Texas Hunting Forum

Bit of A Rant

Posted By: Grendel 6.5

Bit of A Rant - 12/11/10 11:01 PM

My buddy and I were goose hunting this past week in the panhandle. He had been up there several days before me and had breasted out some birds and had them in a cooler he had put in the back of my truck. We were pheasant hunting one afternoon and when we walked back to my truck the game warden was sitting there waiting. He had been through my truck and made us stand in the ditch like we were hardened criminals. Now, I know my buddy should have left a wing attached, but he didn't. He knows that, but it still was an unpleasant event. He was issued 3 citations...one goose...one duck...and one for Sandhills crane. I thought it was a bit harsh. It really pissed me off that he searched my truck without permission. My buddy has been an avid waterfowl hunter for over 30 years and is always conscious of taking only legal limits, etc. He cancelled the next two days hunting and went home. I think a warning would have been more appropriate. I guess this kind of action saves the PETA folks money trying to keep people from hunting. I just found it a bit much. I am every bit as much against poaching and illegal harvesting of game as anyone else.

Posted By: RedRaider3933

Re: Bit of A Rant - 12/11/10 11:24 PM

Wow. Some game wardens are real nice about that kind of thing. This guy sounds like a real piece of work.

Posted By: ducknbass

Re: Bit of A Rant - 12/11/10 11:33 PM

So you said your buddy knew better but should have gotten a warning? Hmmmmmmm

Posted By: Grendel 6.5

Re: Bit of A Rant - 12/11/10 11:40 PM

He was very young. Probably afraid to be lenient and not go strictly by the book. Many of those guys with experience use common sense and judgement in these situations and I appreciate their efforts. It just really leaves a bad taste and spoils a hunting trip.

Posted By: Tx Deer Hunter

Re: Bit of A Rant - 12/11/10 11:40 PM

You have to understand that a game warden DOES NOT NEED your permission to search your truck. If the warden has probable cause {your were obviously out hunting} and the coolers were in plain sight {in the bed of the truck} then YES he can search them with out you present. Your friend broke the law plain and simple and paid the price. BTW Do you know why Game Wardens are used to enter suspected drug houses? because a game warden does not need a search warrant. All he needs is the suspicion to believe the residents in the house may have broken state game laws. They can search your house, your barns, your cars, your boats and your land all with out a warrant. Game wardens have more authority in Texas to enforce ALL state laws than Texas Rangers do...

Posted By: #Hayraker

Re: Bit of A Rant - 12/12/10 12:07 AM

that is not "exactly" correct. It is a popular myth however.

Posted By: deckhand

Re: Bit of A Rant - 12/12/10 12:35 AM

G6.5 the laws are spelled out in black and white. One of my buddies had to deal with this a couple years ago with pheasant. There may be a way out IF you were on private land. You will need a letter from the landowner/landowner's agent stating the game animals were taken legally to the local court of jurisdiction. Just read the whole hand book published by TPWD, it is in there.

Posted By: dgilbert

Re: Bit of A Rant - 12/12/10 12:44 AM

WOW, your buddy violates the law, gets caught, gets a ticket, and you want to rant. WOW. Sorry for the GW doing his job.

Posted By: #Hayraker

Re: Bit of A Rant - 12/12/10 12:50 AM

I only hunt here at the house,so I'm not familiar with this. I take my birds home whole and clean them, but when you are on a several day out of town hunting trip when can you finish processing and packaging your birds?

Posted By: DWADR

Re: Bit of A Rant - 12/12/10 12:54 AM

Same thing happened to a few friends of mine recently. They all got tickets as well. From what I hear could happen, you got off light.

Posted By: Grendel 6.5

Re: Bit of A Rant - 12/12/10 01:10 AM

It could have been handled better I think from a PR standpoint with a warning. Enforcing rules and regulations does always mean being punitive.

Posted By: deckhand

Re: Bit of A Rant - 12/12/10 01:19 AM

The offense you described will always receive a citation and should. It is not an oops/oversite situation in the GW world. If you bought licences at wal-mart and they forgot the upland stamp that could fall under the oops/oversite category. You will not find sympathy here about that offense. Like it or not that is how it is! BTW the GW could have taken the gun too, so yes he did not hammer y'all as hard as he could have.

Posted By: 1187 supermag

Re: Bit of A Rant - 12/12/10 01:53 AM

Originally Posted By: deckhand
The offense you described will always receive a citation and should. It is not an oops/oversite situation in the GW world. If you bought licences at wal-mart and they forgot the upland stamp that could fall under the oops/oversite category. You will not find sympathy here about that offense. Like it or not that is how it is! BTW the GW could have taken the gun too, so yes he did not hammer y'all as hard as he could have.


Had the offender been in his personal vehicle, could the GW seize that as well if he wanted to?

Posted By: deckhand

Re: Bit of A Rant - 12/12/10 02:00 AM

confused2 maybe

Posted By: _Scooter_

Re: Bit of A Rant - 12/12/10 02:05 AM

Leave the meat at home or in the cabin/hotel next time maybe??? The GW was doing his job, so no rant necessary. If he knew it was wrong then he shouldn't have done it. Had to know that the GW's are in full force during Pheasant season up there so everyone is gettin checked!

Posted By: wal1809

Re: Bit of A Rant - 12/12/10 02:12 AM

Originally Posted By: Tx Deer Hunter
You have to understand that a game warden DOES NOT NEED your permission to search your truck. If the warden has probable cause {your were obviously out hunting} and the coolers were in plain sight {in the bed of the truck} then YES he can search them with out you present. Your friend broke the law plain and simple and paid the price. BTW Do you know why Game Wardens are used to enter suspected drug houses? because a game warden does not need a search warrant. All he needs is the suspicion to believe the residents in the house may have broken state game laws. They can search your house, your barns, your cars, your boats and your land all with out a warrant. Game wardens have more authority in Texas to enforce ALL state laws than Texas Rangers do...


Can you please post the penal code law or code of criminal procedure rule allowing a game warden more authority than any other police officer, please?

Posted By: #Hayraker

Re: Bit of A Rant - 12/12/10 02:14 AM

Originally Posted By: WAL1809
Originally Posted By: Tx Deer Hunter
You have to understand that a game warden DOES NOT NEED your permission to search your truck. If the warden has probable cause {your were obviously out hunting} and the coolers were in plain sight {in the bed of the truck} then YES he can search them with out you present. Your friend broke the law plain and simple and paid the price. BTW Do you know why Game Wardens are used to enter suspected drug houses? because a game warden does not need a search warrant. All he needs is the suspicion to believe the residents in the house may have broken state game laws. They can search your house, your barns, your cars, your boats and your land all with out a warrant. Game wardens have more authority in Texas to enforce ALL state laws than Texas Rangers do...


Can you please post the penal code law or code of criminal procedure rule allowing a game warden more authority than any other police officer, please?


he can't because there isn't one.

The mythical, magical powers of the game warden.

Posted By: wal1809

Re: Bit of A Rant - 12/12/10 02:15 AM

Grendal 6.5 PM me where your were hunting. I had a similar run in with a GW in the panhandle on fez weekend. We went titti to titti for about 15 mimutes and he finally voided the citation. I am curious if it was the same one but I don't want the place named on the forum.

Posted By: devildog28

Re: Bit of A Rant - 12/12/10 02:15 AM

Originally Posted By: Tx Deer Hunter
You have to understand that a game warden DOES NOT NEED your permission to search your truck. If the warden has probable cause {your were obviously out hunting} and the coolers were in plain sight {in the bed of the truck} then YES he can search them with out you present. Your friend broke the law plain and simple and paid the price. BTW Do you know why Game Wardens are used to enter suspected drug houses? because a game warden does not need a search warrant. All he needs is the suspicion to believe the residents in the house may have broken state game laws. They can search your house, your barns, your cars, your boats and your land all with out a warrant. Game wardens have more authority in Texas to enforce ALL state laws than Texas Rangers do...


You forgot to add more authority than say ohhhh the constitution, because apparently they do according to you.

Posted By: wal1809

Re: Bit of A Rant - 12/12/10 02:18 AM

yall two need to wait on your own fish to bite and leave my bobber alone clap

Posted By: Grendel 6.5

Re: Bit of A Rant - 12/12/10 02:37 AM

A lot of valid points here. I can appreciate all positions. I just know cooperative efforts and team work tend to be more productive than adversarial and punitive actions.

Posted By: BgBkHunter

Re: Bit of A Rant - 12/12/10 02:43 AM

Originally Posted By: dgilbert
WOW, your buddy violates the law, gets caught, gets a ticket, and you want to rant. WOW. Sorry for the GW doing his job.



X2

Posted By: Peters2

Re: Bit of A Rant - 12/12/10 02:46 AM

So what is the law concerning breasted meat in an ice chest in the bed of a pickup? Is it that he should have left the ice chest at the hotel or something? Its against the law to have meat in your vehicle? Sorry for my ignorance.

Posted By: Grendel 6.5

Re: Bit of A Rant - 12/12/10 02:53 AM

Originally Posted By: WAL1809
Grendal 6.5 PM me where your were hunting. I had a similar run in with a GW in the panhandle on fez weekend. We went titti to titti for about 15 mimutes and he finally voided the citation. I am curious if it was the same one but I don't want the place named on the forum.


The guide we were hunting with said they had really been hammering them for the smallest thing. I think the comment about the constitution hit the nail on the head. I am a fraud investigator and there are laws I have to abide by in the process of my investigations. Obviously, some do not.

Posted By: R.G.C.

Re: Bit of A Rant - 12/12/10 02:57 AM

No officer has a right to search your vehicle without your permission or warrant if the vehicle is on private property. Probable cause does not fall into this one fellers.

Posted By: tx270

Re: Bit of A Rant - 12/12/10 03:00 AM

Originally Posted By: Tx Deer Hunter
You have to understand that a game warden DOES NOT NEED your permission to search your truck. If the warden has probable cause {your were obviously out hunting} and the coolers were in plain sight {in the bed of the truck} then YES he can search them with out you present. Your friend broke the law plain and simple and paid the price. BTW Do you know why Game Wardens are used to enter suspected drug houses? because a game warden does not need a search warrant. All he needs is the suspicion to believe the residents in the house may have broken state game laws. They can search your house, your barns, your cars, your boats and your land all with out a warrant. Game wardens have more authority in Texas to enforce ALL state laws than Texas Rangers do...


That is the biggest bunch of false BS posted here.

I have two very close friends who are state game wardens, they would tell you a little different story.

GW's haven't been used for that reason for drug searches in many years because TPWD knew it was a lawsuit waiting to happen.

You need to learn what your talking about.

Posted By: Peters2

Re: Bit of A Rant - 12/12/10 03:06 AM

I rfeally don't understand. Why do you have to leave a wing attached?

Posted By: Tx Deer Hunter

Re: Bit of A Rant - 12/12/10 03:10 AM

Well I have video to prove you wrong, and I have personally witnessed GW's used on house searches in south Dallas and in FW...

Posted By: wal1809

Re: Bit of A Rant - 12/12/10 03:27 AM

With all due respect! It is a myth. Game wardens are subject to the dames rules andaws as any other law enforcement officer. Yes they are use sometimes because they recognize game laws and subsequently could gain access to a search and or arrest when other officers would have overlooked the probable cause and or reasonable suspicion.

Posted By: Peters2

Re: Bit of A Rant - 12/12/10 03:37 AM

I hate being ignored! soap

Posted By: FowledUp

Re: Bit of A Rant - 12/12/10 03:40 AM

Originally Posted By: Flyway2
I hate being ignored! soap

Prolly to identify species

Posted By: Peters2

Re: Bit of A Rant - 12/12/10 03:44 AM

Thanks for replying bwilliams. Do you know what the law is concerning what this thread has been talking about? You can't have cleaned game in your vehicle in an ice chest?

Posted By: TDK

Re: Bit of A Rant - 12/12/10 03:51 AM

You can, but it has to have a wing attached to verify that your game is within the legal specie limit. This stops people from say shooting 3 pintail and breasting them, later to be checked and claiming those birds in the ice chest are gadwall.

The guy knew better(you said so), so I have no sympathy. He broke the law and got caught. What I find disturbing is you want to come on here and "rant" because your friend got caught for doing something illegal. Time to take responsibility for your actions.

Posted By: tx270

Re: Bit of A Rant - 12/12/10 04:09 AM

Originally Posted By: Tx Deer Hunter
Well I have video to prove you wrong, and I have personally witnessed GW's used on house searches in south Dallas and in FW...


Please tell me where to find this video....

Game wardens can be present for any house raid, etc., because they are a STATE POLICE OFFICER, just like a DPS officer. Though it is generally frowned upon by TPWD in Austin.

The only way a game warden can search a house without a warrant is if they have reason to believe there are illegally taken game animals or fish in that residence, and they have to have reasonable proof ahead of time to support that suspicion. They can't just go to a door and say, "hey, do you hunt or fish?" and then say "you do, ok, then I need to search your house".

As far as drugs or anything else they have to have a warrant just like any other police officer. End of discussion, period....

Posted By: Judd

Re: Bit of A Rant - 12/12/10 04:10 AM

Originally Posted By: TDK
Time to take responsibility for your actions.


Those days are gone, unfortunately.

