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re: Is Game Warden activity Constitutional
Posted on 3/26/23 at 7:11 pm to EF Hutton
Posted on 3/26/23 at 7:11 pm to EF Hutton
Lots of leeway in this decision and it’s scope is qualified by the court:
In summary, we hold that a game agent's stop of a hunter in or departing from a wildlife habitat in open season and detention of him for the limited purposes of a license check and requests for game information and inspection does not violate the state or federal constitution. Our holding today is limited to the type of stop described in this opinion. Any further detention must be based on consent, probable cause or reasonable suspicion.
The judgment of the court of appeal is accordingly reversed, the judgment of the trial court is reinstated, and the case is remanded to the trial court for further proceedings consistent with this opinion.
In summary, we hold that a game agent's stop of a hunter in or departing from a wildlife habitat in open season and detention of him for the limited purposes of a license check and requests for game information and inspection does not violate the state or federal constitution. Our holding today is limited to the type of stop described in this opinion. Any further detention must be based on consent, probable cause or reasonable suspicion.
The judgment of the court of appeal is accordingly reversed, the judgment of the trial court is reinstated, and the case is remanded to the trial court for further proceedings consistent with this opinion.
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