Forums59
Topics1,059,160
Posts14,314,892
Members144,646
|
Most Online39,925 Dec 30th, 2023
|
|
Game Warden right to check and search??
#5685230
01/07/11 01:53 PM
|
Joined: May 2006
Posts: 6,578
Woolybugger
OP
TFF Celebrity
|
OP
TFF Celebrity
Joined: May 2006
Posts: 6,578 |
Something I've always wondered... why does a game warden have the right to check your license, open your cooler, check the stringer when you're just minding your own business bank fishing? I mean, even cops don't pull you over or come up to you at a stop sign and ask to see license, insurance and check inspection sticker. That would be a 4th amendment issue, wouldn't it? Don't get me wrong, I think it's great that GWs check these things because I see far too many folks keeping undersized fish and over limits.
If you thought healthcare was expensive, ... wait until it's free
|
|
Re: Game Warden right to check and search??
[Re: Woolybugger]
#5685280
01/07/11 02:09 PM
|
Joined: Oct 2004
Posts: 16,925
SheldonS
TFF Guru
|
TFF Guru
Joined: Oct 2004
Posts: 16,925 |
I believe it's called implied consent or something like that. Would be a good question to ask a game warden at the dallas fishing show if you go.
|
|
Re: Game Warden right to check and search??
[Re: SheldonS]
#5685320
01/07/11 02:21 PM
|
Joined: Jan 2009
Posts: 50,433
fouzman
Methuselah
|
Methuselah
Joined: Jan 2009
Posts: 50,433 |
Here's the law regarding search by Game Wardens straight from TPWD's website.
General Law The following information addresses some of the more commonly asked questions about hunting and fishing requirements and restrictions. For additional information not included in this guide, contact your local game warden or phone the Texas Parks and Wildlife Department (TPWD) toll free at (800) 792-1112.
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). Personal Identification: While hunting, fishing or trapping, persons 17 years of age or older must carry on their person a driver's license or personal identification certificate issued by the Texas Department of Public Safety. Non-residents must carry similar documents issued by the agency in their state or country of residence that is authorized to issue driver's licenses or personal identification certificates. Possession Limit: For all wildlife resources taken for personal consumption and for which there is a possession limit, the possession limit shall not apply after the wildlife resource has reached the possessor's permanent residence and is finally processed. Special regulations and documents are required for the transfer and importation of wildlife resources (see Transfer of Wildlife Resources). Waste of Game: It is an offense (Class C misdemeanor) if a person while hunting kills or wounds a game bird or game animal and intentionally or knowingly fails to make a reasonable effort to retrieve the animal or bird and include it in the person's daily or seasonal bag limit. It is an offense if a person intentionally takes or possesses a game bird, game animal, or fish and intentionally, knowingly, or recklessly, or with criminal negligence, fails to keep the edible portions of the bird, animal, or fish in an edible condition. It is a Class A misdemeanor to fail to retrieve or to keep in an edible condition a whitetail or mule deer, pronghorn antelope, or desert bighorn sheep hunted without landowner consent; from a vehicle, boat, or aircraft; on a public road; at night; or with the aid of a light. Retrieval of Game: No person may pursue a wounded wildlife resource across a property line without the consent of landowner of the property where the wildlife resource has fled. Under the trespass provisions of the Penal Code, a person on a property without the permission of the landowner is subject to arrest. Harassment of Hunters, Trappers, or Anglers (Sportsmen's Rights Act) is punishable by a fine of $200 to $2000 and/or 180 days in jail. It is unlawful to: take, attempt to take, or possess wildlife resources within a protected length limit, in greater numbers, by other means, or at any time or place, other than as indicated within this guide. store, transport, or abandon an unsecured loaded firearm in a place where children can obtain unsupervised access to the firearm. A person under age 17 who has lawful access to a firearm may hunt with the firearm if the youth has successfully completed the hunter education course, or is accompanied by a licensed hunter age 17 or older who has complied with the hunter education requirement, if applicable. drive a motor vehicle in the bed of a navigable freshwater stream, unless approved by a local river access plan established by a city, county, or river authority. This law does not apply to the Canadian River and Prairie Dog Town Fork of the Red River. There are other exemptions as well. The full text of this law may be found in Texas Parks and Wildlife Code, Chapter 90. fish on privately owned waters, fish in public water from private land, or hunt on privately owned lands without the permission of the owner or the owner's agent. Under the Texas Penal Code (30.05) it is an offense for any person to enter property that is fenced, posted with a sign(s), or marked (purple paint) without the express permission of the owner. Posts or trees bearing purple paint marking of not less than eight inches in length and not less than one inch in width at not less than three or more than five feet from the ground constitute notice that the property is posted. A person who hunts without landowner consent and kills a desert bighorn sheep, pronghorn antelope, white-tailed deer, or mule deer commits an offense that is a Parks and Wildlife Code state jail felony. Upon conviction, your hunting and fishing license is automatically revoked. You are not required to have a fishing license to fish in private waters in Texas; but, if you are on private property while fishing in public water, a fishing license is required. discharge a firearm on or across a public road.
