I will second that! If you have nothing to hide, you have no worries.

It's scary how many folks think that it's smart to allow government to check their papers without suspicion of any wrongdoing. "I've got nothing to hide" is a poor rationale.

If a police officer witnesses somebody poaching-absolutely, go get 'em.

But just stopping someone to check their papers smacks of Nazi Germany. The argument you might find a wanted criminal could apply to anyone walking down the street.

Many municipalities have officers assigned to lake patrol. All they have to do is pick up a book a read the laws that pertain to fishing and hunting. Game Wardens enforce laws other than fish and game. They'll make traffic stops and arrests on highways also. If the state did not want the laws enforced by any or all law enforcement officers, they could have written it in a way to only allow game wardens but they didn't, for a reason. As far as revenue for the city, be legal and it doesn't matter. Local police are a little more trained to ask for ID when they talk to someone and are usually more interested in something a little more important such as warrants than actually caring about the fishing license. You'd have a greater chance of getting a warning from them than a game warden.

he can and is probably required to enforce on property.

I have mixed emotions. Personally, I believe we should take cops off of traffic duty and put them on game/water/forest/park patrol. Traffic cops are nothing more than tax collectors for an over reaching government. Their only purpose is to collect money or arrest people who don't pay; not to keep us safe or protect us. Game Wardens and Park Police I respect and support. They protect our resources, and there should be more of them.

So nobody would enforce the traffic laws and speedlimits?

I know there are a lot of people who ignore them already, and a lot of people feel the same as you do, but there has to be a little bit of a deterent.
Too many people already feel that the traffic laws are meant for the other guy!

So if an LEO knocks on your door and wants to search your house, just because he wants to, are you going to comply because you have nothing to hide?

GMB

It's my understanding that a Game Warden can do just that to check your freezer with probable cause without a warrant. Correct me if I'm wrong.

I hear that a lot, that a Game Warden has powers that supersede the U.S. Constitution. Search a home without a warrant? I would like to see the statute that gives them that authority. I find that hard to believe. What I find even more amazing is the number of folks that would support that if it is in fact true.

I do not think there is a game warden, wildlife officer, any other law enforcement officer, federal law, state law, local ordnance, park rule, camping regulation or employee of any branch of the government that supersedes the 4th Amendment to the U.S. Constitution prohibiting unlawful search and seizure.

GMB

Well I just had to go look up the statute myself since I keep hearing about the extraordinary powers that a Texas Game Warden has. The statute specifically prohibits a Game Warden from searching a Residence, Temporary Residence or a vehicle on a publicly maintained road. I do realize if they had a Search Warrant they could search these areas, but not without a warrant.



SUBCHAPTER B. ENFORCEMENT POWERS


Sec. 12.101. DEFINITIONS. In this subchapter:

(1) "Aircraft" means a device, including an airplane, ultralight airplane, or helicopter, that can be used for flight in the air.

(2) "Contraband" means:

(A) an aircraft, vehicle, firearm, or other device used to commit a violation of Subchapter G, Chapter 43, of this code or a regulation of the commission adopted under that subchapter;

(B) a vessel that is not documented by the United States Coast Guard or registered as provided by Chapter 31 and that is used to commit an offense under Section 66.006 of this code;

(C) equipment, including a vessel, seized as provided by Section 66.2011 of this code; or

(D) any aircraft or vessel used to commit a second or subsequent offense under Section 61.022, 62.003, 62.004, or 62.005.

(3) "Vessel" means watercraft, including an attached motor, that can be used for transportation on water.


Added by Acts 1995, 74th Leg., ch. 966, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1999.





Sec. 12.102. INSPECTION OF WILDLIFE RESOURCES. (a) In this section:

(1) "Residence" means a person's principal or ordinary home or dwelling place.

(2) "Temporary residence" means a place where a person temporarily dwells or seeks shelter. The term does not include a hunting blind. The term does include a:

(A) hunting club or lodge;

(B) clubhouse;

(C) cabin;

(D) tent;

(E) manufactured home used as a hunting club or lodge; and

(F) hotel room, motel room, or room in a boardinghouse used during a hunting trip.

(3) "Wildlife resource" means any animal, bird, reptile, amphibian, fish, or form of aquatic life or any part of an animal, bird, reptile, amphibian, fish, or form of aquatic life the hunting, catching, or possession of which is regulated by this code.

(b) Except as provided by Subsection (d), a game warden or other peace officer commissioned by the department who observes a person engaged in an activity regulated by this code or under the jurisdiction of the commission or reasonably believes that a person is or has been engaged in an activity regulated by this code or under the jurisdiction of the commission may inspect:

(1) any license, permit, tag, or other document issued by the department and required by this code of a person hunting or catching wildlife resources;

(2) any device that may be used to hunt or catch a wildlife resource;

(3) any wildlife resource in the person's possession; and

(4) the contents of any container or receptacle that is commonly used to store or conceal a wildlife resource.

(c) Except as provided by Subsection (d), a game warden or other peace officer commissioned by the department may inspect any wildlife resource that has been taken by a person and is in plain view of the game warden or other peace officer.

(d) Nothing in this section authorizes a game warden or other peace officer commissioned by the department to conduct a search otherwise authorized by this section:

(1) in a person's residence or temporary residence; or

(2) on a publicly maintained road or way that is:

(A) improved, designed, or ordinarily used for vehicular traffic;

(B) open to the public; and

(C) distinguishable from a shoulder, berm, or other area not intended for vehicular traffic.


Added by Acts 2003, 78th Leg., ch. 558, Sec. 1, eff. Sept. 1, 2003.

I think the no license needed in a state park is only if the body of water is entirely inside the boundaries of the state park, I could be wrong.
Those game warden notes are a hoot sometimes.

You are correct

Thanks for looking it up.

I to am floored by the number of folks who would allow a peace officer to search them without probable cause. Ben Franklin said something along these lines, "Those who would give up individual freedoms in exchange for safety deserve neither freedom nor safety. I agree with the old man completely. I am no sheep.

I agree. There are far to many people who willing give up their rights just because someone wants to "check them out" in the name of public safety and make "sure" that they are "good" people. The Constitution was not written to protect the state from the people but to protect the people from the state. Over the last 240 years, hundreds of thousands of good men and women have died to protect the very freedoms that we enjoy. The right to walk down the street and not have to justify why you're there or what you're doing there. The right to visit a different neighborhood and not have to show papers like has been required in other countries.

I'm all for law enforcement doing a good job and getting the bad guy off the streets but not by destroying the Constitution in doing so. The desire of the police to rid the world of bad guys does not over ride the Constitutional rights all of us enjoy. When people simply show ID because you have "nothing to hide", you are giving away your right of innocent until proven guilty to I must prove I'm innocent or they will assume I'm guilty. Once the Constitution is gone, what's left to protect us?

I saw a split picture about 6 months ago that is truly revealing. It was a caption of 2 police officers. On the left side of the page there was an eighty's era cop with a .38, handcuffs, and a smile. He was there to help. On the right side there was a cop with full body armor, balaclava (for hiding the face), MP5, taser, etc..... He was there to kick your door in. The simple caption was: What the heck happened?

I can tell you what happened, too many people have decided to just simply follow orders and not question authority because they have nothing to hide.