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Topic: Did Game Warden Have the Right to Search My Car?  (Read 6835 times)

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Part of the original post;

Quote
Also, wildlife officers are authorized to inspect all receptacles, except the clothing actually worn by a person at the time of inspection, where birds, mammals, fish, reptiles, or amphibians may be stored or placed

Does this mean I can not be frisked?  I ask because I waterfowl hunt on refuges and wardens have laid in wait, hiding as it were, as I trekked out to my assigned blind and confronted me with a bright flashlight to the eyes telling me to set my shotgun down and empty all my rounds into my hat. (You are only allowed 25 rounds in the field.)  After complying to his request, he then proceeds to root through my 5 gallon seat bucket and then asks me if I have any ammo on my body.  I tell him no, and he informs me he is going to pat me down, raise my arms, spread my legs.  He then frisks me for ammo.  I've always have been of the opinion he is stepping beyond his authority in doing that as I have not given him any reason to do a frisk. 
Personally, I aways keep all ammo in the original box the 25 shells come in until I put them in the gun.  That way I will never have a stray round in a pocket I forget and the warden finds. 

so I ask, are wardens in the right to have searched my person in these situations?


Mr.Matt

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Terry or simple.... Legal.
Matt


Mr.Matt

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Within the law.....if they have reasonable suspicion. 
Matt


Sin Coast

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So, keep your stash in your pocket instead of in your tackle box or car?
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crash

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Terry or simple.... Legal.

Terry stops require a reasonable suspicion of a crime though.
"SCIENCE SUCKS" - bmb


Hojoman

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Terry stop? Explain, please.


Mr.Matt

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Yeah I agree with you. His articulation I GUESS would be to say he reasonably thought he had extra rounds in his pocket I'd guess.
Or do the ole "officer safety" pat down. 
Ive met jerry, I couldn't see the need to frisk him unless he was about to be arrested for a crime. He's a straight up dude. Who knows what that officer was thinking, hard to say, impossible to know.
Matt


Mr.Matt

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Yeah I agree with you. His articulation I GUESS would be to say he reasonably thought he had extra rounds in his pocket I'd guess.
Or do the ole "officer safety" pat down. 
Ive met jerry, I couldn't see the need to frisk him unless he was about to be arrested for a crime. He's a straight up dude. Who knows what that officer was thinking, hard to say, impossible to know.
Matt


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From what others have told me, the warden routinely pats down, knowing many guys forget a stray shell in their pocket and it's a 'free' ticket to the officer to bust 'em for it.  Some guys do try to sneak in shells, but the warden sure isn't gonna find those with a pat down.  It's more common to suspect someone's 5 gallon bucket has a false bottom in it for example, or that the decoy cart has hidden storage.  The only hunter that's gonna get busted for carrying too many shells into the field is someone who never intended to carry that extra shell or two. 


crash

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"SCIENCE SUCKS" - bmb


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Why should we tolerate a new incursion into freedom from unreasonable searches?  The police don't have a reasonable suspicion of a crime, yet may search anyway.  That is unreasonable.  Historically, such searches could only occur at entry points into the country and on the seas.  This is an incursion.  We should not stand for it.
+1
"The howling tide of unreason beats against pure fact with incredible fury"-Terrence Mckenna


wizz

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From my understanding dfg/ game warden does not have to have a search warrant to search your vehicle or home. But if they search your home they are only allowed to search your refrigerator/ freezer.
Don't know where you heard that. 

"Applying these principles in the present context, we conclude that (1) the state's interest in protecting and preserving the wildlife of this state for the benefit of current and future generations of California residents and visitors constitutes a special and important state interest and need that is distinct from the state's ordinary interest in crime control, (2) the administrative regulations that are required to serve this interest — involving, for example, limits on the number, size, and species of fish or game that may be taken at different times and in different locations — are of such a nature that they would be impossible to adequately enforce if a game warden could stop, and could demand to be shown all fish or game that have been caught by, only those anglers and hunters who the warden reasonably suspected had violated the fish and game laws, and (3) the impingement upon privacy engendered by such a stop and demand procedure is minimal because (i) the stops are limited to those persons who have voluntarily chosen to engage in the heavily regulated activity of fishing or hunting and as a consequence have a diminished reasonable expectation of privacy with regard to items directly related to such activity, and (ii) the required demands are limited to items directly related to fishing and hunting and do not require disclosure of intimate or confidential matters as to which such persons retain a substantial privacy interest. - See more at: http://caselaw.findlaw.com/ca-supreme-court/1571450.html#sthash.05KMVw92.dpuf"

Personally, I think the courts got the case right.  Hunting and Fishing is, in my opinion, a privilege and not a right.  I know quite a few people disagree with me on that, but that's where I stand.

So is eating a privilege as well?
"The howling tide of unreason beats against pure fact with incredible fury"-Terrence Mckenna


Hojoman

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Terry stop? Explain, please.

http://en.m.wikipedia.org/wiki/Terry_stop
Thanks. I was also interested in the history of the name Terry being used. The link answered that too.


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Yes certainly.  But how do you think that would go over?

-Allen
I think it would go over as well as you would imagine.  I don't think they're taking a public resource through pictures so I can't support that unfortunately.  However if they are not careful and trampling on public grounds irresponsibly, fine the sh*t out of them!

I think just because they don't "take" an animal, doesn't mean they don't have an impact on them.  Look at any National Park these days ... death by overuse.

In our case, the impact is managed.  In the other, it is completely unmanaged.  Which is better and which is worse?

-Allen


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So is eating a privilege as well?
And how does that have anything to do with following rules and regulations or letting a warden search you?