Sorry your buddy didn't have a great experience with the GW. My experience has always been if you are respectful they show the same respect. As far as getting caught, well it was just that...he got caught, pay the lady at the window.

Posted By: Jeff Elder

Re: Bit of A Rant - 12/12/10 04:13 AM

Leave a wing.. Its the law!! Case closed.

Posted By: R.T.

Re: Bit of A Rant - 12/12/10 04:16 AM

Originally Posted By: R.G.C.
No officer has a right to search your vehicle without your permission or warrant if the vehicle is on private property. Probable cause does not fall into this one fellers.


Vehicles....... NO, but they CAN poke their noses into coolers in the bed if they want.

Posted By: Grendel 6.5

Re: Bit of A Rant - 12/12/10 04:18 AM

Originally Posted By: TDK
You can, but it has to have a wing attached to verify that your game is within the legal specie limit. This stops people from say shooting 3 pintail and breasting them, later to be checked and claiming those birds in the ice chest are gadwall.

The guy knew better(you said so), so I have no sympathy. He broke the law and got caught. What I find disturbing is you want to come on here and "rant" because your friend got caught for doing something illegal. Time to take responsibility for your actions.


the bigger issue to me in all this is that he could take more liberty in searching my vehicle without my permission... Without my being present... Without a search warrant. More liberties than can be taken in the investigation of a crime against a "person. It is that erosion of our privacy and rights that is most disturbing to me. Based upon the public responses and PM's received here that seems to be be the consensus.

Was my buddy wrong in not following the law specific to the "wing" requirement? Yep, he was wrong. By the way, the judge said it was bogus too.

So, I suppoose if gun control is ever passed we are gonna hand those over willingly? It "would" be the lawful thing to do..

Posted By: R.T.

Re: Bit of A Rant - 12/12/10 04:21 AM

Was the vehicle unlocked? Did the GW use a Slim Jim, or call OnStar to unlock it? How did he search the vehicle without anyones permission? Or are you talking about coolers laying in the bed of the truck?

Posted By: R.T.

Re: Bit of A Rant - 12/12/10 04:22 AM

Was the vehicle unlocked? Did the GW use a Slim Jim, or call OnStar to unlock it? How did he search the vehicle without anyones permission? Or are you talking about coolers laying in the bed of the truck?

Posted By: TDK

Re: Bit of A Rant - 12/12/10 04:23 AM

Guilt by association. Your buddy broke the law, if'n I was the game warden I would have a pretty good hunch to search the vehicle parked next to it if they were associated.

I would almost bet that if a car was pulled over and the driver was found to have illegal narcotics on himself, the passenger would probably be getting searched too.

Posted By: Jeff Elder

Re: Bit of A Rant - 12/12/10 04:28 AM

Back down??

Grendel6.5 + TDK = Stalemate

Posted By: Grendel 6.5

Re: Bit of A Rant - 12/12/10 04:38 AM

Originally Posted By: TDK
Guilt by association. Your buddy broke the law, if'n I was the game warden I would have a pretty good hunch to search the vehicle parked next to it if they were associated.

I would almost bet that if a car was pulled over and the driver was found to have illegal narcotics on himself, the passenger would probably be getting searched too.



his ice chest was in my truck. He searched it before he knew anything. Besides, if someone were intentionally poaching or illegally harvesting game do you think they would take the meat to the field while hunting? Where was probable cause?

Posted By: Grendel 6.5

Re: Bit of A Rant - 12/12/10 04:40 AM

Enough said. No wonder our current president got elected.

Posted By: TDK

Re: Bit of A Rant - 12/12/10 04:48 AM

Obama is the best thing to happen to this country! I voted for him...
I cant wait to move to TX and spread my liberal views!

Posted By: wal1809

Re: Bit of A Rant - 12/12/10 04:57 AM

Originally Posted By: TDK
Obama is the best thing to happen to this country! I voted for him...
I cant wait to move to TX and spread my liberal views!


Austin maybe?

Posted By: TDK

Re: Bit of A Rant - 12/12/10 04:58 AM

Quote:
Where was probable cause?


You were involved in the taking of wildlife. You may not like it, I dont; but thats the probable cause they need. It has always been this way. Why do you think its possible for a GW to come ask to see your gun and licenses even though you have not done anything illegal? Because your involved in taking game.

Obama supporter regards...

Posted By: TDK

Re: Bit of A Rant - 12/12/10 04:58 AM

Quote:
Austin maybe?


How did you know?

Posted By: Grendel 6.5

Re: Bit of A Rant - 12/12/10 05:01 AM

Originally Posted By: TDK
Obama is the best thing to happen to this country! I voted for him...
I cant wait to move to TX and spread my liberal views!


Maybe Oak Lawn?

Posted By: 1187 supermag

Re: Bit of A Rant - 12/12/10 05:14 AM

Question about this:

1.17 When do exigent circumstances justify a warrantless search?

A. General Rule. If probable cause is present, Service officers may immediately search for and seize evidence that they reasonably believe will be destroyed or removed to another location before they can secure a search warrant. The Supreme Court recognized that law enforcement officers encounter such exigent circumstances and ruled that where probable cause exists, warrantless searches are necessary to prevent the loss of evidence.

So is citing "exigent circumstances" the way game wardens skirt the issue of getting a warrant? It appears that it would be easy for game wardens to prove exigent circumstances.
I can see how almost any court would uphold this because of how fast poachers work.

Disclaimer: I'm not saying anyone is a poacher.

Posted By: TDK

Re: Bit of A Rant - 12/12/10 05:15 AM

Just so people know, I am actually a gun toting rebublican. But it was fun while it lasted.

Posted By: Gdogg

Re: Bit of A Rant - 12/12/10 03:43 PM

Originally Posted By: _Scooter_
Leave the meat at home or in the cabin/hotel next time maybe??? The GW was doing his job, so no rant necessary. If he knew it was wrong then he shouldn't have done it. Had to know that the GW's are in full force during Pheasant season up there so everyone is gettin checked!


Even if you leave the meat in the cabin or hotel you are in violation. My BIL was on a weekend hunt and left two cleaned birds in the freezer from the previous days hunt, both without a wing or head attached. He was issued tickets for both ducks after the warden followed him back to the cabin when he was asked what he had harvested the day before. Even with pictures the GW would not give him a break.

Posted By: Grendel 6.5

Re: Bit of A Rant - 12/12/10 06:22 PM

Originally Posted By: Gdogg
Originally Posted By: _Scooter_
Leave the meat at home or in the cabin/hotel next time maybe??? The GW was doing his job, so no rant necessary. If he knew it was wrong then he shouldn't have done it. Had to know that the GW's are in full force during Pheasant season up there so everyone is gettin checked!


Even if you leave the meat in the cabin or hotel you are in violation. My BIL was on a weekend hunt and left two cleaned birds in the freezer from the previous days hunt, both without a wing or head attached. He was issued tickets for both ducks after the warden followed him back to the cabin when he was asked what he had harvested the day before. Even with pictures the GW would not give him a break.



they would get a lot more cooperation which would result in better conservation efforts without the invasive and Nazi tactics. I just don't get it. My buddy was wrong, but this is a little too far...

Posted By: #Hayraker

Re: Bit of A Rant - 12/12/10 06:25 PM

I agree with that Grendel.

Posted By: TAT

Re: Bit of A Rant - 12/12/10 07:07 PM

the gamewarden was doing his job. its kinda like getting mad at a cop for giving you a speeding ticket when you were speeding.

Posted By: Kooch

Re: Bit of A Rant - 12/12/10 07:49 PM

I am so confused. So how long do you have to keep a wing attached? I just cut the breast meat out and throw the bird away. So I have been breaking the law the whole time? Please explain so I can fix this and not be in the same situation

Posted By: Grego

Re: Bit of A Rant - 12/12/10 08:23 PM

The Panhandle during pheasant season and a conscious decision was made the
break the law, dont have sympathy. You're buddy rolled the dice and it did not work out in his favor. I admit I may know guys that do it also but it would not be a surprise if they got written up for the tactic.

Posted By: deckhand

Re: Bit of A Rant - 12/12/10 10:36 PM

Originally Posted By: texashype
I am so confused. So how long do you have to keep a wing attached? I just cut the breast meat out and throw the bird away. So I have been breaking the law the whole time? Please explain so I can fix this and not be in the same situation
When dealing with game birds you must leave a wing for ID purposes(leg for pheasant) till you get home(permanent residence) I am not trying to a smart azz or flame on anyone, but read the handbook that the TPWD puts out EVERY Augest. It has ALL the rules/laws that you need to know to avoid getting a citation/warning from a GW. Info is out there just educate yourself before the state decides that WE ALL MUST attend "regulation classes" just to buy a hunting licenses!

Posted By: #Hayraker

Re: Bit of A Rant - 12/12/10 10:52 PM

so, if I take some duck from my freezer from home and take them to deer camp in a cooler to feed my hunters and the game warden showed up and went through my coolers he could write me a ticket for not having a wing on my duck meat?

or would the dates on the bag be enough?

again, I clean all of my ducks at home, so I have never been in violation, but I have taken bags of duck to camp, in a cooler.

Posted By: deckhand

Re: Bit of A Rant - 12/12/10 10:53 PM

You would be legal to do so.

Posted By: #Hayraker

Re: Bit of A Rant - 12/12/10 10:56 PM

up

Posted By: TexasEd

Re: Bit of A Rant - 12/12/10 11:02 PM

Originally Posted By: TDK
Quote:
Where was probable cause?


You were involved in the taking of wildlife. You may not like it, I dont; but thats the probable cause they need. It has always been this way. Why do you think its possible for a GW to come ask to see your gun and licenses even though you have not done anything illegal? Because your involved in taking game.
regards...


This is the right answer. Being in the pheasant field gave them the right to search.

Posted By: mnsherick

Re: Bit of A Rant - 12/12/10 11:29 PM

Originally Posted By: deckhand
Originally Posted By: texashype
I am so confused. So how long do you have to keep a wing attached? I just cut the breast meat out and throw the bird away. So I have been breaking the law the whole time? Please explain so I can fix this and not be in the same situation
When dealing with game birds you must leave a wing for ID purposes(leg for pheasant) till you get home(permanent residence) I am not trying to a smart azz or flame on anyone, but read the handbook that the TPWD puts out EVERY Augest. It has ALL the rules/laws that you need to know to avoid getting a citation/warning from a GW. Info is out there just educate yourself before the state decides that WE ALL MUST attend "regulation classes" just to buy a hunting licenses!


X100 I used to clean the birds at my dad's house (on the lake) then take my birds home, after reading the rules I relized I could be cited for it, so I just saved the trouble and started cleaning them at the house, yeah it's a PITA but I won't get a ticket.

-Matt

Posted By: hoof n wings

Re: Bit of A Rant - 12/13/10 12:18 AM

Originally Posted By: Grendel 6.5
It could have been handled better I think from a PR standpoint with a warning. Enforcing rules and regulations does always mean being punitive.


So your friend KNEW to leave a wing attached, but didn't and fpr PR...... he should get a warning. Kinda like me catching a person breaking into my house and when the cops get there, letting him go with a warning.

The "PR" is that your friend still has his guns to go hunting with next time, instead of being confiscated.

I give an "atta boy" to the GW..... not for the tickets, but for doing his job!

Posted By: wal1809

Re: Bit of A Rant - 12/13/10 03:32 AM

Originally Posted By: TexasEd
Originally Posted By: TDK
Quote:
Where was probable cause?


You were involved in the taking of wildlife. You may not like it, I dont; but thats the probable cause they need. It has always been this way. Why do you think its possible for a GW to come ask to see your gun and licenses even though you have not done anything illegal? Because your involved in taking game.
regards...


This is the right answer. Being in the pheasant field gave them the right to search.


Where are yall getting these laws from? So if I am driving a car down the road I can be stopped for no reason. Because I am hunting I have mysteriously and unknowingly given up my constitutional rights to be free of a government search.

That is what this guy is bitching about, not that a citation was issued but his property was searched with no consent, no exigent circumstances and obviously no reasonable suspicious as they were not even at the truck when they searched it. Where in the law does it say they have the right to do so. My brother told me they had the right to search cooler as it is a new law. I just want to read it myself. I have not been able to find anything of the sort in any of the law books. So for all the mind power we have on this forum can somebody please post a link to this new law? Please!

Posted By: R.T.

Re: Bit of A Rant - 12/13/10 03:37 AM

If it's wrong(illegal search) for them to search a cooler without permission, then you can ask for your day in court. How much you wanna bet you'll lose when it goes to trial?

Posted By: wal1809

Re: Bit of A Rant - 12/13/10 03:44 AM

Originally Posted By: Randy T
If it's wrong(illegal search) for them to search a cooler without permission, then you can ask for your day in court. How much you wanna bet you'll lose when it goes to trial?


It wont be a question of if I am found guilty or not. It will be a question of will the wardens conducting the illegal search be found liable as a result of the civil trial.

BTW do you have a link where they are allowed to search vehicles and the contents without the aforementioned requirements?

Posted By: R.T.

Re: Bit of A Rant - 12/13/10 04:01 AM

http://www.tpwd.state.tx.us/publications/annual/general/penalties/


Here you go.

