Game Warden Question: Discussion at work

[double bogey]

Correct, I was talking about autos.

[SabineHunter]

Texas may be different from Alabama in regards to WMAs and the law. In Al a GW can stop and search any vehicle in/on a State WMA just because they want to. No probable Cause needed, no exigent circumstances, no warrant, this by state law in Alabama.
I had a new Assistant DA throw out several of my drug cases (without consulting me) because she said I didn't show probable cause in the write up. I had to show her the law about WMAs to get her on track. So even Asst DAs don't know all the powers of a GW.

No, the Federal Law and in this case specifically the 4th amendment supersedes any and all state or local laws. This rumor has made the GWs seem larger than life and they enjoy that misunderstanding.

[Russ-T]

A game warden has no more right to search a residence than any other law enforcement officer because of the protections provided by the fourth amendment. However, Texas law does allow a game warden to search your automobile with a lower standard of evidence than the courts have required law enforcement officers to have. Normally a law enforcement officer must have probable cause, consent, exigent circumstances or a few other exceptions to search your vehicle. This has been established by the U.S. courts of appeals base on the fourth amendment. However, numerous years back (about 15 years) Texas passed a law allowing game wardens to search a vehicle if they have reasonable belief the person has been engaged in hunting or fishing activities. With this law, if a local sheriff stops a vehicle and wants to search but does not have probable cause, they could legally call a game warden who could search the vehicle if they saw a fishing lure in the vehicle. How can Texas pass a law that allows a game warden to search a vehicle without probable cause when the U.S. Constitution does not allow it? How long will it take for someone to get charged with something based on a search based on this law and appeal it to a federal court to have the law removed?

[TeamAmerica]

Is they a Game Warden in da house?

just come clean and stop trying to flush those poached backstraps down the commode...

[M16]

She entered or was able to see all that through the open doors?

Had to have entered. Not visible from an open door.

[No-Tox]

Do they need a warrant? YES
Is it easier for a Game Warden to get a warrant than any other State Officer? YES

So if a warrant is needed, lots of other departments will lean on a GW to "help" them out.

[DTala]

I always had to go thru the same steps as any deputy or city officer to get a search warrant.

[DTala]

No, the Federal Law and in this case specifically the 4th amendment supersedes any and all state or local laws. This rumor has made the GWs seem larger than life and they enjoy that misunderstanding.

this is not a rumor , it is a state law that has stood its run thru the courts. Until a higher court overturns it, it will remain the law in Alabama

[lovemylegacy]

Can a Texas Game Warden enter your house and search it without a warrant?

No

[DRT]

Not my house.

Gary

[TacticalCowboy]

Tell them no they can’t go in your house and search. See how well that’s gonna go for ya. Kinda like no you can’t search my car. It’s aint gonna end well for ya either.

The answer is always no. I don’t lick boots.

[meltingfeather]

Had to have entered. Not visible from an open door.

Ain’t right SMH

[Razrbk89]

Ours can’t and they’re not supposed to be on your property.

They have a tough job & I know they deal with some scum bags, but I was raised NEVER to consent to any search. I’ve refused one before and I’ll refuse one again, if I am harassed again.

[catslayer]

The one I don't get is private property but not a house

Locked gate for example... I've always heard of them showing up at campfires but I've never seen it... I have had one pull into our road when the gate was open.

[Dakota7493]

The one I don't get is private property but not a house

Locked gate for example... I've always heard of them showing up at campfires but I've never seen it... I have had one pull into our road when the gate was open.

We were sitting around a campfire second weekend of rifle opener eight years ago. Shooting the ****, throwing beers back and all of the sudden a voice from behind us says “hey guys, state game warden”. Scared **** out of us. Never saw head lights or heard doors. He parked at gate and crossed cattle guard and walked a few hundred yards to us.

All kinds of **** wrong with it. Couple of us didn’t have hunters safety on license, I didn’t have my card on me cause I’m out of state hunters safety. All were dismissed when we sent proof but still. Guess he assumed we were hunters and felt he had the right?