Game Warden Question: Discussion at work

[Outback]

For the sake of expediency, I believe some GW's will bluff you into letting them search knowing most of us don't know our rights. Honestly, it feels somehow wrong to tell a LEO or GW no thanks, I don't consent to a search of my home or truck. Or if they ask, have you been drinking to answer, what makes you think I've been drinking or to the question, have you been hunting, to answer, what makes you think I'm hunting rather than saying I've been drinking tonight or yes, I've been hunting all weekend. The reality with GW's is if you prove difficult, you might just see them far more often and lose any benefit of the doubt.

[Graysonhogs]

For the sake of expediency, I believe some GW's will bluff you into letting them search knowing most of us don't know our rights. Honestly, it feels somehow wrong to tell a LEO or GW no thanks, I don't consent to a search of my home or truck. Or if they ask, have you been drinking to answer, what makes you think I've been drinking or to the question, have you been hunting, to answer, what makes you think I'm hunting rather than saying I've been drinking tonight or yes, I've been hunting all weekend. The reality with GW's is if you prove difficult, you might just see them far more often and lose any benefit of the doubt.

You can say “no” and not be difficult. But, your last sentence plays into the psychology of LEO/contact interaction.


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[Stevo96]

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've had several different GWs show up in our camp, some during the day, some at night. Our camp is right on a county road, and the gate is always locked. All have been friendly for the most part, and they've never asked to search anything to my knowledge. They have asked to see our licenses though. One time I was already asleep inside the camp house, and they asked one of the other guys to come get my license so he could check it.

[bpa556]

in your vehicle maybe but not your house. Probable cause may get him a warrant from a magistrate/Judge but won't legally get him thru your house door if you object.

If he has a signed warrant (to search your home), he now has the legal right to enter your home.

You may object ‘till you’re blue in the face. Just don’t object too vociferously or you’ll end up taking a ride on an obstruction charge.


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[tdwinklr]

I know nothing about search warrants but wouldn't GWs just carry a few copies with them and use as needed, or do they require a judges signature, which could also already be stamped on the warrant footer?

[DTala]

a warrant requires a affidavit signed by the person with knowledge of the crime and then signed by a judge or magistrate. Info has to be detailed and timely , other words not outdated info.

[tdwinklr]

a warrant requires a affidavit signed by the person with knowledge of the crime and then signed by a judge or magistrate. Info has to be detailed and timely , other words not outdated info.

thx.
Hope I never need to see one.

[xtrm-hunter]

Not w/o warrant.. a vehicle yes but not a residence or structure.

[bossbowman]

Hmmm, then why do regular cops use Mr. green jeans in "special" situations, law might have changed the last few years but I know of cases of this 8-10 years ago...

[toomuchsun]

Vast majority GW are great folks. But a few incidents. One grabbed my shot gun dove hunting demanding where I got it from? It was too expensive for a slumbag like me I guess. Rude no call action. Fatherinlaw had my kid and her freind in the shrimp channel Aransas area. Warden wanted them to pull over. Was safe to travel but a bad place to pull over so proceeded to safe spot. He let that warden have it and knowing him, I would have backed off too as the wardon did. I have more stories good and bad but we need to stand ground and politely yield as well. Not worth it. Be nice and it will come back. And no, A Warrant is required if intrusive no reason wanting access to my anything. I had one want me to dump my ice chest to count my near limit of white bass on a trail to the truck. I barely got em to fit and low on ice and on foot. I said NO. You empty it and put back. He said "your good" and left. I was ok with the check but not to dump em out. That one is borderline but if he wants to see em , he can unload and put back. They were easy to see legal size and a small chest so 20 fish would barely fit. So we yield, they should to if no reason to suspect

[toomuchsun]

Vast majority GW are great folks. But a few incidents. One grabbed my shot gun dove hunting demanding where I got it from? It was too expensive for a slumbag like me I guess. Rude no call action. Fatherinlaw had my kid and her freind in the shrimp channel Aransas area. Warden wanted them to pull over. Was safe to travel but a bad place to pull over so proceeded to safe spot. He let that warden have it and knowing him, I would have backed off too as the wardon did. I have more stories good and bad but we need to stand ground and politely yield as well. Not worth it. Be nice and it will come back. And no, A Warrant is required if intrusive no reason wanting access to my anything. I had one want me to dump my ice chest to count my near limit of white bass on a trail to the truck. I barely got em to fit and low on ice and on foot. I said NO. You empty it and put back. He said "your good" and left. I was ok with the check but not to dump em out. That one is borderline but if he wants to see em , he can unload and put back. They were easy to see legal size and a small chest so 20 fish would barely fit. So we yield, they should to if no reason to suspect

I need to clarify. I incorrectly noted He "grabbed" the shotgun. He rudely demanded me to hand it to him. Reading my post I realized my emotion pumped poor choice in wording. I want respect, I must own up and show as well.

[DTala]

ya'll do know the popo of any kind cannot search a vehicle with having the same reason that it takes to get a warrant. They have to have probable cause to search a vehicle, same as if they went to get a warrant. The fact that the vehicle is moveable is what gets em by without a warrant in hand.

most states allow a GW to search a vehicle used in hunting, along with any coolers, etc that are used to carry game, etc, without the requirements of probable cause.

[tvc184]

The term exigent circumstances is what concerns me. What exactly constitutes exigent circumstance in terms of a GW?

I would think any information he receives that their subject may have committed a game violation, and it's possible they are holding evidence in their residence, the GW could go retrieve that evidence. Or am I interpreting that wrong?

Yes.

[tvc184]

Family friend who at the time was DPS trooper, told me if I’m ever stopped for anything and asked if ok to search vehicle to say NO. I was shocked. He said, “Why in the world would you let me search your vehicle? What good is going to come of that? If I really think you have something serious to hide, you’re saying no won’t matter because I will get a warrant. If I’m just “fishing” we ain’t gonna waste the time hanging out and waiting on one.” Said it always shocked him how high a percentage of folks said yes to a search...especially the ones that actually had stuff to hide. Lol

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That is not really correct on taking the time to get a warrant for a vehicle. If probable cause exists to search a vehicle, a warrant is not needed.

[PEC]

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?

Were you hunting or just setting around the fire?