INSPECTION AUTHORITY: A game warden who observes a person engaged in an activity governed by the Texas Parks and Wildlife Code or reasonably believes that a person is or has been engaged in such an activity may inspect:
1.any license, permit, tag, or other document issued by the department and required by the Texas Parks and Wildife Code of a person hunting or catching wildlife resources;
2.any device that may be used to hunt or catch a wildlife resource;
3.any wildlife resource in the person's possession; and
4.the contents of any container or receptacle that is commonly used to store or conceal a wildlife resource.





Posted By: wal1809

Re: Bit of A Rant - 12/13/10 04:04 AM

How did you find that so fast? I have been looking and asking for 2 days.

Posted By: R.T.

Re: Bit of A Rant - 12/13/10 04:10 AM

Called someone who deals with it on a daily basis. BTW, the search "rules" expansion for game wardens took effect in 04.

Posted By: sig226fan (Rguns.com)

Re: Bit of A Rant - 12/13/10 04:19 AM

Here's another one...
You guys are correct, they have no more criminal power than any other person, but they have a lot more leeway and a lower standard of proof... Once they enter a property to enforce game laws, and happen to find a crime, then it's a crime in their presence where they lawfully had a right to be....

It's their administrative powers that are nice to have around, plus they are some of the best walking LIE DETECTORS known to man...



Sec. 12.103. ENTERING LAND; USE OF INFORMATION OBTAINED BY ENTRY; CIVIL PENALTY. (a) To enforce the game and fish laws of the state and to conduct scientific investigations and research regarding wild game or fish, an authorized employee of the department may enter on any land or water where wild game or fish are known to range or stray. No action may be sustained against an employee of the department to prevent his entering on land or water when acting in his official capacity as described by this subsection.

Posted By: TDK

Re: Bit of A Rant - 12/13/10 04:22 AM

Like I said...if you dont like it, give up hunting. I truly appreciate you suggesting I am somehow an Obama supporter because I understand some of the laws. I dont like it as much as you, but it is what it is...

Posted By: sig226fan (Rguns.com)

Re: Bit of A Rant - 12/13/10 04:27 AM

Originally Posted By: TDK
Like I said...if you dont like it, give up hunting. I truly appreciate you suggesting I am somehow an Obama supporter because I understand some of the laws. I dont like it as much as you, but it is what it is...


Surely you meant to quote someone else, as I have no earthly idea what you are talking about??????????

Posted By: Chuck McDonald

Re: Bit of A Rant - 12/13/10 04:28 AM

A cooler in the truck is all a GW needs, if he finds game in the cooler the whole truck is fair game.

Posted By: TDK

Re: Bit of A Rant - 12/13/10 04:29 AM

No, not you. The original poster wanted to claim because I stated legal facts I was somehow the reason Obama is in office.

Posted By: QuackerJacks

Re: Bit of A Rant - 12/13/10 04:40 AM

Im with TDK on this, I might not agree with the laws but they are the laws, deal with it. If you are presumed to be hunting, you are subject to the laws, you look like a hunter, you get treated like a hunter. I apologize if I offend you but if you don't like it stop hunting. These laws are in place to protect what we all love to do. Not specifically from YOU or your friend but from people who break these laws. If someone gets caught with some pot do I care? No, but it's about enforcing the laws that are in place, no matter how trivial.

Posted By: Grendel 6.5

Re: Bit of A Rant - 12/13/10 02:16 PM

TDK, I was poking fun at you on Obama. However, I do think we as a population in this country are allowing a lot of things to happen that are of concern. Will the next step be that the GW can "legally" come into our home and search our freezer if we are a holder of a hunting license? My buddy was wrong and he will pay. I just am concerned things are gradually, but surely heading downhill with "big brother". Good discussion here and I can appreciate all points even the ones I may not totally agree with. Hope everyone has a good hunting season.

Posted By: Jasb

Re: Bit of A Rant - 12/13/10 02:27 PM

Your buddy broke the law and you post a rant??? Thats just sad.

Posted By: Grendel 6.5

Re: Bit of A Rant - 12/13/10 02:46 PM

Originally Posted By: Jasb
Your buddy broke the law and you post a rant??? Thats just sad.
.

Apparently, others have processed birds the same way in the past. You missed my point. Are we as a society going to one day be comfortable with house to house searches because we "may" have illegal drugs? Shouldn't be a problem since we know we are not involved in that sort of thing, right? According to one poster they followed a guy to his cabin. That's all I'm sayin'...

Posted By: devildog28

Re: Bit of A Rant - 12/13/10 02:50 PM

Talk about a backfire of a post.

Posted By: wal1809

Re: Bit of A Rant - 12/13/10 02:56 PM

Originally Posted By: Jasb
Your buddy broke the law and you post a rant??? Thats just sad.


No not really! It depends on how your looking at the rant. If it were clearly "I got a ticket and I am ticked" resulting from breaking a law, then yes it is not a worthy rant. If taken as I took it "I was searched and don't know why" then I understand.

I have been a cop for 22 years and had no idea of the specific state law in place, which obviously supercedes federal law. I don't know how much I like it. When I look at it from a law enforcement standpoint it is a good tool to use. When I look at it from a citizen's standpoint I get a little ruffled.

In my younger years as an officer I would not have looked twice at the law. My though process would be "Get the bad guy at all costs". Well the older I get the more history I read and the more information I retain as to how these rights came about. More importantly I recognize what the costs of human life were spent to ensure we have these rights.

Well over the years each of these rights are being eroded. It is like a sponge sucking the life out of our freedoms.

Example: Your rights to be free of a search, except in this instance (Game Laws).

Example : Your rights to keep and bear arms, with the exception of this kind
of firearm and you can carry it if you have a license,
such as a concealed handgun license.

These are simply two of the most clear amendmants we have and they have been gutted. I don't like it.

The only thing that stops me from a complete rant here is each and every game warden I have been in contact with has been a nice person. They have always asked for consent and it has always been granted. I have met some I totally disagree with but that is another issue. The issue I am speaking of is abuse of power. I have never felt abused by any game warden. They are a professional bunch.

Here is where I am torn with the law. We have given up this one freedom to be free of a random search as long as we are hunting. I didn't even know this was a law in effect. Now never have being abused by this law and always being treated well (other than a disagreement) Is a good thing. But what happens when one bad seed appears. Our rights to be free of searches are not in place. What law does a citizen get to rely upon if in the event a bad seed appears. How does he go about protecting himself. I have to say they have done well in the choices and training of the game wardens. These rights were not put in place to protect the citizen from the good officers, they were set in motion to give us the right to stop the bad ones.

Posted By: Jasb

Re: Bit of A Rant - 12/13/10 02:57 PM

Seems to me that you wanted him to get off with a warning and he broke three diffent game laws. This has zero to do with a search as he had reason to believe that game laws had been broken.....pay the fines and go about your business.

Posted By: TGO

Re: Bit of A Rant - 12/13/10 03:02 PM

I must agree with G6.5 on the encroachment of our constitutional rights here. They say you eat an an elephant one bite at a time. Same can be said for the constitution and Bill of Rights.

Posted By: Grendel 6.5

Re: Bit of A Rant - 12/13/10 03:13 PM

WAL1809, you get the actual issue here. My best friend is an FBI agent who served 35 years as an agent. His take on this was same as yours'. This is an erosion of rights. I agree with you that most GW's are guys. Laws protect us from abuse of power by the bad ones. Thanks for the input.

Posted By: Icouldbeyou

Re: Bit of A Rant - 12/13/10 03:26 PM

The OP's original rant was that he felt a warning would have been better than a ticket, which is ridiculous. A law was broke and a ticket was issued....everybody gets mad when the ticket gets issued to them or someone else in thier group, but are quick to say that gw's are never around when someone else is breaking the law and deserves a citation.
Now the OP is trying to change his rant to be an "illegal search" issue. It's funny to me that he states that he wasn't there when the "search" was conducted, but knows that it violated his constitutional rights. My guess is that the warden pulled up to the truck, had good reason to believe that the occupants were in the field hunting, saw a cooler and inspected the contents, saw a violation and decided to wait for the hunters. I would love to hear this warden's side of the story. That warden was doing exactly what the State of Texas hired him to do, and doing it in a way that the state allows him. Wardens are granted an inspection authority when dealing with hunting, fishing or water safety to protect our resources, if they weren't it would be detrimental to wildlife populations.

Posted By: Jasb

Re: Bit of A Rant - 12/13/10 03:27 PM

Originally Posted By: Icouldbeyou
The OP's original rant was that he felt a warning would have been better than a ticket, which is ridiculous. A law was broke and a ticket was issued....everybody gets mad when the ticket gets issued to them or someone else in thier group, but are quick to say that gw's are never around when someone else is breaking the law and deserves a citation.
Now the OP is trying to change his rant to be an "illegal search" issue. It's funny to me that he states that he wasn't there when the "search" was conducted, but knows that it violated his constitutional rights. My guess is that the warden pulled up to the truck, had good reason to believe that the occupants were in the field hunting, saw a cooler and inspected the contents, saw a violation and decided to wait for the hunters. I would love to hear this warden's side of the story. That warden was doing exactly what the State of Texas hired him to do, and doing it in a way that the state allows him. Wardens are granted an inspection authority when dealing with hunting, fishing or water safety to protec our resources, if they weren't it would be detrimental to wildlife populations.
up

Posted By: wal1809

Re: Bit of A Rant - 12/13/10 03:35 PM

Honestly I would rather there be no hunting at all than to give up the rights granted to us by the US constitution and it's amendments.

Posted By: helomech

Re: Bit of A Rant - 12/13/10 03:53 PM

Originally Posted By: WAL1809
Honestly I would rather there be no hunting at all than to give up the rights granted to us by the US constitution and it's amendments.


I agree.

Posted By: TGO

Re: Bit of A Rant - 12/13/10 04:06 PM

I agree. Many lives have been shed in protection of our rights and constitution. The ostrich who puts his head in the sand still gets it from behind. He just didn't see it coming. I guess that makes it all better. Time to wake up folks. OP nailed this one!

Posted By: Icouldbeyou

Re: Bit of A Rant - 12/13/10 04:14 PM

At what point are you giving up your constitutional rights? The Supreme Court is responsible for making sure that our constitutional rights are protected, and they have not deemed a warden's inspection authority unconstitutional. The legislture has granted inspection authority to gw's when it comes to certain activities. That is the only way it can be done, if protecting our resources is important. It is NOT the same as stopping a car on the highway and doing random searches for narcotics and other contraband. What a game warden is doing is not random, it is an inspection for resources, licenses, legal means etc...Hunting is a privilege, not a right, and with that you give up certain expectations of privacy while engaged in hunting and fishing. One day the state may change the authority of gw's and require probable cause to "search" a container that may be used to store game, if that does happen, then I'd imagine that bag limits and other regulations would be broken more than what they are already. Who wants that?

Posted By: bjepsen85

Re: Bit of A Rant - 12/13/10 04:15 PM

Originally Posted By: helomech
Originally Posted By: WAL1809
Honestly I would rather there be no hunting at all than to give up the rights granted to us by the US constitution and it's amendments.


I agree.


I'd have to think about that one. I mean, with no hunting, why would I even need the rights...

Posted By: ducknbass

Re: Bit of A Rant - 12/13/10 04:22 PM

not gonna read through the whole thing looks like it has gotten way off topic.

Fact is a lot of people ignore that law. I got a ticket for the same thing about 7 years ago. I thought since I was camping for a few days it was alright. NOPE

Then about 3 years ago I was up in the panhandle with an outfitter he started cleaning the sandhills that night at the hotel. I said "don't you need to leave a wing on those?"
"nah"
"well I got a ticket for that before"
"You dont have to worry about that"
Next day Game warden opens his cooler after the goose hunt

Lets just say I bet he worries about that now.

Posted By: Jasb

Re: Bit of A Rant - 12/13/10 04:22 PM

I love this, the OP is mad because the GW followed the law and busted his buddy who didnt?? The GW CAN LOOK IN THE COOLER......so are you guys mad about the law or the GW doing his job??

Posted By: txhunter24

Re: Bit of A Rant - 12/13/10 04:25 PM

Jasb its just ignorance thats all. My thoughts are if it is a law just follow it if you dont want any trouble. The man was just doing his job!!!

Posted By: wal1809

Re: Bit of A Rant - 12/13/10 04:37 PM

Originally Posted By: Icouldbeyou
At what point are you giving up your constitutional rights? The Supreme Court is responsible for making sure that our constitutional rights are protected, and they have not deemed a warden's inspection authority unconstitutional.
I am looking now to see if it has ever been challenged. That is the only way it can be reviewed by the Supreme Court.


The legislture has granted inspection authority to gw's when it comes to certain activities. That is the only way it can be done, if protecting our resources is important. It is NOT the same as stopping a car on the highway and doing random searches for narcotics and other contraband.
There are a lot of issues with this very subject and the Supreme Court has been very clear on the right to be free of a random search.

What a game warden is doing is not random, it is an inspection for resources, licenses, legal means etc...Hunting is a privilege, not a right, and with that you give up certain expectations of privacy while engaged in hunting and fishing. One day the state may change the authority of gw's and require probable cause to "search" a container that may be used to store game, if that does happen, then I'd imagine that bag limits and other regulations would be broken more than what they are already. Who wants that?


