Court upholds warrants for F&W officers

[Jimmy]

Evidently, the best thing you can do is take off running.

Start humming to yourself "bad boys, bad boys, whatcha gonna do when they come for you..."

Maybe you get caught. Maybe he's laughing so hard you get away. It's a coin toss

 

[TSAMP]

Evidently, the best thing you can do is take off running.

Start humming to yourself "bad boys, bad boys, whatcha gonna do when they come for you..."

Maybe you get caught. Maybe he's laughing so hard you get away. It's a coin toss

One time in my single nightclub days I was outside with a buddy who was vomiting in bushes and a cop comes walking up to investigate and I hit him with a " what seems to be the officer, problem?" And he promptly shook his head and went the other way.

 

[Jason Snyder]

One time in my single nightclub days I was outside with a buddy who was vomiting in bushes and a cop comes walking up to investigate and I hit him with a " what seems to be the officer, problem?" And he promptly shook his head and went the other way.

A simple welfare check?

 

[TSAMP]

A simple welfare check?

Yes certainly. I got distracted by the cops reference. Let's get back on track.

 

[jjohnsonElknewbie]

One time in my single nightclub days I was outside with a buddy who was vomiting in bushes and a cop comes walking up to investigate and I hit him with a " what seems to be the officer, problem?" And he promptly shook his head and went the other way.

When I was puking behind a dumpster behind a bar, I promptly got cuffed and stuffed for public intox, after we moved the dumpster back to where it belonged. A simple welfare check would've been nice. LOL!

 

[maxx075]

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.

A lot of people see exercising your rights as a sign of guilt. This includes some of the ignorance in this thread and from authority in general.

 

[Andrew12gauge]

If he does it long enough he'll start getting paid ludicrous amounts of overtime so he's fine to be there all night.

I think this is a horrible mindset to have. We should all care about our rights. Would you be cool with a cop grabbing your phone and going through your private text messages because you have nothing to hide?

No, but I’ve also not willingly bought and signed a document that says I’m allowing a police officer to search me


Sent from my iPhone using Tapatalk

 

[mike.adams.467]

Did you see the George Floyd video?

Bad example.

 

[jayhawk]

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.

Thanks for sharing this. I wonder how that applies to things like license checks. Warden has no reason to believe you’re doing something wrong, but they still have the authority to stop and ask to see your license if you appear to be hunting or fishing.

 

[Dos Perros]

Bad example.

Alright. Let's only consider the data we like.

 

[Rich M]

We have 3 types of folks on here.

1 - trusts GW completely
2 - doesn't trust GW completely
3 - just wants to be left alone

 

[Crowmangler]

Thanks for sharing this. I wonder how that applies to things like license checks. Warden has no reason to believe you’re doing something wrong, but they still have the authority to stop and ask to see your license if you appear to be hunting or fishing.

I don't think checking for a license is anywhere close to the objections we have listed in the other examples.
Let's say I'm standing in a trout stream with a pole in my hand and fish on my stringer or I'm 5 miles in the backcountry with a bow in hand ripping a bugle.
I'm actively participating in something that requires me to have a license and I would expect to be asked to produce it by a GW

 

[isItFallYet]

Alright. Let's only consider the data we like.

Too many variables to be relevant.

Edit: Before your objection, note the number of prior arrests/convictions. (If a perp has multiple prior poaching violations, then probable cause is probably warranted).

Also, being high on fentanyl also adds complexity to the circumstances for ol’ Floyd.

 

[isItFallYet]

We have 3 types of folks on here.

1 - trusts GW completely
2 - doesn't trust GW completely
3 - just wants to be left alone

1 (minus completely), but also 3.

 

[Billogna]

I don't think checking for a license is anywhere close to the objections we have listed in the other examples.
Let's say I'm standing in a trout stream with a pole in my hand and fish on my stringer or I'm 5 miles in the backcountry with a bow in hand ripping a bugle.
I'm actively participating in something that requires me to have a license and I would expect to be asked to produce it by a GW

The issue with this is that the activity in and of itself is LEGAL. Its like police officers making traffic stops to check for a valid drivers license. The assumption being that you ARE in fact breaking the law when they have not witnessed you breaking one. I think this is what bothers most people.

 

[isItFallYet]

The issue with this is that the activity in and of itself is LEGAL. Its like police officers making traffic stops to check for a valid drivers license. The assumption being that you ARE in fact breaking the law when they have not witnessed you breaking one. I think this is what bothers most people.

I thought about something similar in regards to game checks on the highway.

 

[mtwarden]

If you don't want game wardens checking you in the field or that you have to stop at check stations (or any other objections), get ahold of your local legislator and get the laws changed.

We've been lucky in Montana—hunters helped us pass a felony possession statute (took several attempts); they have overwhelmly pushed to see our fines and restitutions for violations go up; they have been supportive of increasing game warden pay and the list goes on and on. Many of the changes in our laws were directly changed by hunters—most of the fair chase stuff- radio use, drone use, etc. I feel fortunate for all of their past and continued support.

Appears other states don't have that support.

 

[EdP]

Regarding the license check question, I don't think the ruling is applicable. The legal question was about CO's going on private land without just cause in an attempt to find and gather evidence of a crime. A license check on public land or wild/waste land when a license is required is a different matter.

 

[isItFallYet]

If you don't want game wardens checking you in the field or that you have to stop at check stations (or any other objections), get ahold of your local legislator and get the laws changed.

We've been lucky in Montana—hunters helped us pass a felony possession statute (took several attempts); they have overwhelmly pushed to see our fines and restitutions for violations go up; they have been supportive of increasing game warden pay and the list goes on and on. Many of the changes in our laws were directly changed by hunters—most of the fair chase stuff- radio use, drone use, etc. I feel fortunate for all of their past and continued support.

Appears other states don't have that support.

I think check stations could be mitigated by enforcing mandatory harvest reporting, like many states do. It would also eliminate the need for post season harvest surveys.

FTR, as a law abiding sportsman, I don’t have an issue with check stations per se.

 

[Rich M]

1 (minus completely), but also 3.

We gotta co-exist and they do keep stuff contained. Just wanna do my thing w/out some guy fishing around in my stuff.

I been stung good a couple times for no reason and the scars are still tender. I wouldnt piss on those individuals to put out a fire. And yet no tickets, no warnings, no violations. Go figure.