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Re: Game Warden right to check and search?? [Re: FootAndAHalf] #5687144 01/07/11 10:29 PM
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KingwoodCat Offline
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OK, so I've read almost all the posts here and I have to tell a true story as told to me by my Father. Back in the late 1950's my dad and a friend of his were fishing a popular bank fishing spot along a river in southern Missouri in late February. My dad did not have a license and the other guy did. My dad saw someone approaching from quite a distance, so he put down his rod by his friend and just sat at the base of a tree. The game warden approached and asked to see their fishing licenses. My dad was always a bit of a smart azz when it came to the law, and he said he was not fishing. The GW asked him what he was doing then, and my dad said it really wasn't any of his business. The GW asked for some ID, which my dad did produce. The GW then said if dad did not tell him why he was there, he was going to get arrested for fishing without a license. At that point, my dad being the true smart azz told the GW that for all the GW knew, he might just be gonna take a bath. At that point the GW told dad that if he didn't strip off and start his bath he was going to get a ticket for fishing without a license. My dad said that was the coldest bath he ever took in his life!!!! The next day dad bought himself a fishing license!!!!!!!


"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: GMB] #5687221 01/07/11 10:49 PM
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muddy_shoes Offline
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Originally Posted By: gmbryant
Quote:

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.


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


Now you're being silly.



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: Terry Tanner] #5687308 01/07/11 11:06 PM
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muddy_shoes Offline
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Originally Posted By: topwater1956
Speaking of GW'S. [snip] 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.


A huge difference. It is called possession, being defined as anything but immediate release. If you catch, look/measure, and release, you caught and released an undersized fish.

If you put it in your livewell, you caught, possessed, and released it. The line must be drawn somewhere, and how would you write and enforce laws for temporary possession?

"Oh - I was just taking it back to the car to take a picture - I'm not keeping it."


Personally I think anyone in a touney should know better anyway, so no sympathy. Breaking the law is breaking the law, and I support GWs and enforcement everywhere.




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: muddy_shoes] #5687322 01/07/11 11:09 PM
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Most GW's wont write it if its barely not on the line. Most will write .5" and greater, but still .00000001" is still illegal


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Re: Game Warden right to check and search?? [Re: Baylor_Guy�] #5687450 01/07/11 11:42 PM
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Many people are "ignorant" (without knowledge....not stupid) of the laws of the land. Oft times a person hears a "myth" and it becomes like a reverential belief in his mind!

For example...there once was this guy that I observed telling some other young folk that "if you robbed a bank and stood on the North Carolina state line with one foot...and on the South Carolina state line with the other foot.....that the "law" could NOT TOUCH YOU!" Yeah, believe that!!

Another myth I saw in action was when I was working a little convenience store. It was about noon and a guy came "barreling" up in the parking lot, jumped out of his vehicle and walked "quickly" into my store. Two seconds later a police car with lights blazing and flashing screeched to a halt next to the guy's vehicle. The cop came in the building and proceeded to write the guy out a ticket for running a stop sign about 3 blocks from the store.

Later after the cop was gone, the guy was very shaken up and walked up to me and said....."I didn't think a cop could WRITE A TICKET ON PRIVATE PROPERTY!" Wrong!! But that is what the guy BELIEVED due to misinformation.

Moral to my story....get the facts first hand from the law enforcement agency in question.

Case closed! thumb


****Sun sinking low....lines baited.....gentle south breeze blowing...you realize.........I AM! .
Re: Game Warden right to check and search?? [Re: Terry Tanner] #5687616 01/08/11 12:27 AM
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robbf213 Offline
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Originally Posted By: topwater1956
Thats why we are proffessionals.
rolfmao

Re: Game Warden right to check and search?? [Re: muddy_shoes] #5688263 01/08/11 03:23 AM
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Terry Tanner Offline
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Vern W, You are right. Possesion--If you catch a fish and boat it, you have that fish in your possesion. It dont matter if you have it 5 minutes or all day, possesion is the same. As far as drawing the line somewhere, you are right about that except, with that fish in your possesion and you leave the lake or take to the bank for harvest, yes you have broken the law, but taking a fish to a weigh-in, you give up your possesion when you give the weigh master the fish to be put in a holding tank to be put back in the same water it came from and to get a ticket for that is chicken s???. I'm a tournament promoter and a tournament fisherman and beleave me different brands of measuring boards will measure different. I know that some dont know to measure first before they go to weigh, but a lot of tickets are wrote to experienced anglers that did'nt deserve it like a friend of mine @ Mc Donalds a few years ago and he went to court and beat it.