Certainly I don't want this to happen. I am just a red blooded American who believes there should be a brick wall twix us and government encroachment. I simply do not want to become a head buried in the sand type of person. I'll give an example. War rages on the border today right now. I can see the government coming up with "well since you are driving on a major drug corridor we have the right to stop and search" or "we have the right to conduct check points". (Which if you have ever been to south Texas you know they are already and have been in place). I get stopped and questioned everytime I come through there. I have had my truck inspected, boat inspected ect.

My point is where do we put the foot down. I don't know as I am a hunter and don't want our rescourses depleted. I will sstill hunt. I will remain in compliance and offer consent to search. I have nothing to hide. I just don't want to see an erosion of what was given to us. The sstopping of this erosion begins right here where people get together and talk about it. If we don't and we just shrug our shoulders then we are to blame.

Posted By: helomech

Re: Bit of A Rant - 12/13/10 04:45 PM

Originally Posted By: Icouldbeyou
At what point are you giving up your constitutional rights? The Supreme Court is responsible for making sure that our constitutional rights are protected, and they have not deemed a warden's inspection authority unconstitutional. The legislture has granted inspection authority to gw's when it comes to certain activities. That is the only way it can be done, if protecting our resources is important. It is NOT the same as stopping a car on the highway and doing random searches for narcotics and other contraband. What a game warden is doing is not random, it is an inspection for resources, licenses, legal means etc...Hunting is a privilege, not a right, and with that you give up certain expectations of privacy while engaged in hunting and fishing. One day the state may change the authority of gw's and require probable cause to "search" a container that may be used to store game, if that does happen, then I'd imagine that bag limits and other regulations would be broken more than what they are already. Who wants that?


WHAT PART DO YOU NOT GET? Seems to me you don't give a rats arse about the constitution in this case for sure. It does not matter if it is a right or not, you don't give up your rights no matter what happens. Even when someone is killed the murder still has rights.

Also the supreme court can only rule on a case that is brought before them. And speaking of the supreme court do you honestly believe they all give a crap about the constitution?


"Amendment 4 - Search and Seizure. Ratified 12/15/1791.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Care to show me in the above text where is says except game wardens, or unless you are hunting.

Posted By: TGO

Re: Bit of A Rant - 12/13/10 05:11 PM

This is why I will just stick with shooting feral hogs. No limit issues and if I find one with wings I'll be sure to leave it attached.

All kidding aside, the OP stated in his original post the issue of the search. So, read carefully before you comment that he is changing that. The GW was in compliance with the laws as they stand now. The law is flawed and invasive with regard to our constitutional rights. If you don't see that then you need to sit and think about it. National healthcare, discussion about gun control, restrictions on farmers about what they can and cannot do with the land they own, CPS dictating whether somebody can spank their child for acting up. The list goes on guys. That is the whole point to this thread.

Posted By: TGO

Re: Bit of A Rant - 12/13/10 05:17 PM

By the way, they will pop the wrong guy one of these days and he will have the resources and backbone to challenge this. Then, this practice will stop. Until then, they have free reign.

Posted By: QuackerJacks

Re: Bit of A Rant - 12/13/10 05:18 PM

Originally Posted By: helomech
[quote=Icouldbeyou]
"Amendment 4 - Search and Seizure. Ratified 12/15/1791.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Care to show me in the above text where is says except game wardens, or unless you are hunting.


What right was violated in this case? Game warden sees cooler, game warden has probable cause. I am a stanch supporter in the constitution and bill of rights, I see no problem with the GW in this case. As for other instances I agree there are problems but what can you expect, its been overruled and butchered for the past 200 years to where we no longer know what our rights are, that is for another thread though, nobody's rights were violated here though.

Posted By: helomech

Re: Bit of A Rant - 12/13/10 05:21 PM

I would like to know why is it that some of the ones that are so willing to argue about following the laws are okay with the government breaking the laws?

Posted By: helomech

Re: Bit of A Rant - 12/13/10 05:23 PM

Originally Posted By: JPF
Originally Posted By: helomech
[quote=Icouldbeyou]
"Amendment 4 - Search and Seizure. Ratified 12/15/1791.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Care to show me in the above text where is says except game wardens, or unless you are hunting.


What right was violated in this case? Game warden sees cooler, game warden has probable cause. I am a stanch supporter in the constitution and bill of rights, I see no problem with the GW in this case. As for other instances I agree there are problems but what can you expect, its been overruled and butchered for the past 200 years to where we no longer know what our rights are, that is for another thread though, nobody's rights were violated here though.


Did you read the amendment? Where does it say a search can be accomplished without a warrant? PLEASE SHOW ME. Where was the game wardens warrant with the oath, or affirmation, the place to be searched, and the person or things to be seized?

Posted By: TexasEd

Re: Bit of A Rant - 12/13/10 05:27 PM

Originally Posted By: JPF
Originally Posted By: helomech
[quote=Icouldbeyou]
"Amendment 4 - Search and Seizure. Ratified 12/15/1791.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Care to show me in the above text where is says except game wardens, or unless you are hunting.


What right was violated in this case? Game warden sees cooler, game warden has probable cause. I am a stanch supporter in the constitution and bill of rights, I see no problem with the GW in this case. As for other instances I agree there are problems but what can you expect, its been overruled and butchered for the past 200 years to where we no longer know what our rights are, that is for another thread though, nobody's rights were violated here though.


This is pretty clear and the people claiming that we have an erosion of rights on this are wrong. Sorry but you are.

Look up the 4th amendment to the constitution. Look at the game laws.

If you are hunting the GW has the right to search you, your cooler your gun, etc. Very clear, cut and dry.

If your buddy had not broken the law this would be a non-issue.

Posted By: TexasEd

Re: Bit of A Rant - 12/13/10 05:29 PM

Originally Posted By: helomech
Originally Posted By: JPF
Originally Posted By: helomech
[quote=Icouldbeyou]
"Amendment 4 - Search and Seizure. Ratified 12/15/1791.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Care to show me in the above text where is says except game wardens, or unless you are hunting.


What right was violated in this case? Game warden sees cooler, game warden has probable cause. I am a stanch supporter in the constitution and bill of rights, I see no problem with the GW in this case. As for other instances I agree there are problems but what can you expect, its been overruled and butchered for the past 200 years to where we no longer know what our rights are, that is for another thread though, nobody's rights were violated here though.


Did you read the amendment? Where does it say a search can be accomplished without a warrant? PLEASE SHOW ME. Where was the game wardens warrant with the oath, or affirmation, the place to be searched, and the person or things to be seized?


If you are so set on this being wrong I think you should get a lawyer and challenge it. It will be thrown out at every level.

Posted By: helomech

Re: Bit of A Rant - 12/13/10 05:40 PM

Originally Posted By: TexasEd
Originally Posted By: helomech
Originally Posted By: JPF
Originally Posted By: helomech
[quote=Icouldbeyou]
"Amendment 4 - Search and Seizure. Ratified 12/15/1791.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Care to show me in the above text where is says except game wardens, or unless you are hunting.


What right was violated in this case? Game warden sees cooler, game warden has probable cause. I am a stanch supporter in the constitution and bill of rights, I see no problem with the GW in this case. As for other instances I agree there are problems but what can you expect, its been overruled and butchered for the past 200 years to where we no longer know what our rights are, that is for another thread though, nobody's rights were violated here though.


Did you read the amendment? Where does it say a search can be accomplished without a warrant? PLEASE SHOW ME. Where was the game wardens warrant with the oath, or affirmation, the place to be searched, and the person or things to be seized?


If you are so set on this being wrong I think you should get a lawyer and challenge it. It will be thrown out at every level.


Your right about one thing, it would be thrown out, and I bet you don't even know why.

Also this statement right here shows to me you know NOTHING about the laws.

Why don't you explain to me how state law can supersede federal law? Again if you think that a game warden can search you without a warrant (I know they do it) than you either can't read the constitution or you don't give a crap about it. I know it happens, but that does not make it constitutional. You seem to be fine with the states or the federal government doing what they want even if it violates the constitution, just as long as every person obeys all the laws they put in place.

Posted By: helomech

Re: Bit of A Rant - 12/13/10 05:43 PM

Originally Posted By: TexasEd
Originally Posted By: JPF
Originally Posted By: helomech
[quote=Icouldbeyou]
"Amendment 4 - Search and Seizure. Ratified 12/15/1791.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Care to show me in the above text where is says except game wardens, or unless you are hunting.


What right was violated in this case? Game warden sees cooler, game warden has probable cause. I am a stanch supporter in the constitution and bill of rights, I see no problem with the GW in this case. As for other instances I agree there are problems but what can you expect, its been overruled and butchered for the past 200 years to where we no longer know what our rights are, that is for another thread though, nobody's rights were violated here though.


This is pretty clear and the people claiming that we have an erosion of rights on this are wrong. Sorry but you are.


Pretty clear you can't read a few sentences and understand them. The 4th amendment is not complicated.



Quote:
Look up the 4th amendment to the constitution. Look at the game laws.[/qutoe]

I did, even posted it above. Now show me in the 4th amendment where search is allowed without a warrant. Can't can you?

[quote]If you are hunting the GW has the right to search you, your cooler your gun, etc. Very clear, cut and dry.


Yes state law says that, not arguing that. But what I am saying is that state law is violating the 4th amendment.

Quote:
If your buddy had not broken the law this would be a non-issue.


My buddy, don't even know the guy.

Posted By: birddog14

Re: Bit of A Rant - 12/13/10 05:48 PM

Originally Posted By: Randy T
http://www.tpwd.state.tx.us/publications/annual/general/penalties/


Here you go.

INSPECTION AUTHORITY: A game warden who observes a person engaged in an activity governed by the Texas Parks and Wildlife Code or reasonably believes that a person is or has been engaged in such an activity may inspect:
1.any license, permit, tag, or other document issued by the department and required by the Texas Parks and Wildife Code of a person hunting or catching wildlife resources;
2.any device that may be used to hunt or catch a wildlife resource;
3.any wildlife resource in the person's possession; and
4.the contents of any container or receptacle that is commonly used to store or conceal a wildlife resource.





Posted By: bhunter

Re: Bit of A Rant - 12/13/10 06:25 PM

This is sort of on topic, back on the first of December I went deer hunting in San Angelo, on the third I was driving home almost to Abilene, this paticular area my GPS shows the speed limit of 70 but a DPS officer stopped me and told me that the speed limit was 60. He gave me a warning but what made me think of the situation is the fact while asking me all the usual questions I mentioned deer hunting and he wanted to see the tag on the body which in this case I kept the head. The meat was on ice in the chest, Im pretty sure if I didnt have that proof he would have called the GW and the warning would have been more that just that.

Posted By: Icouldbeyou

Re: Bit of A Rant - 12/13/10 06:25 PM

Originally Posted By: WAL1809
Originally Posted By: Icouldbeyou
At what point are you giving up your constitutional rights? The Supreme Court is responsible for making sure that our constitutional rights are protected, and they have not deemed a warden's inspection authority unconstitutional.
I am looking now to see if it has ever been challenged. That is the only way it can be reviewed by the Supreme Court.


The legislture has granted inspection authority to gw's when it comes to certain activities. That is the only way it can be done, if protecting our resources is important. It is NOT the same as stopping a car on the highway and doing random searches for narcotics and other contraband.
There are a lot of issues with this very subject and the Supreme Court has been very clear on the right to be free of a random search.

What a game warden is doing is not random, it is an inspection for resources, licenses, legal means etc...Hunting is a privilege, not a right, and with that you give up certain expectations of privacy while engaged in hunting and fishing. One day the state may change the authority of gw's and require probable cause to "search" a container that may be used to store game, if that does happen, then I'd imagine that bag limits and other regulations would be broken more than what they are already. Who wants that?


Certainly I don't want this to happen. I am just a red blooded American who believes there should be a brick wall twix us and government encroachment. I simply do not want to become a head buried in the sand type of person. I'll give an example. War rages on the border today right now. I can see the government coming up with "well since you are driving on a major drug corridor we have the right to stop and search" or "we have the right to conduct check points". (Which if you have ever been to south Texas you know they are already and have been in place). I get stopped and questioned everytime I come through there. I have had my truck inspected, boat inspected ect.

My point is where do we put the foot down. I don't know as I am a hunter and don't want our rescourses depleted. I will sstill hunt. I will remain in compliance and offer consent to search. I have nothing to hide. I just don't want to see an erosion of what was given to us. The sstopping of this erosion begins right here where people get together and talk about it. If we don't and we just shrug our shoulders then we are to blame.

Everybody is getting caught up in the word "search". Game Wardens are not "searching" anything, they have a right to inspect. I know that seems like semantics, but in the eyes of the law it is huge. If you know anything about the law, you know wording is everything. For example, a lot of people on here throw the phrases "probable cause" and "reasonable suspicion" around, and dont really know the meaning of either of them. They have two different meanings and with that comes different actions LEO's are allowed to take when each circumstance is reached.
Also, game wardens are not randomly searching people, they are inspecting people partaking in hunting, fishing and water safety. Show me in the 4th amendment were it protects against inspections. I'm just saying that it may seem trivial to nit pick on the wording, but there is a reason each and every word of the constitution, the penal code, the code of criminal procedure, the parks and wildlife code etc., was choosen, and that was for its specific meaning. The terms "robable case" and "reasonable suspicion" don't apply to GW when they are inspecting a hunter and his/her containers that may hold a resource, because it is not deemed a "search". Now when a violation is founded based on the "inspection", these terms come into play because to cite or arrest somebody, probable cause has to be present.
And the line HAS been drawn; at game wardens dealing with hunters and fisherman. The legislature hasn't given any other activities this same inspection authority. Why? I couldn't tell you, but as long as the game wardens have that ability, they should use it, because the law says they can.
Again it's NOT the same as a state trooper just pulling people over on the highway and conducting an unreasonable search.

