. | |||
|
one of us |
This whole discussion just confirm what I have know all along that sportsmen are some of the most honest people out there. That they are very willing to give to give up there rights just to prove they are innocent. Court cases and rules of evidence be dam I am going to prove to you I am innocent so just search away. | |||
|
One of Us |
BS! We just know what is allowed when checked by a GW and prefer not acting like assholes over a simple check that we agreed to when we bought and signed our licenses! For some on here like yourself it's over your head and you should take a course on search & seizure or I guess you can just keep on making incorrect statements like you have been on these threads! | |||
|
One of Us |
+1 Had some local cops looking for someone I didn't know and never heard of, they wanted to come in my house (I live in a very nice neighborhood) but that shouldn't matter. I spoke to them on my front step very courteously and told them if they wanted to come inside they would need a warrant. They were a little disconcerted but left politely. That's how it should work. Regards, Chuck "There's a saying in prize fighting, everyone's got a plan until they get hit" Michael Douglas "The Ghost And The Darkness" | |||
|
One of Us |
Geez, and you live in Colorado! Who would have thunk it since it seems that others from CO are saying EVERY LE in Colorado acts like they are Gestapo!! | |||
|
One of Us |
well they may force their way in my house or camp without a warrant but the first six or so are not walking out....a thug is a thug | |||
|
One of Us |
I completely understand Aarons actions and assesment of the GWs motives in this case. He stated one of the GWs personally knew who he was so the whole ID thing is bullshit. Elk was tagged and sheep was plugged...what else was there to know??? As a retired game warden with 26 years experience I have a slightly different view of this incident than most of you. The GWs KNEW who they were dealing with, and should of known he would know the laws since he deals with the commercial end of the hunting industry. There no excuse in lying to or threatening Aaron with tickets and confiscation. As a GW I made it a point NEVER to threaten anyone with anything I was not prepared to do. There is such a thing as being professional or at least acting in a professional manner. The GWs screwed the pooch from the time they got out of their truck and set the tone for the rest of the encounter with their actions and absence of professional manners. Birmingham, Al | |||
|
One of Us |
As a retired GW I'm very surprised you would make those comments against the GWs when you have only read what Aaron posted and you/we have no idea if the incident even occurred, especially the way he said it went down. IMHO only if it was proven without a doubt that what he posted was true, and only he and the GWs involved if there was such an incident actually know what happened, would your final analysis of the situation be accurate! If what he posted were the exact facts as they happened, then I agree 100% with your final comment! | |||
|
One of Us |
That now qualifies as the dumbest post on this and the other thread dealing with GWs!!! | |||
|
One of Us |
Folks, you may know what you are ta;lking about, but each state is different and in Texas, Game Wardens ARE CONSIDERED STATEC POLICE!!!! If you Do Not know what you are talking about, don't make comments you cannot back up! I do not know, nor do I care what Game Watrdens can or cannot do in ANY other state, but I DO KNOW what Texas GW's can do as does Gato! Even the rocks don't last forever. | |||
|
One of Us |
Crazy, in Al GWs are State Police and have all the same power and authority as any other state officer...except in state run Wildlife Management Areas where a GW has the authority to search for any reason any vehicle on WMA grounds. I had some drug cases thrown out by a newby asst DA that didn't know the law too well...got her straightened out on WMA searches. Convictions based on these searches have never been appealed to the State Supreme Court or higher so they still stand as written. Birmingham, Al | |||
|
One of Us |
In many states, all peace officers (of any department) have the same authority to enforce all laws of the state and it can also be anywhere in the state. That doesn't mean they don't turn over investigations to a specialized agency or that they choose not to focus on it. For example, you will not have a lot of success telling a city police officer in California that he can't cite you for more than your legal limit of fish because he is not a Game Warden. Mike Legistine actu quod scripsi? Never under estimate the internet community's ability to reply to your post with their personal rant about their tangentially related, single occurrence issue. What I have learned on AR, since 2001: 1. The proper answer to: Where is the best place in town to get a steak dinner? is…You should go to Mel's Diner and get the fried chicken. 2. Big game animals can tell the difference between .015 of an inch in diameter, 15 grains of bullet weight, and 150 fps. 3. There is a difference in the performance of two identical projectiles launched at the same velocity if they came from different cartridges. 4. While a double rifle is the perfect DGR, every 375HH bolt gun needs to be modified to carry at least 5 down. 5. While a floor plate and detachable box magazine both use a mechanical latch, only the floor plate latch is reliable. Disregard the fact that every modern military rifle uses a detachable box magazine. 