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Originally Posted by milespatton
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Game wardens have the same legal criteria for search and seizure as any other LEO.


Not in Arkansas. They can search vehicles, camps, boats and most anything except your house, without a search warrant. Looking for illegal game only. They can then tip the others to get a warrant. miles


In La. they can even search you house, without a search warrant, looking for illegal game.



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Originally Posted by EdM
Given the fact that 95+%(?) of Texas is private WTF do game wardens here do other than chase gulf fishermen?


Chase illegals?? Yep, I can't see much that would make TX game wardens that interesting from a game and fish standpoint.

Those guys from Maine warden show are friggen' Nature Nazi's! They go waaay out of their way to [bleep] with people. You couldn't get me to hunt that state (not that they have much to hunt either). These guys seems to be more about writing tickets for speeding on a jet ski or failing to license a snow machine.

The Montana wardens are the most down-to-earth bunch and actually have something to do that is related to hunting and fishing.

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Originally Posted by Oldman03
Originally Posted by milespatton
Quote
Game wardens have the same legal criteria for search and seizure as any other LEO.


Not in Arkansas. They can search vehicles, camps, boats and most anything except your house, without a search warrant. Looking for illegal game only. They can then tip the others to get a warrant. miles


In La. they can even search you house, without a search warrant, looking for illegal game.



You guys are being lied to.

This is typically accepted as fact in Texas as well.

The 4th Amendment isn't optional. If a game warden asks to search something you can say no.



Dave


Originally Posted by Geno67
Trump being classless,tasteless and clueless as usual.
Originally Posted by Judman
Sorry, trump is a no tax payin pile of shiit.
Originally Posted by KSMITH
My young wife decided to play the field and had moved several dudes into my house
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Campfire Kahuna
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All searches by game wardens must comply with the 4th amendment.

Quote
Search with or without Warrant

The laws in many U.S. states allow game wardens to conduct certain types of searches with or without search warrants. The law in Louisiana for instance states in part "...any commissioned wildlife agent may visit, inspect, and examine, with or without [a] search warrant, records, any cold storage plant, warehouse, boat, store, car, conveyance, automobile or other vehicle, airplane or other aircraft, basket or other receptacle, or any place of deposit for wild birds, wild quadrupeds, fish or other aquatic life or any parts thereof whenever there is probable cause to believe that a violation has occurred. Commissioned wildlife agents are authorized to visit or inspect at frequent intervals without the need of search warrants, records, cold storage plants, bait stands, warehouses, public restaurants, public and private markets, stores, and places where wild birds, game quadrupeds, fish, or other aquatic life or any parts therof may be kept and offered for sale, for the purpose of ascertaining whether any laws or regulations under the jurisdiction of the department have been violated.... "The laws in other states may grant more or less search and seizure authority. These exceptions granted to game wardens are still considered to fall within the constitutional limits of search and seizure as outlined in the U.S. Constitution."


The key is probable cause. Without it, they can't do anything.

Residences are not included in the above...


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Originally Posted by milespatton
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i know there has been times other leo call them in to get into someones house.


Wardens must have a warrant, here, to search your house, but it is easier to get one from a Judge than for an Leo to get one. Criteria is easier for the Warden, and then if He sees anything the Leo can get a warrant on the wardens information, while the warden keeps an eye on things. miles


They need PC. Same as any other entity trying to obtain a warrant.



Dave


Originally Posted by Geno67
Trump being classless,tasteless and clueless as usual.
Originally Posted by Judman
Sorry, trump is a no tax payin pile of shiit.
Originally Posted by KSMITH
My young wife decided to play the field and had moved several dudes into my house
IC B2

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Originally Posted by deflave
Originally Posted by Oldman03
Originally Posted by milespatton
Quote
Game wardens have the same legal criteria for search and seizure as any other LEO.


Not in Arkansas. They can search vehicles, camps, boats and most anything except your house, without a search warrant. Looking for illegal game only. They can then tip the others to get a warrant. miles


In La. they can even search you house, without a search warrant, looking for illegal game.



You guys are being lied to.

This is typically accepted as fact in Texas as well.

The 4th Amendment isn't optional. If a game warden asks to search something you can say no.



Dave


Try again, Dave...

"34. Examine, without a warrant as provided by law, any vehicle, creel, land or water conveyance, fish box, cooler, game bag or any other place where evidence of a crime may be hidden or transported whenever there is reason to believe that a violation of state law has been committed."

The law in Louisiana for instance states in part "...any commissioned wildlife agent may visit, inspect, and examine, with or without [a] search warrant, records, any cold storage plant, warehouse, boat, store, car, conveyance, automobile or other vehicle, airplane or other aircraft, basket or other receptacle, or any place of deposit for wild birds, wild quadrupeds, fish or other aquatic life or any parts thereof whenever there is probable cause to believe that a violation has occurred. Commissioned wildlife agents are authorized to visit or inspect at frequent intervals without the need of search warrants, records, cold storage plants, bait stands, warehouses, public restaurants, public and private markets, stores, and places where wild birds, game quadrupeds, fish, or other aquatic life or any parts therof may be kept and offered for sale, for the purpose of ascertaining whether any laws or regulations under the jurisdiction of the department have been violated...."[4] The laws in other states may grant more or less search and seizure authority. These exceptions granted to game wardens are still considered to fall within the constitutional limits of search and seizure as outlined in the U.S. Constitution."


