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re: Any weird experiences with game wardens?
Posted on 12/3/23 at 4:41 pm to No Colors
Posted on 12/3/23 at 4:41 pm to No Colors
Not really any weird experiences but evidently they don’t have as much power in my state as some others. Or more likely their actions are not getting challenged in court. You can also lose rights by giving consent to what they are wanting to do.
We’ve had some game warden cases make it to our appellate courts in recent years. Here is one of them. LINK
We’ve had some game warden cases make it to our appellate courts in recent years. Here is one of them. LINK
Posted on 12/3/23 at 5:01 pm to Litigator
quote:
While the State correctly articulates the open-fields doctrine, which holds that a person has no reasonable expectation of privacy in open lands or fields, the doctrine is inapplicable here. See, e.g., Hudspeth v. State, 349 Ark. 315, 322–23, 78 S.W.3d 99, 104 (2002). The open-fields doctrine applies to searches outside a property-owner's home or curtilage, on land visible to others, where the owner has no expectation of privacy. Id., 78 S.W.3d at 104. It does not stand for the much broader proposition that an officer may detain and search a person simply because he happens to be standing in an open field.
Great case citation…even meth heads have Constitutional rights and shows the slippery slope of allowing game wardens investigatory/enforcement authority not possessed by any other LEO.
This post was edited on 12/3/23 at 5:09 pm
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