Taking 5th Amendment on Game Warden

[TMEC]

Just saw this article on not having to answer a Game Warden.

http://news.yahoo.com/man-successfully-argues-fifth-deer-killing-case-100210808.html

[2050z]

Interesting case for sure.

[DTala]

yep, state game laws do NOT supercede the Constitution.....even if the GWs think it does. But it usually takes a court case and decision to clarify that.

[ezypikns]

You can do anything you like......

with unlimited funds.

The AP says that Jack Coble, 60, of Perry County, Pennsylvania, spent thousands of dollars to make a constitutional point about a $150 fine he received after he declined to give specific answers to a warden who was on Coble’s property.

[TxTechBowhunter]

with unlimited funds.

The AP says that Jack Coble, 60, of Perry County, Pennsylvania, spent thousands of dollars to make a constitutional point about a $150 fine he received after he declined to give specific answers to a warden who was on Coble’s property.

Freedom and Liberty has no price tag.

[Atfulldraw]

with unlimited funds.

The AP says that Jack Coble, 60, of Perry County, Pennsylvania, spent thousands of dollars to make a constitutional point about a $150 fine he received after he declined to give specific answers to a warden who was on Coble’s property.

actually, he didn't outspend the county.

They gave up rather than face a possibly unfavorable ruling on the unconstitutional statute.

and this guy isn't exactly a poster child for obeying the law.....

[Speedgoat]

Freedom and Liberty has no price tag.

This

[rossivey]

The state ought to have to foot the bill after his constitutional right was upheld.

[Fightinaggies]

The state ought to have to foot the bill after his constitutional right was upheld.

This

[Horitexan]

Good for him! Too much infringement on our Constitutional rights these days.

[Thumper]

Why wasn't he charged with poaching? Forget the not answering charges.

[Playa]

So it only costs a $150 fine to spot light deer out of season in Pennsylvania?



I also like the term "jack lighting"

[Daniel75]

I have to agree, that's a jacked up law that is at odds with a person's 5th Amendment rights.

Sounds like he's still a poaching piece of garbage.

[tvc184]

Why wasn't he charged with poaching? Forget the not answering charges.

Because they probably did not have enough evidence against him which is why he was charged with not answering...... which would likely have given them the evidence needed if he told the truth.


This is not a very surprising case. It is a clearly bad law that is probably never used and one warden remembered it. These kinds of laws are usually easily overturned if used often as someone will contest it. Some laws are iffy on being unconstitutional but this one is a no brainer.

[Lungbustr]

The state ought to have to foot the bill after his constitutional right was upheld.

Yep.