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Originally Posted by Oldman03


Try again, Dave...

"34. Examine, without a warrant as provided by law, any vehicle, creel, land or water conveyance, fish box, cooler, game bag or any other place where evidence of a crime may be hidden or transported whenever there is reason to believe that a violation of state law has been committed."

The law in Louisiana for instance states in part "...any commissioned wildlife agent may visit, inspect, and examine, with or without [a] search warrant, records, any cold storage plant, warehouse, boat, store, car, conveyance, automobile or other vehicle, airplane or other aircraft, basket or other receptacle, or any place of deposit for wild birds, wild quadrupeds, fish or other aquatic life or any parts thereof whenever there is probable cause to believe that a violation has occurred. Commissioned wildlife agents are authorized to visit or inspect at frequent intervals without the need of search warrants, records, cold storage plants, bait stands, warehouses, public restaurants, public and private markets, stores, and places where wild birds, game quadrupeds, fish, or other aquatic life or any parts therof may be kept and offered for sale, for the purpose of ascertaining whether any laws or regulations under the jurisdiction of the department have been violated...."[4] The laws in other states may grant more or less search and seizure authority. These exceptions granted to game wardens are still considered to fall within the constitutional limits of search and seizure as outlined in the U.S. Constitution."


All that states is that they have the same search and seizure capability as any other crackah ass eatin' crackah.





Dave


Originally Posted by Geno67
Trump being classless,tasteless and clueless as usual.
Originally Posted by Judman
Sorry, trump is a no tax payin pile of shiit.
Originally Posted by KSMITH
My young wife decided to play the field and had moved several dudes into my house
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Campfire Kahuna
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Any search a warden does has to meet the same criteria that a search warrant has.

If a challenge to the search is presented in a court of law, the probable cause is the same as if a search warrant had to obtained.

The reason some states allow search of certain facilities or containers is that the fruits of the crime may be moved before a warrant is obtained. But probable cause criteria remains the same.


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The probable cause part, I agree with, or at least that is my experience.

But, I know for a fact that a game warden in La. can come into your house and search for illegal game, without a warrant.

I also know for a fact that this has been upheld in federal court in Shreveport, La. (Guy I know got caught with a bunch of ducks and his neighbor turned him in). State wardens wrote the ticket, but the guy had to go to federal court.

My FIL was a game warden and I have been with him when he searched for illegal (killed out of season) deer, at a home, without a search warrant. He did have a deputy with him at the time, because my FIL didnt carry a gun.

You can say what you want, but in La., it's legal. If you dont think so, come on over and try it out.


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Quote
You can say what you want, but in La., it's legal. If you dont think so, come on over and try it out.


Same in Arkansas. Constitutional is according to the men in robes, that kinda make up part of it as they wish. miles


Look out for number 1, don't step in number 2.
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Yeah. No-knock entries (sans warrant mind you) for too many ducks.

I'd love to see that trial.




Dave


Originally Posted by Geno67
Trump being classless,tasteless and clueless as usual.
Originally Posted by Judman
Sorry, trump is a no tax payin pile of shiit.
Originally Posted by KSMITH
My young wife decided to play the field and had moved several dudes into my house
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Game warden, traffic cop, or customs agent - if you don't break the law and don't tell them lies, you have nothing to worry about.

I got caught shooting at a duck a few minutes after legal time once. I did it, knew it was wrong, and he caught me. Simple as that. I didn't lie, and he cut me a little slack on it. That helped a little with the fine, IIRC.


Cleverly disguised as a responsible adult.

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Over here in Poland, the wardens took to sneaking in and crashing through your ice fishing shelter door unannounced.

The whole "surprise!" tactic was in attempt to try to catch someone doing something illegal inside the ice fishing house.

That all came to an end a few years back when fishermen learned and spread the word that you don't have to let them in.

Now they knock and ask to enter.


Something clever here.

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They can search more often without a warrant because they can more frequently make the exception of exigent circumstances.

Perry

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Down here they'll step out into your shooting lane and announce they're coming up to your blind. Why don't they put on a trumpet fanfare while they're at it?

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I like when they knock, it gives me enough time to get naked before I let them in the ice fishing house.


Something clever here.

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Originally Posted by northern_dave
I like when they knock, it gives me enough time to get naked before I let them in the ice fishing house.


Aren't you usually naked already?

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Shrap tells my favorite warden story.

It involves a man and his son on a drift boat in the middle of a river and a warden snooping and pooping from shore.

He realizes he has been seen and steps out from behind cover to exclaim that he needs to see their licenses and orders them ashore.

The man responds from the boat "Nah. You swim to us." And the boat keeps floating downriver while the man and the son laugh, and the warden stands on shore like a dope.




Dave


Originally Posted by Geno67
Trump being classless,tasteless and clueless as usual.
Originally Posted by Judman
Sorry, trump is a no tax payin pile of shiit.
Originally Posted by KSMITH
My young wife decided to play the field and had moved several dudes into my house
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The TV is full of these types of shows and the demand from the viewing public is great. Stop watching this crap and it may go away!

Ps state game laws are not restricted by your property line

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Are you just going to hold that or are you going to fish?


I love that joke...

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