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Message
re: Is Game Warden activity Constitutional
Posted on 3/26/23 at 4:43 pm to redstickrick
Posted on 3/26/23 at 4:43 pm to redstickrick
but if you're on private property fishing in your own pond, they have no right to ask.
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What about hunting. Game is game no?
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What about hunting. Game is game no?
0
Posted on 3/26/23 at 4:43 pm to redstickrick
quote:
If you create a pond it is still technically state property if it is “navigable”.
I don't think pond in the middle of a pasture in navigable..
Posted on 3/26/23 at 4:46 pm to thelawnwranglers
IDGAF what the courts say, what game wardens do is NOT constitutional. The courts work for the government, not the people. Just look how federal judges are chosen...
Posted on 3/26/23 at 4:48 pm to redstickrick
quote:
If you create a pond
quote:
Louisiana Civil Code Article 450, the waters and bottoms of natural navigable water bodies are declared to be public things owned by the state. But the banks of navigable rivers and streams are private things subject to public use
Posted on 3/26/23 at 4:48 pm to Hangover Haven
quote:
I don't think pond in the middle of a pasture in navigable..
Which is exactly why I specifically used the word Pond and not creek/river/lake. In no state is a pond in a cow pasture considered "navigable".
Posted on 3/26/23 at 5:42 pm to thelawnwranglers
quote:
Usually doesn't law enforcement need cause.
yes but green jeans doesnt have to respect your rights, they have way more power than any cop does, and they know it.
they are like the IRS, government storm troopers who can and will do whatever they want and to hell with your rights
Posted on 3/26/23 at 6:52 pm to thelawnwranglers
quote:
If it's your property can you tell them f off
Ah don’t think so. I raise about 5000 quail on my property. Didn’t think I needed a license to shoot pen birds on my own property without a license.
I was wrong.
Posted on 3/26/23 at 6:53 pm to thelawnwranglers
I know game wardens don’t need warrants for certain things. I’m no lawyer, but I do not think it’s constitutional.
Posted on 3/26/23 at 6:56 pm to thelawnwranglers
quote:
If it's your property can you tell them f off
No you cannot.
You can’t illegally shoot deer on your property. Game wardens don’t need warrants. Some parish sheriffs used to bring a game warden with them when they were looking for someone because the game warden could go onto property. Not sure if they still do.
Posted on 3/26/23 at 7:09 pm to 3BlockUber
Did you read the case law ?
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.
Posted on 3/26/23 at 7:12 pm to 3BlockUber
The example was specifically a pond in the middle of a cow pasture, not hunting.
And yes the abuse of the special search powers by regular leo was also discussed, and addressed as far back as the 1990’s.
And yes the abuse of the special search powers by regular leo was also discussed, and addressed as far back as the 1990’s.
Posted on 3/26/23 at 7:30 pm to EF Hutton
Screw game wardens who unjustly give out tickets for the $. When about 9 years old we were duck hunting with my dad and his buddy. After killing our limit, we get stopped in the middle of the marsh by game wardens says they watched my dad and his buddy kill all the ducks. I was hunting with a 4/10 and a pretty damn good crack shot. I had had bagged my own limit of teal the weekend before. They gave my dad a ticket for over the limit and a ticket because I had an old box of led shot. Screw that dude whoever he was 30 years ago!
This post was edited on 3/26/23 at 7:33 pm
Posted on 3/26/23 at 7:43 pm to deeprig9
quote:
They have every right to march right up to you and ask, and you can tell them you don't have a fishing license, and there's nothing they can do because you don't need one on private property in a private pond. But they can go anywhere they damn well please and ask anyone anything they damn well please. Maybe we're splitting hairs here.
WLF can even place their cameras on your property to spy on your activities. Then charge you with violations they see.
Posted on 3/26/23 at 7:47 pm to Jim Rockford
Was duck hunting in the swamp near Sandy Hook, MS with a fraternity brother of mine from years ago. The game warden HATED him - personally. The feeling, was obviously mutual.