Posted By: Justin T

Re: Bit of A Rant - 12/13/10 06:32 PM

Originally Posted By: WAL1809


Here is where I am torn with the law. We have given up this one freedom to be free of a random search as long as we are hunting. I didn't even know this was a law in effect. Now never have being abused by this law and always being treated well (other than a disagreement) Is a good thing. But what happens when one bad seed appears. Our rights to be free of searches are not in place. What law does a citizen get to rely upon if in the event a bad seed appears. How does he go about protecting himself. I have to say they have done well in the choices and training of the game wardens. These rights were not put in place to protect the citizen from the good officers, they were set in motion to give us the right to stop the bad ones.



Totally agree with that statement, but it is a tough thing to decide. If you make a law protecting the citizen, then how would you ever catch poachers?

Posted By: #Hayraker

Re: Bit of A Rant - 12/13/10 06:35 PM

when you open something to look inside it is searching, and the law is supposed to know specifically what they are searching for.

Posted By: Justin T

Re: Bit of A Rant - 12/13/10 06:36 PM

Originally Posted By: helomech


WHAT PART DO YOU NOT GET? Seems to me you don't give a rats arse about the constitution in this case for sure. It does not matter if it is a right or not, you don't give up your rights no matter what happens. Even when someone is killed the murder still has rights.

Also the supreme court can only rule on a case that is brought before them. And speaking of the supreme court do you honestly believe they all give a crap about the constitution?


"Amendment 4 - Search and Seizure. Ratified 12/15/1791.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Care to show me in the above text where is says except game wardens, or unless you are hunting.


I think that depends on if you think checking a cooler is reasonable or not.

Posted By: helomech

Re: Bit of A Rant - 12/13/10 06:41 PM

Changing the wording does not make it legal. The founders did not use every term possible to make a statement. Anyone with a brain knows that if a person in authority makes you open something to look in side they are searching it. Call it inspected or whatever you want, you and I both know that is not the intent the founders put in the constitution.

So if what you are saying is okay, than I can shoot at a deer out of season to inspect it, just can't hunt it right?

Posted By: helomech

Re: Bit of A Rant - 12/13/10 06:42 PM

Originally Posted By: Justin T
Originally Posted By: helomech


WHAT PART DO YOU NOT GET? Seems to me you don't give a rats arse about the constitution in this case for sure. It does not matter if it is a right or not, you don't give up your rights no matter what happens. Even when someone is killed the murder still has rights.

Also the supreme court can only rule on a case that is brought before them. And speaking of the supreme court do you honestly believe they all give a crap about the constitution?


"Amendment 4 - Search and Seizure. Ratified 12/15/1791.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Care to show me in the above text where is says except game wardens, or unless you are hunting.


I think that depends on if you think checking a cooler is reasonable or not.


That can be said about anything, everyone has a different point in what is reasonable and not.

Posted By: Icouldbeyou

Re: Bit of A Rant - 12/13/10 06:52 PM

Originally Posted By: Hayraker
when you open something to look inside it is searching, and the law is supposed to know specifically what they are searching for.


This is not entirely true. This is my point. If a game warden checks a person hunting or fishing and opens their cooler, then it is an "inspection". There is a difference. The same way a "pat-down" of a person, a "frisk" of a vehicle, or a "protective sweep" of a house is NOT deemed a "search".
Opening a cooler CAN be considered a "search" in some instances, and therefore the 4th amendment applies. For instance, an LEO on a traffic stop on a public road where there is no reason to belive that the person in the vehicle was engaged in any activity governed by TPWD, opening the cooler in the bed of his pickup truck based on inspection authority would be wrong. The LEO would need p.c., consent, or a warrant to go into the cooler.

Posted By: helomech

Re: Bit of A Rant - 12/13/10 06:57 PM

Originally Posted By: Icouldbeyou
Originally Posted By: Hayraker
when you open something to look inside it is searching, and the law is supposed to know specifically what they are searching for.


This is not entirely true. This is my point. If a game warden checks a person hunting or fishing and opens their cooler, then it is an "inspection". There is a difference. The same way a "pat-down" of a person, a "frisk" of a vehicle, or a "protective sweep" of a house is NOT deemed a "search".
Opening a cooler CAN be considered a "search" in some instances, and therefore the 4th amendment applies. For instance, an LEO on a traffic stop on a public road where there is no reason to belive that the person in the vehicle was engaged in any activity governed by TPWD, opening the cooler in the bed of his pickup truck based on inspection authority would be wrong. The LEO would need p.c., consent, or a warrant to go into the cooler.


All the things you mention are for officer protection, pat downs and such, way different. When you look in something to find out if a crime was committed that is a search, nothing else.

Posted By: Icouldbeyou

Re: Bit of A Rant - 12/13/10 07:08 PM

Originally Posted By: helomech
Originally Posted By: Icouldbeyou
Originally Posted By: Hayraker
when you open something to look inside it is searching, and the law is supposed to know specifically what they are searching for.


This is not entirely true. This is my point. If a game warden checks a person hunting or fishing and opens their cooler, then it is an "inspection". There is a difference. The same way a "pat-down" of a person, a "frisk" of a vehicle, or a "protective sweep" of a house is NOT deemed a "search".
Opening a cooler CAN be considered a "search" in some instances, and therefore the 4th amendment applies. For instance, an LEO on a traffic stop on a public road where there is no reason to belive that the person in the vehicle was engaged in any activity governed by TPWD, opening the cooler in the bed of his pickup truck based on inspection authority would be wrong. The LEO would need p.c., consent, or a warrant to go into the cooler.


All the things you mention are for officer protection, pat downs and such, way different. When you look in something to find out if a crime was committed that is a search, nothing else.

They are different, but they are examples of how an intrusion into someone's property or personal belongings can be deemed NOT a "search" by the courts. Simply trying to show that what a GW does when he looks into you cooler is NOT a "search", it is an "inspection". When an officer performs a "pat-down" it is not a "search", it is a "pat-down" etc....

Posted By: helomech

Re: Bit of A Rant - 12/13/10 07:14 PM

Originally Posted By: Icouldbeyou
Originally Posted By: helomech
Originally Posted By: Icouldbeyou
Originally Posted By: Hayraker
when you open something to look inside it is searching, and the law is supposed to know specifically what they are searching for.


This is not entirely true. This is my point. If a game warden checks a person hunting or fishing and opens their cooler, then it is an "inspection". There is a difference. The same way a "pat-down" of a person, a "frisk" of a vehicle, or a "protective sweep" of a house is NOT deemed a "search".
Opening a cooler CAN be considered a "search" in some instances, and therefore the 4th amendment applies. For instance, an LEO on a traffic stop on a public road where there is no reason to belive that the person in the vehicle was engaged in any activity governed by TPWD, opening the cooler in the bed of his pickup truck based on inspection authority would be wrong. The LEO would need p.c., consent, or a warrant to go into the cooler.


All the things you mention are for officer protection, pat downs and such, way different. When you look in something to find out if a crime was committed that is a search, nothing else.

They are different, but they are examples of how an intrusion into someone's property or personal belongings can be deemed NOT a "search" by the courts. Simply trying to show that what a GW does when he looks into you cooler is NOT a "search", it is an "inspection". When an officer performs a "pat-down" it is not a "search", it is a "pat-down" etc....


Not saying the courts have not leaned that way. My point is I can read, and understand things for myself. I know it is just a way for the government to wiggle around the constitution. Even though we both know exactly what they are doing when they open that cooler. To call it an inspection is just an insult to anyone that can actually think for themselves.

Do you really believe they are not SEARCHING for proof a crime was committed? If it is a inspection than no punishment should be allowed for what is found. That is the whole purpose of the 4th amendment. It is to stop law enforcement from digging through what they want looking for a crime.

Posted By: Justin T

Re: Bit of A Rant - 12/13/10 07:30 PM

Originally Posted By: helomech
Originally Posted By: Justin T
Originally Posted By: helomech


WHAT PART DO YOU NOT GET? Seems to me you don't give a rats arse about the constitution in this case for sure. It does not matter if it is a right or not, you don't give up your rights no matter what happens. Even when someone is killed the murder still has rights.

Also the supreme court can only rule on a case that is brought before them. And speaking of the supreme court do you honestly believe they all give a crap about the constitution?


"Amendment 4 - Search and Seizure. Ratified 12/15/1791.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Care to show me in the above text where is says except game wardens, or unless you are hunting.


I think that depends on if you think checking a cooler is reasonable or not.


That can be said about anything, everyone has a different point in what is reasonable and not.


I'm not sure with where I stand. But these are amendments to the constitution. They are a change from the original. So new laws are made, and the constitution is amended. I have a feeling if GWs were not allowed to search a cooler, no one would ever be caught, and there would be a lot of complaining. Are you concerned about this law, or the laws it could lead to? This particular law doesn't bother me at all. I'd be concerned if this led to a cop wanting to randomly search my house.

Posted By: cable

Re: Bit of A Rant - 12/13/10 07:32 PM

Originally Posted By: Chuck McDonald
A cooler in the truck is all a GW needs, if he finds game in the cooler the whole truck is fair game.


Well he would either be: sorely dissapointed or pleasantly surpised when he opens up my cooler and all he finds is Miller Lite!

Posted By: Tuoms

Re: Bit of A Rant - 12/13/10 07:35 PM

Originally Posted By: cable
Originally Posted By: Chuck McDonald
A cooler in the truck is all a GW needs, if he finds game in the cooler the whole truck is fair game.


Well he would either be: sorely dissapointed or pleasantly surpised when he opens up my cooler and all he finds is Miller Lite!


Prob disappointed bc it's miller lite!

Posted By: cable

Re: Bit of A Rant - 12/13/10 07:36 PM

LOL ^^^^^

Posted By: helomech

Re: Bit of A Rant - 12/13/10 07:39 PM

Originally Posted By: Justin T
Originally Posted By: helomech
Originally Posted By: Justin T
Originally Posted By: helomech


WHAT PART DO YOU NOT GET? Seems to me you don't give a rats arse about the constitution in this case for sure. It does not matter if it is a right or not, you don't give up your rights no matter what happens. Even when someone is killed the murder still has rights.

Also the supreme court can only rule on a case that is brought before them. And speaking of the supreme court do you honestly believe they all give a crap about the constitution?


"Amendment 4 - Search and Seizure. Ratified 12/15/1791.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Care to show me in the above text where is says except game wardens, or unless you are hunting.


I think that depends on if you think checking a cooler is reasonable or not.


That can be said about anything, everyone has a different point in what is reasonable and not.


I'm not sure with where I stand. But these are amendments to the constitution. They are a change from the original. So new laws are made, and the constitution is amended. I have a feeling if GWs were not allowed to search a cooler, no one would ever be caught, and there would be a lot of complaining. Are you concerned about this law, or the laws it could lead to? This particular law doesn't bother me at all. I'd be concerned if this led to a cop wanting to randomly search my house.


What is to stop that? They could just say they are inspecting your house. The act itself does not bother me, the part that bothers me is the fact that the government seems to break all the laws it wants, with nothing to stop them.

This is just like gun laws. Do you think it is within the bounds of the constitution for a city like Chicago to not allow guns to its residents? It has been that way for a while, I want to know if you think that is a violation of the constitution?

Posted By: Jasb

Re: Bit of A Rant - 12/13/10 07:44 PM

What about a vehicle inventory after an arrest??? It's not a search but lots of things have been found....

Posted By: helomech

Re: Bit of A Rant - 12/13/10 07:51 PM

Originally Posted By: Jasb
What about a vehicle inventory after an arrest??? It's not a search but lots of things have been found....


Not sure where I stand on that. I would say a warrant should still be required, should not be hard to get after an arrest.
And if it is truly just and inventory, IMO anything found should be treated just as if there was no warrant, and should not be allowed in court.

Posted By: ducknbass

Re: Bit of A Rant - 12/13/10 08:07 PM

Guys no matter how much you argue on the THF no one is going to change their minds, the GW's will not change the way they work, and the Constitution will not be changed.

Posted By: helomech

Re: Bit of A Rant - 12/13/10 08:10 PM

Originally Posted By: ducknbass
Guys no matter how much you argue on the THF no one is going to change their minds, the GW's will not change the way they work, and the Constitution will not be changed.


Unfortunately you are right. The constitution will just continue to be crapped on. Only way to change it, is for things to get bloody.

Posted By: Jasb

Re: Bit of A Rant - 12/13/10 08:12 PM

Originally Posted By: helomech
Originally Posted By: ducknbass
Guys no matter how much you argue on the THF no one is going to change their minds, the GW's will not change the way they work, and the Constitution will not be changed.


