Warrantless search

Game wardens around here (Texas) have always been the most “investigative” around here too. More jurisdiction than other law enforcement one normally encounters. Even back when I was a teenager, they would drive onto our property in the middle of the night to see what we were doing. They would ask if we were hunting despite the fact the amount of fire we had been laying down having driven any animal that could hear well away from our location.

I have heard story’s from friends where they go onto property’s and check for license’s, plugs (if applicable) and even VIN #’s on off road equipment, all “just because”.

The concept comes from the State “owning” all of the game animals in the woods and fish in the streams. We can only take off our land that we own (I guess we really just “rent” it from them because if we don’t pay the State every year for it in taxes, they will come take it away from us) what they allow. Game wardens are the tool for enforcement of those laws.

Florida wildlife officers still can search without a warrant if "they suspect that a game law violation has occurred." They can enter and check your freezer, house, barn, etc. if they think there was a violation.

Other LE agencies often use them to gather evidence of non-game offenses.

Patocazador said:

Florida wildlife officers still can search without a warrant if "they suspect that a game law violation has occurred." They can enter and check your freezer, house, barn, etc. if they think there was a violation.

Other LE agencies often use them to gather evidence of non-game offenses.

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Same thing here in Michigan, the State Police send in the Game Warden if they can't get a warrant.

Same here in Kansass.

Not uncommon for a sheriff’s deputy to bring a game warden along on an search to avoid having to get a warrant from a judge. I have heard this over the years from friends who were LEOs

NYS prohibits loaded long arms in a vehicle.

Game wardens have interpreted leaning a loaded rifle against a vehicle as a violation of this law.

Guns and vehicles have been seized under this interpretation, especially places where "Joe the Barber" is the local justice of the peace.

No warrant required for a game warden to stop you and have you open your trunk with no probable cause.

We were coon hunting. And when we came back to the truck to leave. The game warden was waiting. He said we were in an area known for poaching. He had us dump the coons out of our back packs. After all was fine. He left us go about our business.

Wow! That's miserable..... I've only had good interactions with the DLNR enforcement here.
Only thing they've ever checked is my license and whether or not my firearm was loaded, and even that's pretty rare.

I have had game wardens walk out on to a dove field in NC and check licenses, that bag limits were in compliance and for plugs in shotguns. I have had them approach me and a friend at a public boat ramp after duck hunting and check everything: boat registration, life jackets and other safety equipment, limits, licenses/stamps, ammo type, and plugs. Around here, if you are driving around dressed like Elmer Fudd and you have blood on your tailgate during deer season and a game warden sees it, plan on being stopped.

A friend out here in Washington State use to go duck hunting over on a marsh flat. On opening morning several years ago there were several hunting parties set up before daylight. The game wardens flushed a big glock of mallards five minutes before open shooting time. The re were game warden setup close to several of the hunting parties and those that shot at the ducks were issued ticket for shooting before legal shooting time.
Another friend was out fishing and when him and his two friends returned to the boat ramp they were greeted by a game warden. He asked him if he could check out their catch of the day and he agreed.
After checking the fish they caught he asked for their fishing licenses, boat registration, and a few other items. Didn't find any thing wrong, and asked how many live vest they had, he said three. The game warden said you need four. He said they only needed three because there was only three of them.
The game warden said you need four life estimates, you invited me onto your boat and gave him a ticket for it which was thrown out when it went to court.
Talking to several people not one of them had anything good to say about their encounters with Washington State game wardens .
These guy have big chips on their shoulders. A bunch of jerks that get off on their power struggle.
I will never buy a hunting license in this state.

Kansas wardens are pretty cool unless you are disrespectful or doing something illegal. Been stopped a number of times. Even was given a warning when we had too many limb lines set, because we were honest.

A female warden drove up on is once when my buddy was dropping a deuce. She had to have seen him, but just waved and kept driving. We had a good laugh at that.

FL-NC said:

Around here, if you are driving around dressed like Elmer Fudd and you have blood on your tailgate during deer season and a game warden sees it, plan on being stopped.

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A good friend of mine, after deer hunting, would put the deer in the trunk and don a jacket and tie for the drive home.

He was an attorney, was doing nothing wrong, but didn't want to be stopped and spend time in a road side deer check.