Last edited by topwater1956; 01/08/11 03:24 AM.


Re: Game Warden right to check and search?? [Re: Terry Tanner] #5688269 01/08/11 03:24 AM
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you guys kill me,,, sit back and read what you are saying....i want the gw's and thank them for a thankless job but oh yea don't mess with me?????? personally i do thank them,,, and if i mess up then i deserve the ticket,,,kinda like speeding if you cant pay the fine slow down.....STUPID

Re: Game Warden right to check and search?? [Re: me and the boys] #5688337 01/08/11 03:44 AM
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Terry Tanner Offline
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If you would give your brain time to think instead of commenting you would see i beleave in law and order too, but what the GW's are doing @ some of these tournaments is I Wear The Badge and this is how it is. My friend beat that ticket in a court of law which sets a presidents that what they are doing is not right.



Re: Game Warden right to check and search?? [Re: me and the boys] #5688352 01/08/11 03:49 AM
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Until about four years ago a game warden in Texas had no more search authority than any other peace officer. Unless an officer has consent, their is extingent circumstances, after an arrest, they see something illegal in plain view, they are in hot pursuit, or a few other exceptions an officer cannot search a house, car, or person without probable cause. This was determined by the U.S. Supreme Courts interpretations of the U.S. Constitution. For years people believed the wardens had special search authority so they allowed the officers to conduct searches. The state of Texas then passed a law about four years ago that stated that a game warden may search a persons vehicle and belongings in the vehicle if the officer has a "reasonable suspicion" that the person has been engaged in hunting or fishing. It gave the game wardens NO more search authority to search a house. To search a house (other than the few exceptions)a peace officer must have a warrant that states the probable cause and is signed by a magistrate. To search a car or person they must have probable cause but they do not have to have a warrant. This has been determined by the U.S. Supreme Court. However, Texas passed laws giving Game Wardens the authority to search a car with only "reasonable suspicion". To me this clearly violates the citizens fourth amendment rights. However, the game wardens are just doing their jobs within the laws of the state.

Last edited by RKT; 01/08/11 03:50 AM.
Re: Game Warden right to check and search?? [Re: me and the boys] #5688356 01/08/11 03:51 AM
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This might be one of the stupidest group of posts I've ever read. I don't care when or where a game warden searches or stops me. I don't break game laws. I also read the laws before I go hunting or fishing. I am glad we have game wardens and I fully support them! They do an incredibly tough and dangerous job. And if you can't measure a fish you deserve a ticket. You will remember how next time. Now I want my last ten minutes back.

Re: Game Warden right to check and search?? [Re: RKT] #5688375 01/08/11 03:58 AM
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Terry Tanner Offline
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Thanks RKT, for explaining a true statement, because that is right and don't misunderstand me because most GW's are upstanding law enforcer's and by the book, but there are some of them who wear the badge and bend the law around to their benefit.



Re: Game Warden right to check and search?? [Re: fouzman] #5688448 01/08/11 04:23 AM
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Originally Posted By: fouzman
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).



Plus #1. Totally wright.


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Re: Game Warden right to check and search?? [Re: Ken Gaby] #5689876 01/08/11 06:18 PM
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Originally Posted By: Ken Gaby
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.


Any mediocre attorney would love this strategy. Circumventing a search warrant. His client is going to walk.


The Sheep who only fears the Wolf is eaten by the Shepherd.
Re: Game Warden right to check and search?? [Re: Terry Tanner] #5689909 01/08/11 06:26 PM
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None of us have a right to even be on this earth so cut the "unconstitutional", woe-is-me bravo sierra, will ya's! You have a right to abide by the laws set forth and you bought a license because you want to be legal (abide by the law that says you need a license). So what if they want to check you - you shouldn't have any reason to GAS as long as you are legal. Just let them do their job and quitcher belly-aching! Dayyyyyyummmmm!


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