I do believe that under the Constitution they can be treadiing on thin ice at times.

By the way, the car has limits on searchability too even for the police, they still need cause as well. Pulling one over for doing 5 over does not automatically give them a right to search anything and everything...case law is complicated as to what works and what does not.

Can wardens search broadly? Yes!

The kicker is whether anything seized would be admissable in a court case. If there is no cause for the personal invasion, then there is a liklihood that anything seized could also be invalidated as evidence. This would be most applicable to home searces.

Now when they ask to search something and you say yes or open the cooler...then we have consent. So do you say no and try to force there hand? If one is violating, then you have the catch 22 of just admitting your illegality or forcing their hand and watch them come after you guns blazing (metaphor).

So, technically, they don't don't have unfetterd power, but practically they do as a result of most people's reactions and to their authority!

Robbf213 - I believe the quote you quoted was referencing a post by Ken Gaby further up in the thread that stated the police, lacking a warrant or the ability to get a warrant can call a Game Warden who can perform a warrantless search for no other reason than the person is a Game Warden.

I agree with you, it does not happen. Game Wardens, regardless of the powers that many people like to believe they have, cannot just walk up to a house, enter the house and perform a search. Think about that for just a minute. If a Game Warden could do that, they could start at the beginning of the block and go thru everyone's house on the block for no reason. That is called a "POLICE STATE" which the USA is not.

For some reason many people have developed myths about Game Wardens's Search and Seizure powers as stated above regarding having Game Wardens perform a search when the police cannot get a warrant.

Parks and Wildlife Code Section 12.102 (enacted in 2003) gives Game Wardens "inspection" powers above and beyond other leo's in some circumstances. However the statute specifically excludes residences and temporary residences from its reach as well as vehicles on public roadways.

With all that said, I agree with the first poster, I do not like the Game Wardens being able to board and search my boat without probable cause. Just because I like to fish does not mean I give up my 4th Amendment rights, but until the laws are changed it is something fishermen and hunters will have to tolerate. The statute mentioned above has already been challenged in court and was found to be constitutional. And it is not likely to get changed anytime soon.

GMB

Well, this has been pretty interesting and informative. I did not know they had such broad powers, esp wrt search. Two interesting things come to mind:

1) I just finished bank fishing and was walking towards my car with rods in hand. It was a long walk and no way he could have seen me *in the act of fishing*. Nevertheless, he asked to see my license. According to the regulations just posted, since I was not *in the act of fishing*, that's not allowed, right?

2) I was pier fishing and a GW just walked up and opened everyone's cooler. He didn't say anything, just walked around and looked in everyone's cooler. No questions, no consent, nada. Again, a little strange......

Still, I am thankful that GWs are out and around enforcing the laws.

A person MUST be engaged in a hunting or fishing activity before a search without a warrant. If a game warden goes with any other peace officer, and the person of interest is not engaged in a hunting or fishing activity, a warrant MUST be obtained. A game warden usually accompanies other LE because they are usually the only trained investigators in the area.

Wooly, read the below again....you were walking back to your car, rods in hand, from a fishing hole. What Game Warden or even normal person would not believe that you had been engaged in an activity goverened by the TPWD code?

INSPECTION AUTHORITY: A game warden who observes a person engaged in an activity governed by the Texas Parks and Wildlife Code or reasonably believes that a person is or has been engaged in such an activity may inspect:
any license, permit, tag, or other document issued by the department and required by the Texas Parks and Wildife Code of a person hunting or catching wildlife resources;
any device that may be used to hunt or catch a wildlife resource;
any wildlife resource in the person's possession; and
the contents of any container or receptacle that is commonly used to store or conceal a wildlife resource.
The full text of this law may be found in the Texas Parks and Wildlife Code, �12.102 or call TPWD at (800) 792-1112 (press 9, then 4381).

On the issue of walking back to your car, I think it actually reads that if the GW observes you in the act or reasonably believes that you were fishing, like carrying your fishing rods, he can as for your license.

Anything found or seized in a random walk by cooler search on a pier would be an unconstitutional seizure absent some other cause giving him reason to search.

Doesn't need to see you, just has to be able to articulate a probable reason that indicates a possibility of you being in a position to have possession of illegal game. A Bassmaster's sticker in proximity to water would be enough.


Don't need to ask permission. And typically this is normal on a pier. They aren't being sneaky or anything - they just have to check a lot of people, figure you know what there doing, and just don't want to make it anymore of a pain for anybody than is absolutely necessary.

A Bassmaster sticker on my truck in proximity to water is reason to search me? I can just hear the court room discussion now:

.......your honor the gentleman was pulling out of Albertson's in Lewisville which is in the proximity of Lake Lewisville and the vehicle he was driving had a Bassmaster sticker on his bumper, which indicated the possiblitiy of him being in a position to have possession of illegal game. So I pulled him over and searched his truck. Found some frozen fillets in a Albertson's plastic grocery bag and wrote him a ticket for not having a fishing license. The price sticker on the packaged fillets was a just ruse to throw me off track...............

Folks, Game Wardens are not God Almighty. They have rules and regulations they have to follow just like everyone eles.

GMB

Speaking of GW'S. There is one thing that really ticks me off is @ the Big Bass tournaments on fork the GW will stand @ the end of the stage and write tickets for what they call illegal size fish brought to the scales. That fish is not being harvested and will be put back in the same water it came out of (no difference in catching it, looking at it and putting it back) no difference. I went to school several years ago to be a GW,but i saw through school i was not cut out to be that kind of a chicken s???. To get respect you first show respect and not treat everyone like a kid or idiot. I know they get in some bad situations, but i was a police at the time and i did to, but i still treated good people the way i wanted to be treated. Thats why we are proffessionals.

Thanks again folks for clarifying the PARKS AND WILDLIFE CODE
Sec. 12.104. RIGHT TO SEARCH AND INSPECT. It has answered my original question. I hope this thread does not degenerate into GW criticisms. They have a difficult job to do and most of them do it well and to the best of their ability. I actually like it when they check people because I see too many undersized fish kept, untagged bull reds harvested, etc......

interesting

In a house..yes

In a walk by cooler search..no

I'm pretty ignorant in this legal matter..but to stir the pot...I know a good friend that had a stuffed owl..he didn't kill it...he's an old timer...just had it.... game warden got word, came over to his house and arrested him.. this was a while back, before i knew him, so I'm not clear on the details 100%