Coincidence is His way of remaining anonymous.
|
|
Re: Game Warden right to check and search??
[Re: fouzman]
#5685326
01/07/11 02:23 PM
|
Joined: May 2004
Posts: 20,602
Baylor_Guy�
TFF Guru
|
TFF Guru
Joined: May 2004
Posts: 20,602 |
|
|
Re: Game Warden right to check and search??
[Re: Baylor_Guy�]
#5685333
01/07/11 02:24 PM
|
Joined: May 2004
Posts: 20,602
Baylor_Guy�
TFF Guru
|
TFF Guru
Joined: May 2004
Posts: 20,602 |
4th amend doesnt apply to vehicles either
|
|
Re: Game Warden right to check and search??
[Re: Baylor_Guy�]
#5685337
01/07/11 02:25 PM
|
Joined: Nov 2009
Posts: 1,937
Cypress Legend
Extreme Angler
|
Extreme Angler
Joined: Nov 2009
Posts: 1,937 |
Game Wardens are above police. They can enforce local, state and federal laws.
|
|
Re: Game Warden right to check and search??
[Re: Cypress Legend]
#5685386
01/07/11 02:40 PM
|
Joined: May 2007
Posts: 3,740
Ken Gaby
TFF Team Angler
|
TFF Team Angler
Joined: May 2007
Posts: 3,740 |
Game Wardens have the right to search, without a warrant, any property where they believe illegal activity may be taking place. That is why in some situations police or county sheriffs ask game wardens to accompany them when there is suspected illegal drugs involved and they are not able to get a search warrant. Game Wardens are fully commissioned peace officers and can enforce any State law.
|
|
Re: Game Warden right to check and search??
[Re: SheldonS]
#5685399
01/07/11 02:42 PM
|
Joined: Aug 2004
Posts: 616
little fisherman
Pro Angler
|
Pro Angler
Joined: Aug 2004
Posts: 616 |
thats a game wardens job to make sure everyone is following the laws of the state.and how is he going to know if he doesent stop and check you while you are fishing. this came from the tpwd web site.
General Law The following information addresses some of the more commonly asked questions about hunting and fishing requirements and restrictions. For additional information not included in this guide, contact your local game warden or phone the Texas Parks and Wildlife Department (TPWD) toll free at (800) 792-1112.
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).
2009 2500 HD Z71 2004 Skeeter zx20 Bay Boat
Quit Wishin just GO Fishin!!!!!!
|
|
Re: Game Warden right to check and search??
[Re: Ken Gaby]
#5685429
01/07/11 02:51 PM
|
Joined: Feb 2010
Posts: 1,385
Fishbreeder
Extreme Angler
|
Extreme Angler
Joined: Feb 2010
Posts: 1,385 |
Although I completely and wholeheartedly support the efforts of our wardens, the "Unlawful search and seizure" of private property by wardens, to me is unconstitutional.
The use of wardens by the police state to provide for "Probable cause" through the use of game laws, to me is sidestepping the Constitution.
Example, if the warden sees a guy take an off season deer into a home to process it, follows the guy in and finds a meth lab, and calls the state troopers, that is perfectly within the Constitution.
OTOH, the police suspect a meth lab in a house with no probable cause to go look inside and calls the warden to "Check inside" with no real probable cause of violation of game laws, that is unconstitutional.
Of course I'm no lawyer, I'm a biologist, and I support and assist the efforts of both the police and wardens, but also support The US Constitution.
Fishbreeder
|
|
Re: Game Warden right to check and search??
[Re: Fishbreeder]
#5685646
01/07/11 03:41 PM
|
Joined: Nov 2010
Posts: 3,026
Terry Tanner
TFF Team Angler
|
TFF Team Angler
Joined: Nov 2010
Posts: 3,026 |
Everyone has forgot the Constitution and the Police and Game Wardens has forgotten it a long time ago. I'm all about enforcing the law, but do it in a lawfull manner. Just a few months ago i was on a lake out in the middle catching some schooling fish when a Warden flew across the lake, across the schooling fish, bumped up against my boat and wanted to see my fishing license and throw cushion. I ask him if all of that was neccesary that he could have checked me out after i left this fishing spot, but he did'nt say anything. After he left i did'nt catch another fish. After he left my dad being an elderly man said that was an a?? hole and that was an under statement of what i thought.
|
|
Re: Game Warden right to check and search??
[Re: Fishbreeder]
#5686168
01/07/11 05:41 PM
|
Joined: Apr 2009
Posts: 93
robbf213
Outdoorsman
|
Outdoorsman
Joined: Apr 2009
Posts: 93 |
Although I completely and wholeheartedly support the efforts of our wardens, the "Unlawful search and seizure" of private property by wardens, to me is unconstitutional.