Unfortunately you are right. The constitution will just continue to be crapped on. Only way to change it, is for things to get bloody.
Wow

Posted By: helomech

Re: Bit of A Rant - 12/13/10 08:14 PM

Originally Posted By: Jasb
Originally Posted By: helomech
Originally Posted By: ducknbass
Guys no matter how much you argue on the THF no one is going to change their minds, the GW's will not change the way they work, and the Constitution will not be changed.


Unfortunately you are right. The constitution will just continue to be crapped on. Only way to change it, is for things to get bloody.
Wow


By that I mean a civil war.

Posted By: bjepsen85

Re: Bit of A Rant - 12/13/10 08:20 PM

Originally Posted By: helomech
Originally Posted By: Jasb
Originally Posted By: helomech
Originally Posted By: ducknbass
Guys no matter how much you argue on the THF no one is going to change their minds, the GW's will not change the way they work, and the Constitution will not be changed.


Unfortunately you are right. The constitution will just continue to be crapped on. Only way to change it, is for things to get bloody.
Wow


By that I mean a civil war.


I think we all know what you meant. However, the only way isn't blood.

Posted By: helomech

Re: Bit of A Rant - 12/13/10 08:22 PM

Originally Posted By: bjepsen85


I think we all know what you meant. However, the only way isn't blood.


I disagree, there is no other way the government is going to give up power. Power is either given up or taken.

Posted By: wal1809

Re: Bit of A Rant - 12/13/10 08:24 PM

I dont see this as an arguement at all. A lot of us including me have learned a valuable lesson, like exactly what the law is and what the law allows the wardens to do.

I am still on the fence of whether I like it or not. I kind of think my feathers are ruffled. I watched that new series on tv the other day about the California game wardens. At one point they just walked into a house. I know they had a warrant but I was unclear if the arrest warrant was for a search also.

Posted By: bjepsen85

Re: Bit of A Rant - 12/13/10 08:25 PM

Originally Posted By: helomech
Originally Posted By: bjepsen85


I think we all know what you meant. However, the only way isn't blood.


I disagree, there is no other way the government is going to give up power. Power is either given up or taken.


You don't have to take it with blood though. Killing people isn't the only answer. I guess your binocular straps are just better than mine...

Posted By: helomech

Re: Bit of A Rant - 12/13/10 08:26 PM

Originally Posted By: bjepsen85
Originally Posted By: helomech
Originally Posted By: bjepsen85


I think we all know what you meant. However, the only way isn't blood.


I disagree, there is no other way the government is going to give up power. Power is either given up or taken.


You don't have to take it with blood though. Killing people isn't the only answer. I guess your binocular straps are just better than mine...


Get the government to relinquish some its power then.

Posted By: Judd

Re: Bit of A Rant - 12/13/10 08:29 PM

We're going to killing over a GW being able to look in coolers and a guy getting a ticket for an offense that guilt was admitted eek2

Posted By: helomech

Re: Bit of A Rant - 12/13/10 08:30 PM

Originally Posted By: Judd
We're going to killing over a GW being able to look in coolers and a guy getting a ticket for an offense that guilt was admitted eek2


No, follow along. It is about government overstepping its bounds in every facet of your and my daily life. It appears you just don't see it.

Anyways I am off to sit in the deer stand, yall have fun.

Posted By: bjepsen85

Re: Bit of A Rant - 12/13/10 08:31 PM

Originally Posted By: helomech
Originally Posted By: bjepsen85
Originally Posted By: helomech
Originally Posted By: bjepsen85


I think we all know what you meant. However, the only way isn't blood.


I disagree, there is no other way the government is going to give up power. Power is either given up or taken.


You don't have to take it with blood though. Killing people isn't the only answer. I guess your binocular straps are just better than mine...


Get the government to relinquish some its power then.


Who would you like them to give it to? You don't get what you want by starting a war with your own country, that is why we have law making processes. If you want to change something, do it the right way, go and vote or run for office. Talking about taking blood from the government is only going to make yourself look stupid. This is not the 1800's anymore, as much as you want it to be, things are different now and that kind of crap doesn't happen anymore.

Posted By: Judd

Re: Bit of A Rant - 12/13/10 08:33 PM

Originally Posted By: helomech
Originally Posted By: Judd
We're going to killing over a GW being able to look in coolers and a guy getting a ticket for an offense that guilt was admitted eek2


No, follow along. It is about government overstepping its bounds in every facet of your and my daily life. It appears you just don't see it.

Anyways I am off to sit in the deer stand, yall have fun.


Oh I have been following along...the state gov't is stepping on your 4th ammendment right and you are ready to kill people to get it changed. Did I sum it up pretty well? wink

Sounds like you need some time in the deer stand helo...take some deep breaths man.

Posted By: bjepsen85

Re: Bit of A Rant - 12/13/10 08:37 PM

Originally Posted By: Judd
Originally Posted By: helomech
Originally Posted By: Judd
We're going to killing over a GW being able to look in coolers and a guy getting a ticket for an offense that guilt was admitted eek2


No, follow along. It is about government overstepping its bounds in every facet of your and my daily life. It appears you just don't see it.

Anyways I am off to sit in the deer stand, yall have fun.


Oh I have been following along...the state gov't is stepping on your 4th ammendment right and you are ready to kill people to get it changed. Did I sum it up pretty well? wink

Sounds like you need some time in the deer stand helo...take some deep breaths man.


up Maybe he will calm down a little out there.

Posted By: wal1809

Re: Bit of A Rant - 12/13/10 08:41 PM

Well I was all for a good old discussion and was right behind you helomech until the blood part showed up. I don't want to war with anyone. I don't want to hurt anyone and I don't believe a game warden looking into my cooler would warrant such an action. I would rather write a letter to my reps and congs and vote towards whomever I believe would do what is right.

Posted By: Grendel 6.5

Re: Bit of A Rant - 12/13/10 09:00 PM

Originally Posted By: WAL1809
Well I was all for a good old discussion and was right behind you helomech until the blood part showed up. I don't want to war with anyone. I don't want to hurt anyone and I don't believe a game warden looking into my cooler would warrant such an action. I would rather write a letter to my reps and congs and vote towards whomever I believe would do what is right.


Amen, none of this is worth going postal. However, I still say too much leeway is allowed and can be abused. Hell, my buddy and I shook hands with the GW after all was said and done. I still disagreed.

Posted By: SpotterBull

Re: Bit of A Rant - 12/13/10 09:33 PM

Too tired to read through all of the posts. One thing I saw was someone disputing that game wardens aren't supposed to do anything on private land...here is what Texas Parks & Wildlife Code has to say about that. Search through it yourself.

Chapter 12: Powers & Duties Concerning Wildlife
http://law.onecle.com/texas/parks/chapter12.html

Section 12.102: Inspection of Wildlife Resources
http://law.onecle.com/texas/parks/12.102.00.html

Section 12.103: Entering Land; Use of Info Obtained by Entry
http://law.onecle.com/texas/parks/12.103.00.html

Section 12.104: Right to Search and Inspect
http://law.onecle.com/texas/parks/12.104.00.html

I know of game wardens that make more marijuana busts and meth busts than busts for bag limits and poaching. Several small (West Texas) towns don't have the authorities to help control criminal activity so Game Warden's do lend a hand. I know I think the GW does abuse his right and I have witnessed it first hand...but that is another story.

Posted By: Tin_star_ranch

Re: Bit of A Rant - 12/13/10 09:37 PM

Here are a few,


Inspection:
http://www.statutes.legis.state.tx.us/Docs/PW/htm/PW.12.htm#12.102

Entering Private Land:
http://www.statutes.legis.state.tx.us/Docs/PW/htm/PW.12.htm#12.104


Next question?

Posted By: firefightnjoey

Re: Bit of A Rant - 12/13/10 09:38 PM

This is a very interesting thread ... finally wanted to weigh in a little.

I have a feeling we're all walking a line and are right on both sides. Helomech, the way things get corrected is some poor sap getting rear-ended and then having the means and will to fight the system through its own checks and balances. Not through bloodshed.

I found this and thought it was valid to this argument. Read post towards bottom by Boyd Kennedy who outlines the code sections. See Texas Penal Code Sections 12.102 and 31.124

How do you think the new law passed a year or so ago that states your vehicle is an extension of your home. That is the reason you can carry a handgun in your vehicle now. How many of all these laws did this one affect?

Posted By: Tin_star_ranch

Re: Bit of A Rant - 12/13/10 09:48 PM

All Texas Game Wardens have a dual-commission through the U.S. Department of the Interior..so they do have a bit more bite than any other Texas Peace officer. I'm just sayin'.

Posted By: Marcstar

Re: Bit of A Rant - 12/13/10 09:51 PM

Wow...you guys have given this a lot of thought. Something from the original post that was never discussed or brought up. I thought it was kind of chicken chit that the dude that got a ticket was so upset that he just packed it up and went home. Screw that.

You know what makes me feel better? Shooting a duck, goose, pheasant, dove, sandhill crane, etc right in the face. I mean blow his bill clean off...it warms my heart. Sometimes you just have to say...well it was BS but I was wrong and a ticket was a very likely outcome...and move on. There is plenty of time to think about the ifs and buts later in the week why ruin the rest of the weekend over it.

Posted By: ducknbass

Re: Bit of A Rant - 12/13/10 09:55 PM

Originally Posted By: Marcstar


You know what makes me feel better? Shooting a duck, goose, pheasant, dove, sandhill crane, etc right in the face. I mean blow his bill clean off...it warms my heart.


I always try, and end up knocking a few tail feathers out of place.

Posted By: Grendel 6.5

Re: Bit of A Rant - 12/13/10 10:03 PM

Originally Posted By: Marcstar
Wow...you guys have given this a lot of thought. Something from the original post that was never discussed or brought up. I thought it was kind of chicken chit that the dude that got a ticket was so upset that he just packed it up and went home. Screw that.

You know what makes me feel better? Shooting a duck, goose, pheasant, dove, sandhill crane, etc right in the face. I mean blow his bill clean off...it warms my heart. Sometimes you just have to say...well it was BS but I was wrong and a ticket was a very likely outcome...and move on. There is plenty of time to think about the ifs and buts later in the week why ruin the rest of the weekend over it.

Yep, ruined the rest of my trip too. Had to come and get drug along with the wife Christmas shopping.


Posted By: Marcstar

Re: Bit of A Rant - 12/13/10 10:08 PM

Wasnt it your truck? I'd been like...yeah it sucks you got a ticket bud but we came to do two things this weekend...kills some birds and drink some beer...and in this case we are not out of either.

There are reasons why you would end hunts....plenty of good reasons...but that isnt one of them.

Posted By: bjepsen85

Re: Bit of A Rant - 12/13/10 10:21 PM

Yeah that sounds like a vag move....

Posted By: GreyDuck

Re: Bit of A Rant - 12/13/10 11:08 PM

Interesting thread.

There is a solution to part of the problem though. Open the TPWD website and read and learn all of the rules regarding duck hunting. Once that happens, you never have to worry about game violations. End of story.

Posted By: nogeese

Re: Bit of A Rant - 12/13/10 11:51 PM

well I just read the entire thread... and I have 1 question for all of the people who said somethin along the lines of "you broke the law you should get a ticket" etc...

I am curious as to how many of you do not go hunting if you have 12 ducks in your freezer???

and if you do go duck hunting with 12 (or more) birds in your freezer then you are just as guility as the guy that got busted for not leaving a wing on the birds.

Or how many times have you had more than 6 birds in a pile together? I bet I can go back and find 100's of pictures on here...

I think the point is I think the GW could have handled it differently. instead of "probable cause" and all of that garbage... how about common sence and profesional courtsey.

I think the wing on the bird is a lame rule... have you ever tried to clean a duck and leave a wing on it??? it is a pain..

and the same can be said for the Possession limit, or putting all the birds in a pile for the "glory shot".

Just because they are laws dosent mean they cant be stupid.



Posted By: cable

Re: Bit of A Rant - 12/14/10 12:02 AM

I agree with Nogeese, I have 500 pictures on my computer of a pile of more than 6 ducks. However, if you break the law then prepare to pay the fine if you get caught. He broke the law, he got caught. No different than getting a speeding ticket. Now blatantly violating bag limits and actual in the field hunting regulations is a different story. See Jeff Foiles nuts

Posted By: helomech

Re: Bit of A Rant - 12/14/10 12:14 AM

Originally Posted By: WAL1809
Well I was all for a good old discussion and was right behind you helomech until the blood part showed up. I don't want to war with anyone. I don't want to hurt anyone and I don't believe a game warden looking into my cooler would warrant such an action. I would rather write a letter to my reps and congs and vote towards whomever I believe would do what is right.


Sounds like I need to explain a few things. I don't want a war, or bloodshed. I just firmly believe that voting, writing and so on will do no good. I believe the only way we will ever get the government we are supposed to have is to take it. I doubt it will ever happen though.

Also this has almost nothing to do with a game warden looking in a ice chest. That is what just brought it out. It is about the government abusing every power they have, and controlling every part of your life, whether you realize it or not. Now I hope that clears things up.

