Court upholds warrants for F&W officers

[Rich M]

When started reading this thread, was wondering how long before someone would say - nothing to worry about if you aren't doing anything wrong... LoL!

Anyone who has been hunting/fishing for a while has GW stories. Some good, some bad. The bad ones tend to stick with you for a long, long time.

They are starting to use drones down here from what I've heard. Some guy was fish poaching and GW knew exactly where the fish fillets were, said had him filmed with drone. true - not true? Seems viable.

Anyway - spend some time watching the game warden shows. Behind a lot of the fluff you will see that they like to watch people from a distance for a while before they stop by to chat, and USUALLY are responding to a complaint or report. Seems like other hunters are the least forgiving of the bunch - he beat me to the best spot and had to do something wrong, LEO will find out what it is!

As for the dogs - we have a 2-day red snapper season on the Atlantic coast and they don't ask - when you pull up your boat to the public landing, the GW comes over and the dog goes in - folks get in trouble if they don't let the dog go thru. (Pretty stupid for some folks to take drugs and such out on this big 2-day fishing holiday we have - you know yer gonna get checked 1-2-3 times.)

We usually wave at folks when boating and GW is no different. Seems like if you wave, you are less likely to get checked.

 

[TaperPin]

Last year about this time, I was walking around on my Wyo property where my cabin is at. About midmorning the WGF truck happened to drive by on the county road - and I waved.

At the time I didnt have my driveway in, but he slowed down and then pulled into my neighbors driveway, drove thru their property to get to my cabin.

Asked me some questions and even asked for my phone number.

Now why would he do that? Just based on a wave...

Most game wardens I’ve known or met are great guys. In addition to dealing with a holes pushing boundaries to every game law on the books, they also look out for people that live in rural areas and are often the first ones to see all sorts of crazy stuff. At any given time they know about a large number of fishy things going on in their area, as do all law enforcement. Teenagers, or adults acting like teenagers have been breaking into rural properties since before door locks were invented - if he knows your number and something happens you might want to know about, it’s win win if he can get ahold of you easily.

 

[Rich M]

Most game wardens I’ve known or met are great guys. In addition to dealing with a holes pushing boundaries to every game law on the books, they also look out for people that live in rural areas and are often the first ones to see all sorts of crazy stuff. At any given time they know about a large number of fishy things going on in their area, as do all law enforcement. Teenagers, or adults acting like teenagers have been breaking into rural properties since before door locks were invented - if he knows your number and something happens you might want to know about, it’s win win if he can get ahold of you easily.

They are definitely in the know and I also see an advantage in trading phone numbers with the local GW.

 

[Dos Perros]

Sure. What mechanism would prevent them from talking to him?

Wait, do you see it that the government can do whatever it wants except for the stuff it can't?

Or that the government can only do the stuff it can do?

 

[180ls1]

Wait, do you see it that the government can do whatever it wants except for the stuff it can't?

Or that the government can only do the stuff it can do?

Neither.

Please answer my question.

 

[cnelk]

They are definitely in the know and I also see an advantage in trading phone numbers with the local GW.

Funny. There definitely wasnt any 'trading' of numbers

 

[Dos Perros]

Neither.

Please answer my question.

How can it be neither?

 

[TaperPin]

I always found the game wardens in Wyoming to be on our side - of course they make contact with people - that’s part of their job if you wave or not. Usually we end up talking about hunting in the area and over the years I’ve received some great hunting info.

I never understand the anti law enforcement paranoia.

 

[Dos Perros]

I never understand the anti law enforcement paranoia.

Did you see the George Floyd video?

 

[180ls1]

How can it be neither?

Because I wasn't addressing your tangential question.

I addressed your argument that my statement was incorrect based on the cabin being curtilage.

 

[TaperPin]

Did you see the George Floyd video?

You are afraid of a city cop suffocating you to death?

 

[jmez]

If my bird dog were wrong 80% of the time I'd get a new dog.

Sent from my moto g power 5G - 2023 using Tapatalk

 

[EdP]

That’s the thing, if you’ve nothing to hide you can have a perfectly pleasant interaction with a warden and go on about your day, if you get defensive and start trying to hide things, your day is probably going to be ruined.

In your examples:
1) you offered to let him look in the cooler and at that point he declined
2) his simple questions and your responses gave him no reason to be suspicious so he moved on about his day

I guess the real question, as to the original question about sitting on the side of the road glassing, doing nothing illegal and the warden asks to look in your cooler there are 2 options

1)you say yes, maybe he takes a quick peek and you both go on about your day
2)you say no, now he has reason to be suspicious that you may be hiding something, so he starts making calls to try and get a warrant, in the meantime he likely isn’t going to leave your side so your day is pretty well ruined until he does get that warrant

I would pick option 1 every time


Sent from my iPhone using Tapatalk

In this situation, nothing of issue in the cooler, I would take the cooler out of my vehicle and let the CO look in it. Give permission for the CO to enter your vehicle to "look in the cooler" and you have given permission for the entire vehicle to be searched.

 

[Dos Perros]

You are afraid of a city cop suffocating you to death?

I wouldn't say it's a fear, but it's a reality I am aware of.

 

[IDVortex]

You are afraid of a city cop suffocating you to death?

Id be more worried about egg corns falling.

 

[TaperPin]

This thread is cuckoo for Cocoa Puffs - forget I was here and carry on.

 

[TSAMP]

If my bird dog were wrong 80% of the time I'd get a new dog.

Sent from my moto g power 5G - 2023 using Tapatalk

You ever do the math though? Mine are getting a C at best

 

[Crowmangler]

If my bird dog were wrong 80% of the time I'd get a new dog.

Kristi, is this you?

 

[EdP]

Here is a link to the ruling: https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/RainwatersTerryOPN.pdf

The court determined that the statute is constitutional because it has valid applicability (to wild or waste land areas) but that the way TWRA applied the statute was unconstitutional because the lands in question were not wild or waste lands.

What I find bothersome is the following TWRA position:
"Officers enter private property, sometimes conceal themselves there upon, and look for violations of wildlife laws. In determining which properties to enter to investigate suspected violations of hunting laws, TWRA officers sometimes rely on having previously seen hunters on the property, on word of mouth, or on listening for shots. TWRA officers also enter upon and cross property not under investigation to reach land they intend to investigate. The TWRA indicates its officers investigate property for suspected hunting violations when they have reason to believe that hunting activity is occurring or has occurred."

The TWRA asserts that its officers have “the statutory authority to go upon any property, outside of buildings, posted or otherwise, in the performance of . . . their duties to enforce wildlife laws.”

It appears that the act of participating in hunting makes a person suspect of criminal activity in the minds of TWRA and no warrant was required. The court did not agree.

I hope this ruling drives changes in other states with the same attitude displayed by TWRA, either on the initiative of those states or in response to similar law suits.

 

[Jason Snyder]

People should know their rights.

People should exercise their rights.

People should be educated enough on the law that they don’t misstate false information on the internet.

There is some really uneducated and ignorant stuff floating around this thread.