Highland Lofts said:

A friend out here in Washington State use to go duck hunting over on a marsh flat. On opening morning several years ago there were several hunting parties set up before daylight. The game wardens flushed a big glock of mallards five minutes before open shooting time. The re were game warden setup close to several of the hunting parties and those that shot at the ducks were issued ticket for shooting before legal shooting time.
Another friend was out fishing and when him and his two friends returned to the boat ramp they were greeted by a game warden. He asked him if he could check out their catch of the day and he agreed.
After checking the fish they caught he asked for their fishing licenses, boat registration, and a few other items. Didn't find any thing wrong, and asked how many live vest they had, he said three. The game warden said you need four. He said they only needed three because there was only three of them.
The game warden said you need four life estimates, you invited me onto your boat and gave him a ticket for it which was thrown out when it went to court.
Talking to several people not one of them had anything good to say about their encounters with Washington State game wardens .
These guy have big chips on their shoulders. A bunch of jerks that get off on their power struggle.
I will never buy a hunting license in this state.

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Not to veer too far off topic, but that four on a boat story reminds me of WA's habit of setting up spontaneous, unmarked speed traps disguised as construction and writing double fines.

That's like Lynnwood installing the nine red light cameras for your safe which makes the city11% of their budget.
I quit going to Lynnwood when they install them.
It all a power trip and a money game.

We had a similar attempt here in Wisconsin a few years back to restrict access to private land by game Wardens. It was heavily opposed by conservation groups like the Izaak Walton League and Whitetails Unlimited. This proposed bill would have enforced the law of trespass against the DNR, unless they've got reasonable suspicion. IOWs, they couldn't just randomly roam private property and look for violations, like baiting. Part of this was because of a armed standoff with a landowner and the recent trend of states giving landowners more rights. It would not have countered the Federal "open field" doctrine.

For the most part, here in Wisconsin, during the active hunting and fishing seasons, wardens are spread too thin to spend much time watching individual private property, unless they have suspicions or information of a crime/violation being committed. Just not enough of them, especially when you add in the large amount of public land we have here. Like hunting, wardens "hunt" where they are most likely to find their "game". This is public land and water that has some form of public access. Most landowners here are stewards to their land and do their own "patrolling". Access here to private land is extremely limited and for the most part, the landowners stipulations on what and how much game can be taken, is stricter than the state's.

We call them "Possum Cops".

Conelrad

Hugger-4641 said:

Most TWRA agents in my area are pretty reasonable. But just like any other LE, it only takes a few bad ones to cause problems, and worse when its condoned from higher up.
A few years ago my BIL and some co workers were duck hunting on private land in the middle of nowhere, 1000acre field bottom owned by the farmer my BIL worked for. A warden snuck up before daylight and literally kicked the door of the blind in to check guns and licenses. They all had lifetime Sportsman licenses and he found nothing to cite them for.
No sense in that kind of behavior.

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My one son is a wildlife officer on the East side of Tenn. He never harasses anyone or steps his bounds. He has enough to contend with just between dispatched calls when people call in to drunk drivers to destructive wildlife like Coyotes. He is busy trapping yotes this time of year. Sometimes out in boat or on land checking license. He just tranquilized a 500lb. plus bear there which you may have seen on the news. He is very busy and does not harass anyone . It seems some get a bad rap for what a few have done in the past

Here in Washington State the game wardens will sit for hours with binoculars watching people fishing looking for violations. They have the funds, the time and big chips on their shoulders.

I find it hard to believe the state wardens can violate Federal 4th amendment protections. I don't doubt they do it in many states because they get away with it. To search your house and buildings any LEO need a warrant except under certain conditions like exigent circumstances. For instance if you shoot a deer and they chase you in your house carrying it. State law doesn't supersede Constitutional law. If this is going on it needs to get appealed up to Federal court so Wardens can spend some time on other side of bars. Just my non-lawyer 2 cents worth.

I noted the comment on Florida conservation officers having free reign relative to search/seizure law.............sorry to disagree, but even the FWC has changed it's notations on the subject, stating that their officers may search "according to law"..............Law, does NOT involve disregarding the constitution and in point of fact an officer so doing leaves himself open to individual sanctions under USC 1983 involving the deprivation of rights...........those sanctions include both personal civil liability as well as criminal charges.

No state agency has the power to supersede the basic law of the land!