Posted By: Icouldbeyou

Re: Bit of A Rant - 12/14/10 12:15 AM

Who would have thought that the guy that has "SECEDE" as his tagline is talking about civil war and bloodshed?
Whether you like it not power is giving and taken away by words and they're meanings. Is it really feasable to expect a game warden to have reasonable suspicion of a hunter before they are allowed to contact him and check his license? If that were the case we might as well not have gw's, how would they uphold any of the regulations that deal with wildlife?

Posted By: Hopedale

Re: Bit of A Rant - 12/14/10 12:22 AM

It tool dang near 2 hours to scroll down to the end of this thing



Posted By: helomech

Re: Bit of A Rant - 12/14/10 12:30 AM

Originally Posted By: Icouldbeyou
Who would have thought that the guy that has "SECEDE" as his tagline is talking about civil war and bloodshed?


Apparently you have no idea what a secession is? Do you understand the difference between secession and civil war? Try to do some research please.

Posted By: Grendel 6.5

Re: Bit of A Rant - 12/14/10 12:49 AM

I'm not sure how many licensed hunters there are in Texas or game wardens. Let's just say 10,000 hunters and 1,000 GW's. Seems a little courtesy would be better PR and 11,000 guys and gals work together in an atmosphere of mutual respect and cooperation. Instead there is a divide and negative feeling toward the actions of "some" GW's. More than 2/3 of the hunters I have discussed this with not aware they have those powers or about the wing law.

I know I'm gonna read up on the regs now. Probably some other stuff I don't know. ...

Posted By: QuackerJacks

Re: Bit of A Rant - 12/14/10 01:08 AM

I agree that there are a load of crappy laws out there...the group shot pictures with all the birds together, that is technically illegal, but no GW will ticket you for that. They make stupid laws like this to be able to catch the people who are violating the possession limits and are actually committing crimes. Do I have to agree with them? No, do I have to obey them? Yes, it's one of the responsibilities of living in the good ole US of A. I am a vet and I am proud to be one, I might not always agree but in the scheme of things a little dumb here and there, allowing us to continue to do the things we love to do is alright with me. Fed overstepping their boundaries is never good but states are stepping up and fighting back, so apparently someone is listening...look at what is happening in Virginia

Posted By: cable

Re: Bit of A Rant - 12/14/10 01:15 AM

Originally Posted By: Grendel 6.5
I'm not sure how many licensed hunters there are in Texas or game wardens. Let's just say 10,000 hunters and 1,000 GW's. Seems a little courtesy would be better PR and 11,000 guys and gals work together in an atmosphere of mutual respect and cooperation. Instead there is a divide and negative feeling toward the actions of "some" GW's. More than 2/3 of the hunters I have discussed this with not aware they have those powers or about the wing law.

I know I'm gonna read up on the regs now. Probably some other stuff I don't know. ...


There are between 350,000 - 500,000 deer taken in Texas each year. 11,000 hunters ain't doing that. That doesn't even include those who aren't deer hunting. Many dove, waterfowl and upland hunters never deer hunt. I am not sure how many hunting licenses TPWD sells each year but I bet it's closer to 750,000.

Posted By: Heisman25g

Re: Bit of A Rant - 12/14/10 01:19 AM

I don't hunt deer.

Posted By: deckhand

Re: Bit of A Rant - 12/14/10 02:27 AM

Originally Posted By: cable
Originally Posted By: Grendel 6.5
I'm not sure how many licensed hunters there are in Texas or game wardens. Let's just say 10,000 hunters and 1,000 GW's. Seems a little courtesy would be better PR and 11,000 guys and gals work together in an atmosphere of mutual respect and cooperation. Instead there is a divide and negative feeling toward the actions of "some" GW's. More than 2/3 of the hunters I have discussed this with not aware they have those powers or about the wing law.

I know I'm gonna read up on the regs now. Probably some other stuff I don't know. ...


There are between 350,000 - 500,000 deer taken in Texas each year. 11,000 hunters ain't doing that. That doesn't even include those who aren't deer hunting. Many dove, waterfowl and upland hunters never deer hunt. I am not sure how many hunting licenses TPWD sells each year but I bet it's closer to 750,000.
Cable you forgot to add in all the fishing licenses sold in the outdoor loving state of Texas. Just as a guess but I think it maybe a 1000:1 ratio of hunter/fisherman to GWs. They are only enforcing the laws put on the books by the same people we elected to office. If you do not like the laws change the mind of the elected, or just change the elected.

Posted By: GreyDuck

Re: Bit of A Rant - 12/14/10 04:23 AM

Originally Posted By: nogeese
well I just read the entire thread... and I have 1 question for all of the people who said somethin along the lines of "you broke the law you should get a ticket" etc...

I am curious as to how many of you do not go hunting if you have 12 ducks in your freezer???

and if you do go duck hunting with 12 (or more) birds in your freezer then you are just as guility as the guy that got busted for not leaving a wing on the birds.

Or how many times have you had more than 6 birds in a pile together? I bet I can go back and find 100's of pictures on here...

I think the point is I think the GW could have handled it differently. instead of "probable cause" and all of that garbage... how about common sence and profesional courtsey.

I think the wing on the bird is a lame rule... have you ever tried to clean a duck and leave a wing on it??? it is a pain..

and the same can be said for the Possession limit, or putting all the birds in a pile for the "glory shot".

Just because they are laws dosent mean they cant be stupid.



Hate to disagree but the wing law is not stupid. It keeps people honest. A hunter could go out and shoot 6 Pintails and breast them while out in the marsh. When the GW pulls up, he could tell him that he has 6 wigeon and be on his way having broken a law and overshooting a species that needs protection.

Posted By: Duck25

Re: Bit of A Rant - 12/14/10 04:41 AM

Black Laws's Dictionary for everyone for Christmas!

http://www.blackslawdictionary.com/Home/Default.aspx

I love Game Warden post!

Posted By: nogeese

Re: Bit of A Rant - 12/14/10 02:47 PM

Originally Posted By: GreyDuck
Originally Posted By: nogeese
well I just read the entire thread... and I have 1 question for all of the people who said somethin along the lines of "you broke the law you should get a ticket" etc...

I am curious as to how many of you do not go hunting if you have 12 ducks in your freezer???

and if you do go duck hunting with 12 (or more) birds in your freezer then you are just as guility as the guy that got busted for not leaving a wing on the birds.

Or how many times have you had more than 6 birds in a pile together? I bet I can go back and find 100's of pictures on here...

I think the point is I think the GW could have handled it differently. instead of "probable cause" and all of that garbage... how about common sence and profesional courtsey.

I think the wing on the bird is a lame rule... have you ever tried to clean a duck and leave a wing on it??? it is a pain..

and the same can be said for the Possession limit, or putting all the birds in a pile for the "glory shot".

Just because they are laws dosent mean they cant be stupid.



Hate to disagree...


OK then don't....



and while you are at it please turn yourself in for putting all your birds together... after all, that law is there to "Keep people honest"



Posted By: ducknbass

Re: Bit of A Rant - 12/14/10 02:51 PM

Originally Posted By: nogeese


I think the wing on the bird is a lame rule... have you ever tried to clean a duck and leave a wing on it??? it is a pain..


Just because they are laws dosent mean they cant be stupid.



Oh yeah I have "tried" I do it everytime I am out of town hunting. WHich is a few times a year. It is not that hard. I dont think it is a dumb law, and if you have a hard time leaving a wing on... Well..... Ah....

Well lets just stop with leaving a wing on is not difficult.

Posted By: nogeese

Re: Bit of A Rant - 12/14/10 03:00 PM

Originally Posted By: ducknbass
Originally Posted By: nogeese


I think the wing on the bird is a lame rule... have you ever tried to clean a duck and leave a wing on it??? it is a pain..


Just because they are laws dosent mean they cant be stupid.



Oh yeah I have "tried" I do it everytime I am out of town hunting. WHich is a few times a year. It is not that hard. I dont think it is a dumb law, and if you have a hard time leaving a wing on... Well..... Ah....

Well lets just stop with leaving a wing on is not difficult.


well thanks for you opinion.

Posted By: Judd

Re: Bit of A Rant - 12/14/10 03:04 PM

Originally Posted By: nogeese
Originally Posted By: ducknbass
Originally Posted By: nogeese


I think the wing on the bird is a lame rule... have you ever tried to clean a duck and leave a wing on it??? it is a pain..


Just because they are laws dosent mean they cant be stupid.



Oh yeah I have "tried" I do it everytime I am out of town hunting. WHich is a few times a year. It is not that hard. I dont think it is a dumb law, and if you have a hard time leaving a wing on... Well..... Ah....

Well lets just stop with leaving a wing on is not difficult.


well thanks for you opinion.


Let's just say you don't want mine grin wink

Posted By: TexasEd

Re: Bit of A Rant - 12/14/10 03:47 PM

Originally Posted By: ducknbass
Originally Posted By: nogeese


I think the wing on the bird is a lame rule... have you ever tried to clean a duck and leave a wing on it??? it is a pain..


Just because they are laws dosent mean they cant be stupid.



Oh yeah I have "tried" I do it everytime I am out of town hunting. WHich is a few times a year. It is not that hard. I dont think it is a dumb law, and if you have a hard time leaving a wing on... Well..... Ah....

Well lets just stop with leaving a wing on is not difficult.


Learned the right way to do it last weekend. The 6 guys from CenTex brought home 72 birds all with wings attached.

If obeying the law is too hard give up hunting or accept your ticket and pay the fine when you get caught.

Posted By: TexasEd

Re: Bit of A Rant - 12/14/10 04:00 PM

I just thought that after 7 pages maybe we should see just what the law states:

Here is the link

Quote:
Texas Administrative Code

TITLE 31 NATURAL RESOURCES AND CONSERVATION
PART 2 TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 65 WILDLIFE
SUBCHAPTER N MIGRATORY GAME BIRD PROCLAMATION
RULE §65.312 Possession of Migratory Game Birds
(a) For all migratory birds taken for which there is a possession limit, the possession limit shall apply until the birds have reached the personal residence of the possessor and are finally processed.

(b) A person may give, leave, receive, or possess any species of legally taken migratory game birds, or parts of birds, that are protected by a bag or possession limit, if the birds are accompanied by a wildlife resource document (WRD) from the person who killed the birds. For example, a WRD is required if the birds are being transported by another person for the hunter, or if the birds have been left for cleaning, storage (including temporary storage), shipment, or taxidermy services. The WRD is not required of a person who lawfully killed the birds to possess the birds, or if the birds are transferred at the personal residence of the donor or donee. If the birds have been finally processed at a cold storage or processing facility and a person transports more than a legal possession limit, then a WRD must accompany the birds in excess of the possession limit until they reach the permanent residence of the possessor. A properly executed WRD satisfies the tagging requirements of 50 CFR Part 20. Except as provided in this subsection, a WRD shall accompany the birds until the birds reach their final destination and must contain the following information:

(1) the name, signature, address, and hunting license number of the person who killed the birds;

(2) the name of the person receiving the birds;

(3) the number and species of birds or parts;

(4) the date the birds were killed; and

(5) the location where the birds were killed (e.g., name of ranch; area; lake, bay, or stream; county).

(c) No person may:

(1) take or have in possession more than the bag and possession limits of each species of migratory game birds except as provided in this section;

(2) possess migratory game birds on the opening day of the season in excess of the applicable daily bag limit;

(3) possess more than one daily bag limit of freshly killed migratory game birds while in the field or while returning from the field to one's hunting camp, automobile or other motor driven land conveyance, aircraft, temporary lodging facility, personal residence, or cold storage or processing facility; or

(4) possess freshly killed migratory game birds during the closed season.



Identification:
Link

Quote:
Species Identification

One fully feathered wing or head must remain attached to dressed migratory game birds while being transported between the place taken and the personal residence of the hunter, the personal residence of another person receiving the dressed birds or a public cold storage plant. This regulation does not apply to doves taken in Texas. One fully feathered wing or head must remain attached to all migratory game birds imported from Mexico.

Daily Bag and Possession

No person shall possess more than one daily bag limit of freshly killed birds while in the field or while returning from the field to one's hunting camp, automobile or temporary lodging facility (see General Rules - Donation or Gift). For the first day of any season the possession limit is the daily bag limit. A person may possess additional migratory birds after they leave the field, if the additional birds they possess are tagged with a wildlife resource document from the hunter who killed them. Migratory birds finally processed at the permanent address of the possessor are not considered part of the possession limit.


No WRD would have been required in this case since the possession of the birds had not changed hands.


The way I understand it is that all that was required to avoid the ticket was:
1. Leave a wing on for identification
2. Mark the bags with the name of the person who shot them and the date so that there is no confusion when you are inspected

Now if one guy flew in and another drove and the driver was going to bring both hunters' birds back you need a WRD for the guy who flew home.


Posted By: sptaylor

Re: Bit of A Rant - 12/14/10 04:02 PM

just pull breast out leave wing, or pluck the dang thing..

Posted By: wlgorman

Re: Bit of A Rant - 12/14/10 04:03 PM

CONDITIONER IS BETTER

Posted By: bjepsen85

Re: Bit of A Rant - 12/14/10 04:04 PM

Originally Posted By: wlgorman
CONDITIONER IS BETTER


Quit looking at me swan!

Posted By: GreyDuck

Re: Bit of A Rant - 12/14/10 10:15 PM

Originally Posted By: nogeese
Originally Posted By: GreyDuck
Originally Posted By: nogeese
well I just read the entire thread... and I have 1 question for all of the people who said somethin along the lines of "you broke the law you should get a ticket" etc...