6. The Remington 700 is unreliable regardless of the fact it is the basis of the USMC M40 sniper rifle for 40+ years with no changes to the receiver or extractor and is the choice of more military and law enforcement sniper units than any other rifle. 7. PF actions are not suitable for a DGR and it is irrelevant that the M1, M14, M16, & AK47 which were designed for hunting men that can shoot back are all PF actions. 8. 95 deg F in Africa is different than 95 deg F in TX or CA and that is why you must worry about ammunition temperature in Africa (even though most safaris take place in winter) but not in TX or in CA. 9. The size of a ding in a gun's finish doesn't matter, what matters is whether it’s a safe ding or not. 10. 1 in a row is a trend, 2 in a row is statistically significant, and 3 in a row is an irrefutable fact. 11. Never buy a WSM or RCM cartridge for a safari rifle or your go to rifle in the USA because if they lose your ammo you can't find replacement ammo but don't worry 280 Rem, 338-06, 35 Whelen, and all Weatherby cartridges abound in Africa and back country stores. 12. A well hit animal can run 75 yds. in the open and suddenly drop with no initial blood trail, but the one I shot from 200 yds. away that ran 10 yds. and disappeared into a thicket and was not found was lost because the bullet penciled thru. I am 100% certain of this even though I have no physical evidence. 13. A 300 Win Mag is a 500 yard elk cartridge but a 308 Win is not a 300 yard elk cartridge even though the same bullet is travelling at the same velocity at those respective distances. | |||
|
one of us |
Checking licenses and doing a search for evidence are separate things. | |||
|
one of us |
Maybe he knows to well the BS some try and pull. | |||
|
Administrator |
Only when they are right, and not when they think the uniform they are wearing gives them any right to hassle people! I have had a few brushes with idiots in uniform, once it went all the way to the head of the country, who called me and asked what had happened, and I told him. He said "well done. That should teach them a lesson". People in uniform should know they do have a lot of power, but not to use to further their own personal opinions of anyone. | |||
|
One of Us |
No shit Sherlock!!! | |||
|
one of us |
In wis it is written statues that all LEOs have the same power as game wardens. As a deputy sheriff I could enforce all the laws a warden could enforce. But we would normally exchange cases I catch poachers I would turn them over to local warden. They would catch other law breakers and turn them over to us. Worked well that way. We were all issued books of DNR citations so we could write violators under the DNR codes. They were issued uniform traffic citations. I received a lot of tips from wardens they recived a lot of tips from us. | |||
|
one of us |
I worked the same areas that local wardens did many times I was the lone deputy and only LEO working in the 3rd largest county in the state. Your right I know nothing about the laws covering search and seizure. And I know nothing of wardens and their powers heck my brother was one. I even worked with a few in my time. And you know it all by just talking to someone. So how many searches have you done I done hundreds. how many warrant applications have you taken before the DA then the judge. How much time have you spent talking such cases over with the local DA. How many people have you sent to prison with evidence you gathered. How many people have you cost hundreds if not thousands of dollars by witling them citations. How many times have you sat on the witness stand having to justify your search. How many classes on search and seizure have attended put on by your states DOJ. Search and seizure powers are all govern by the constitution, case law and statute violating the rules governing them well get your evidence thrown out. Feel free to let a warden search your person, camp, vehicle or house when they ask. No body is saying you can't. If they ask me for permission personally I am telling them no. If they tell me they can get warrant so be let them get a warrant. Most any time a LEO of any type tells you they can get a warrant they are buffing. Why because if they could get a warrant they would all ready have it in their hands. Or if they had enough probable cause to get a warrant from what they found on scene they be doing a probable cause search with out one. If they tell me they are going to search any way I am not going to use force to stop them. It well be up to the courts to decide if the search was proper or not. | |||
|
one of us |
When I read the original post, I knew exactly who Aaron was speaking about. Yes, we happen to hunt the same general area and bump into the same guy. I can assure you he knows who we are. He knows our trucks, who we hunt with, where we camp, areas where we typically hunt, and what we're willing to do to fill a tag. A good GW should/will know this if you hunt in his area year after year. We also know his general attitude and demeanor. I don't doubt the story one bit knowing the GW in question. Graybird "Make no mistake, it's not revenge he's after ... it's the reckoning." | |||
|
Administrator |
With that sort of attitude, why is he still a game warden then? | |||
|
one of us |
Good union. In most states having a bad altitude is not enough to get one fired. | |||
|
Administrator |
I can assure here if a law enforcement person gets more than one complaint against him he gets to answer questions. And if his behavior continues he gets fired! | |||
|
Powered by Social Strata | Page 1 2 3 4 5 6 7 |
Please Wait. Your request is being processed... |
Visit our on-line store for AR Memorabilia