The use of wardens by the police state to provide for "Probable cause" through the use of game laws, to me is sidestepping the Constitution.
Example, if the warden sees a guy take an off season deer into a home to process it, follows the guy in and finds a meth lab, and calls the state troopers, that is perfectly within the Constitution.
OTOH, the police suspect a meth lab in a house with no probable cause to go look inside and calls the warden to "Check inside" with no real probable cause of violation of game laws, that is unconstitutional.
Of course I'm no lawyer, I'm a biologist, and I support and assist the efforts of both the police and wardens, but also support The US Constitution. Your example is ridiculous because police don't and can't ask a game warden to go "check inside" because them can't get a warrant. Doesn't happen.
|
|
Re: Game Warden right to check and search??
[Re: Woolybugger]
#5686195
01/07/11 05:47 PM
|
Joined: Oct 2004
Posts: 38,822
KingwoodCat
TFF Guru
|
TFF Guru
Joined: Oct 2004
Posts: 38,822 |
Something I've always wondered... why does a game warden have the right to check your license, open your cooler, check the stringer when you're just minding your own business bank fishing? I mean, even cops don't pull you over or come up to you at a stop sign and ask to see license, insurance and check inspection sticker. That would be a 4th amendment issue, wouldn't it? Don't get me wrong, I think it's great that GWs check these things because I see far too many folks keeping undersized fish and over limits. Games Wardens can do things regular LEOs cannot. No need for probable cause. Ever wonder how Game Wardens just happen to show up when folks are pulled over by regular LEOs? It happens here in Florida all the time and a great many of the dope busts end up being done by Wardens.
"Any man who thinks he can be happy and prosperous by letting the government take care of him had better take a look at the American Indian".
Henry Ford
|
|
Re: Game Warden right to check and search??
[Re: KingwoodCat]
#5686223
01/07/11 05:53 PM
|
Joined: May 2004
Posts: 20,602
Baylor_Guy�
TFF Guru
|
TFF Guru
Joined: May 2004
Posts: 20,602 |
Ever wonder how Game Wardens just happen to show up when folks are pulled over by regular LEOs?
because theyre on the same frequencies as the city/county and they are in the area to back up.
|
|
Re: Game Warden right to check and search??
[Re: KingwoodCat]
#5686234
01/07/11 05:56 PM
|
Joined: Nov 2008
Posts: 251
muddy_shoes
Angler
|
Angler
Joined: Nov 2008
Posts: 251 |
Game wardens have god-like powers over anyone who is intending to, is, or was showing any signs of fishing. Once you show signs of being a fisherman, probable cause exists, and they can search anything, anywhere, and take possession of any fish or part of fish they want to, to analyze, investigate, protect resources, property, or persons, or hold for evidence.
PARKS AND WILDLIFE CODE TITLE 2. PARKS AND WILDLIFE DEPARTMENT CHAPTER 12. POWERS AND DUTIES CONCERNING WILDLIFE SUBCHAPTER A. GENERAL POWERS AND DUTIES Sec. 12.104. RIGHT TO SEARCH AND INSPECT. (a) A game warden or other peace officer commissioned by the department may search a game bag, vehicle, vessel, or other receptacle if the game warden or peace officer has a reasonable, articulable suspicion that the game bag, vehicle, vessel, or receptacle contains a wildlife resource that has been unlawfully killed or taken.
I am not a lawyer.
Last edited by Vern W.; 01/07/11 05:58 PM. Reason: disclaimer
If I should go to meet my maker, please don't let my wife sell my fishing gear for what she thinks I spent on it!
~~~~~~~~~~ ><> ~~~~~~~~~~~~~~ This post is my opinion. I am not a lawyer. Check whatever I say with a lawyer.
|
|
Re: Game Warden right to check and search??
[Re: KingwoodCat]
#5686266
01/07/11 06:08 PM
|
Joined: Aug 2007
Posts: 2,936
Lowly Net Boy
Extreme Angler
|
Extreme Angler
Joined: Aug 2007
Posts: 2,936 |
You know at one time when I was younger I wanted to a Game Warden, thought it would be fun being in the outdoors and all. But now there is no way. Doing what they do is a Thankless job, yea some are real aholes but what do you expect. Dealing with lowlifes that have no respect for anything, walking into an area that has about 6-8 drunks all with highpowered rifles during deer season. In this day and time, not knowing what to expect when you do random checking and how that person will react. They can check me all they want, as many times as they want and you won't here a peep out of me
|
|
Moderated by banker-always fishing, chickenman, Derek 🐝, Duck_Hunter, Fish Killer, J-2, Jacob, Jons3825, JustWingem, Nocona Brian, Toon-Troller, Uncle Zeek, Weekender1
|