Anyway, we're set up on one side of a slough waiting for the ducks to come in when the warden spots us and hollers at us to show him we have plugs in our guns. I show him my 16GA pump with three rounds and a plug. John, however, hollers back, "I ain't showin' you my gun. you can **** off!"
Warden hollers back for us to come over to him and show him that damned gun. And John, of course, tells him he can stick it up his arse. If he wants to see his guns so bad, then HE can wade through the slop over to us!
This is exactly what the game warden does. And when he gets to us, covered to mid-thigh in muck, he glares at John and tells him his gun had better have a plug in it.
John sasses him again and tells him to his face that he hasn't got a plug in it and he's not GOING to put a plug in it. And furthermore, there ain't no way in hell that game warden is gonna make him put a plug in it. And even STILL furthermore he DARED him to write a citation.
You can imagine how pissed the LEO was with John's attitude. But, when he started to write him up, John lifted up his shotgun and showed him.
"Single shot, bitch. Only holds one round."
That was the end of it, but probably because both of them knew better than to push it any further. All I know is that I wasn't particularly pleased to have been party to such an exchange. It's funny as hell in retrospect, but I was more than a tad nervous at the time. And, I believe those two are still sworn enemies to this day. I have never seen anything like it. That game warden is the only person I think John ever disliked or couldn't get along with.
Anyway, we're set up on one side of a slough waiting for the ducks to come in when the warden spots us and hollers at us to show him we have plugs in our guns. I show him my 16GA pump with three rounds and a plug. John, however, hollers back, "I ain't showin' you my gun. you can **** off!"
Warden hollers back for us to come over to him and show him that damned gun. And John, of course, tells him he can stick it up his arse. If he wants to see his guns so bad, then HE can wade through the slop over to us!
This is exactly what the game warden does. And when he gets to us, covered to mid-thigh in muck, he glares at John and tells him his gun had better have a plug in it.
John sasses him again and tells him to his face that he hasn't got a plug in it and he's not GOING to put a plug in it. And furthermore, there ain't no way in hell that game warden is gonna make him put a plug in it. And even STILL furthermore he DARED him to write a citation.
You can imagine how pissed the LEO was with John's attitude. But, when he started to write him up, John lifted up his shotgun and showed him.
"Single shot, bitch. Only holds one round."
That was the end of it, but probably because both of them knew better than to push it any further. All I know is that I wasn't particularly pleased to have been party to such an exchange. It's funny as hell in retrospect, but I was more than a tad nervous at the time. And, I believe those two are still sworn enemies to this day. I have never seen anything like it. That game warden is the only person I think John ever disliked or couldn't get along with.
Posted on 3/26/23 at 7:58 pm to Swamp Angel
You would think that the Agent would have observed what type it was, and moved on . I wouldn’t think somebody could pass the civil service test and complete the academy who did not have common sense to see the type gun.
Posted on 3/26/23 at 7:58 pm to TexasTiger33
void
This post was edited on 4/11/23 at 6:46 pm
Posted on 3/26/23 at 8:06 pm to thelawnwranglers
quote:
I have been watch game warden show out of boredom. They stop anybody and ask for licenses etc
It is basically stop and frisk.
It's no different than requiring a driver's license on the street. A cop can ask for that when he pulls you over.
Posted on 3/26/23 at 8:11 pm to AUstar
quote:
It's no different than requiring a driver's license on the street. A cop can ask for that when he pulls you over.
But he needs reason to pull you over
Posted on 3/26/23 at 8:19 pm to 3BlockUber
quote:
know game wardens don’t need warrants for certain things. I’m no lawyer, but I do not think it’s constitutional.
neither is illegal searches yet regular cops demand a right to search for no reason at all, just to go fishing for an excuse to harass you, then if you deny them permission to search, as is your right under the constitution, they use your refusal to give up your rights as justifiable cause to search since you are presumed to be hiding illegalities if you dont give up your rights.
this is how every traffic stop ever made goes
cop- can i search your car sir
you - no
cop- well saying no tells me you are hiding something
cop- so now i have reasonable cause to think you are breaking the law, so now i have the right to search
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