I am curious as to how many of you do not go hunting if you have 12 ducks in your freezer???

and if you do go duck hunting with 12 (or more) birds in your freezer then you are just as guility as the guy that got busted for not leaving a wing on the birds.

Or how many times have you had more than 6 birds in a pile together? I bet I can go back and find 100's of pictures on here...

I think the point is I think the GW could have handled it differently. instead of "probable cause" and all of that garbage... how about common sence and profesional courtsey.

I think the wing on the bird is a lame rule... have you ever tried to clean a duck and leave a wing on it??? it is a pain..

and the same can be said for the Possession limit, or putting all the birds in a pile for the "glory shot".

Just because they are laws dosent mean they cant be stupid.



Hate to disagree...


OK then don't....



and while you are at it please turn yourself in for putting all your birds together... after all, that law is there to "Keep people honest"



I love people like you who are eat up with dumbass. grin

Posted By: Justin T

Re: Bit of A Rant - 12/14/10 10:22 PM

Nogeese, you can put all your birds together while cleaning. I have asked a GW. You cannot stockpile them like that while hunting though.

Also, possession limit does not extend to your freezer, that is final destination. If I have 1000 birds in my freezer, I can go shoot my limit for that day...

Posted By: LG

Re: Bit of A Rant - 12/14/10 10:24 PM

Originally Posted By: WAL1809
Originally Posted By: Tx Deer Hunter
You have to understand that a game warden DOES NOT NEED your permission to search your truck. If the warden has probable cause {your were obviously out hunting} and the coolers were in plain sight {in the bed of the truck} then YES he can search them with out you present. Your friend broke the law plain and simple and paid the price. BTW Do you know why Game Wardens are used to enter suspected drug houses? because a game warden does not need a search warrant. All he needs is the suspicion to believe the residents in the house may have broken state game laws. They can search your house, your barns, your cars, your boats and your land all with out a warrant. Game wardens have more authority in Texas to enforce ALL state laws than Texas Rangers do...


Can you please post the penal code law or code of criminal procedure rule allowing a game warden more authority than any other police officer, please?



So is this not true? I thought the GW had that athourity...

Posted By: Grendel 6.5

Re: Bit of A Rant - 12/14/10 10:34 PM

If we can't all agree on level of power game wardens should have and the erosion of our rights across the board, at least this post has been educational. If it saves even one guy the embarrassment and expense of citations then it was worth it...

Hope everyone has a nice Christmas!

Posted By: sptaylor

Re: Bit of A Rant - 12/14/10 10:39 PM

i think it was well said earlier.. Law is the law..

Posted By: TexasEd

Re: Bit of A Rant - 12/14/10 10:53 PM

Originally Posted By: Grendel 6.5
If we can't all agree on level of power game wardens should have and the erosion of our rights across the board, at least this post has been educational. If it saves even one guy the embarrassment and expense of citations then it was worth it...

Hope everyone has a nice Christmas!


Good point. We can argue the power of law enforcement but the only way what we have will change is through the courts or legislation.

Following the rules we have in place now will keep us out of hot water whether you agree with them or not.

Posted By: dgilbert

Re: Bit of A Rant - 12/14/10 10:55 PM

Originally Posted By: Grendel 6.5
If we can't all agree on level of power game wardens should have and the erosion of our rights across the board, at least this post has been educational. If it saves even one guy the embarrassment and expense of citations then it was worth it...

Hope everyone has a nice Christmas!


up For Sure!

Posted By: TGO

Re: Bit of A Rant - 12/14/10 11:00 PM

Probably one of the best posts on here in a long time. If it were, so many people would not have made the effort to post. We take a lot for granted regarding laws and regulations and think we "know" or "they will never check that". Wrong!

A friends son got a ticket the other day for driving with a paper dealer tag after midnight. I did not know that was against the law. How many times have I bought a new truck and driven after midnight before my plates come in? You just don't know some things...

Posted By: Charlito

Re: Bit of A Rant - 12/14/10 11:42 PM

Originally Posted By: GreyDuck
Originally Posted By: nogeese
well I just read the entire thread... and I have 1 question for all of the people who said somethin along the lines of "you broke the law you should get a ticket" etc...

I am curious as to how many of you do not go hunting if you have 12 ducks in your freezer???

and if you do go duck hunting with 12 (or more) birds in your freezer then you are just as guility as the guy that got busted for not leaving a wing on the birds.

Or how many times have you had more than 6 birds in a pile together? I bet I can go back and find 100's of pictures on here...

I think the point is I think the GW could have handled it differently. instead of "probable cause" and all of that garbage... how about common sence and profesional courtsey.

I think the wing on the bird is a lame rule... have you ever tried to clean a duck and leave a wing on it??? it is a pain..

and the same can be said for the Possession limit, or putting all the birds in a pile for the "glory shot".

Just because they are laws dosent mean they cant be stupid.



Hate to disagree but the wing law is not stupid. It keeps people honest. A hunter could go out and shoot 6 Pintails and breast them while out in the marsh. When the GW pulls up, he could tell him that he has 6 wigeon and be on his way having broken a law and overshooting a species that needs protection.


Personally I'm not a big fan of that law either. But it's the law, if you break you have to deal with the fines.

Posted By: _Scooter_

Re: Bit of A Rant - 12/14/10 11:57 PM

Nogeese, you said: I am curious as to how many of you do not go hunting if you have 12 ducks in your freezer???

and if you do go duck hunting with 12 (or more) birds in your freezer then you are just as guility as the guy that got busted for not leaving a wing on the birds.

confused2

No Sir, I believe that the following text would clear me of your attempted guilt trip... But I was under the impression that the posession limit extended to your freezer- until I read it closely. up Is there any other law that supercedes what TPWD says about posession limits???


TITLE 31 NATURAL RESOURCES AND CONSERVATION
PART 2 TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 65 WILDLIFE
SUBCHAPTER N MIGRATORY GAME BIRD PROCLAMATION
RULE §65.312 Possession of Migratory Game Birds
(a) For all migratory birds taken for which there is a possession limit, the possession limit shall apply until the birds have reached the personal residence of the possessor and are finally processed.

Migratory birds finally processed at the permanent address of the possessor are not considered part of the possession limit.


Posted By: nogeese

Re: Bit of A Rant - 12/15/10 12:04 AM

Originally Posted By: _Scooter_
Nogeese, you said: I am curious as to how many of you do not go hunting if you have 12 ducks in your freezer???

and if you do go duck hunting with 12 (or more) birds in your freezer then you are just as guility as the guy that got busted for not leaving a wing on the birds.

confused2

No Sir, I believe that the following text would clear me of your attempted guilt trip... But I was under the impression that the posession limit extended to your freezer- until I read it closely. up Is there any other law that supercedes what TPWD says about posession limits???


TITLE 31 NATURAL RESOURCES AND CONSERVATION
PART 2 TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 65 WILDLIFE
SUBCHAPTER N MIGRATORY GAME BIRD PROCLAMATION
RULE §65.312 Possession of Migratory Game Birds
(a) For all migratory birds taken for which there is a possession limit, the possession limit shall apply until the birds have reached the personal residence of the possessor and are finally processed.

Migratory birds finally processed at the permanent address of the possessor are not considered part of the possession limit.


YOU ARE TOTALLY CORRECT I JUST FINISHED READING THE SAME THING! I WAS WRONG!!!!

perhaps there could have been a touch of dumbazz smile

Posted By: #Hayraker

Re: Bit of A Rant - 12/15/10 12:13 AM

don't sweat it nogeese, I think that is a fairly new clarification in TX law, and I also think the Feds interpret it a little differently as well.

Posted By: hoof n wings

Re: Bit of A Rant - 12/15/10 12:22 AM

Originally Posted By: _Scooter_
Nogeese, you said: I am curious as to how many of you do not go hunting if you have 12 ducks in your freezer???

and if you do go duck hunting with 12 (or more) birds in your freezer then you are just as guility as the guy that got busted for not leaving a wing on the birds.

confused2

No Sir, I believe that the following text would clear me of your attempted guilt trip... But I was under the impression that the posession limit extended to your freezer- until I read it closely. up Is there any other law that supercedes what TPWD says about posession limits???


TITLE 31 NATURAL RESOURCES AND CONSERVATION
PART 2 TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 65 WILDLIFE
SUBCHAPTER N MIGRATORY GAME BIRD PROCLAMATION
RULE §65.312 Possession of Migratory Game Birds
(a) For all migratory birds taken for which there is a possession limit, the possession limit shall apply until the birds have reached the personal residence of the possessor and are finally processed.

Migratory birds finally processed at the permanent address of the possessor are not considered part of the possession limit.

Good, now I don't have to worry about the 37 Pintails or 40 Canvasbacks' I have in the freezer! walking

Posted By: nogeese

Re: Bit of A Rant - 12/15/10 01:10 AM

Originally Posted By: hoof n wings
Originally Posted By: _Scooter_
Nogeese, you said: I am curious as to how many of you do not go hunting if you have 12 ducks in your freezer???

and if you do go duck hunting with 12 (or more) birds in your freezer then you are just as guility as the guy that got busted for not leaving a wing on the birds.

confused2

No Sir, I believe that the following text would clear me of your attempted guilt trip... But I was under the impression that the posession limit extended to your freezer- until I read it closely. up Is there any other law that supercedes what TPWD says about posession limits???


TITLE 31 NATURAL RESOURCES AND CONSERVATION
PART 2 TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 65 WILDLIFE
SUBCHAPTER N MIGRATORY GAME BIRD PROCLAMATION
RULE §65.312 Possession of Migratory Game Birds
(a) For all migratory birds taken for which there is a possession limit, the possession limit shall apply until the birds have reached the personal residence of the possessor and are finally processed.

Migratory birds finally processed at the permanent address of the possessor are not considered part of the possession limit.

Good, now I don't have to worry about the 37 Pintails or 40 Canvasbacks' I have in the freezer! walking


i can finally come out of the shadows smile

Posted By: cable

Re: Bit of A Rant - 12/15/10 03:17 AM

Originally Posted By: TGO
Probably one of the best posts on here in a long time. If it were, so many people would not have made the effort to post. We take a lot for granted regarding laws and regulations and think we "know" or "they will never check that". Wrong!

A friends son got a ticket the other day for driving with a paper dealer tag after midnight. I did not know that was against the law. How many times have I bought a new truck and driven after midnight before my plates come in? You just don't know some things...


Now that is stupid. Some laws are just that. Really freakin' stupid.

Posted By: GreyDuck

Re: Bit of A Rant - 12/15/10 03:25 AM

I know that sometimes a hunter will not want his ducks and asks if anyone wants to take them after the hunt.

Here is the link to the TPWD Resource Document. I printed out a few copies and put them in an envelope with a pen and keep it in my truck. If someone wants to give their ducks away to another hunter, we pull out the Resource Document, fill it out and the hunter taking the extra ducks keeps the RD. If a GW happens to stop the guy taking the extra ducks from another hunter, the RD prevents him from getting a ticket. up

http://www.tpwd.state.tx.us/publications/pwdforms/media/pwd_980_l2000_wildlife_resource_document.pdf

Posted By: R.T.

Re: Bit of A Rant - 12/15/10 03:37 AM

Originally Posted By: cable
Originally Posted By: TGO
Probably one of the best posts on here in a long time. If it were, so many people would not have made the effort to post. We take a lot for granted regarding laws and regulations and think we "know" or "they will never check that". Wrong!

A friends son got a ticket the other day for driving with a paper dealer tag after midnight. I did not know that was against the law. How many times have I bought a new truck and driven after midnight before my plates come in? You just don't know some things...


Now that is stupid. Some laws are just that. Really freakin' stupid.


"Black Tag", or temporary tag after purchase? It makes a BIG difference.

Posted By: Sniper John

Re: Bit of A Rant - 12/15/10 04:01 AM

Originally Posted By: nogeese
i can finally come out of the shadows smile


Or not crazy
For trivia, Ray Sasser's article on the Federal Possession Limit. Which does include birds in your freezer. But note that
the Texas interpretation has never been challenged, so you can still come out of the shadows anyway.

Ray Sasser: What's the law? It depends on whom you ask

Posted By: wal1809

Re: Bit of A Rant - 12/15/10 02:14 PM

Originally Posted By: cable
Originally Posted By: TGO
Probably one of the best posts on here in a long time. If it were, so many people would not have made the effort to post. We take a lot for granted regarding laws and regulations and think we "know" or "they will never check that". Wrong!

A friends son got a ticket the other day for driving with a paper dealer tag after midnight. I did not know that was against the law. How many times have I bought a new truck and driven after midnight before my plates come in? You just don't know some things...


Now that is stupid. Some laws are just that. Really freakin' stupid.


You might think so but I don't know dude. I didn't know it was a laaw either as I have not been a street police for years now and it had to have changed since. I can tell you this about working night shift. If a person were to drive by me on night shift with a paper tag, I was going to find another driving violation and stop them. 9 times out of 10 the temp tags were ficticious and a host of other criminal activity was usually discovered. If they were legit then they got sent on their way. I rarely encountered a legit tag on nights.

Posted By: bouxriverkiller

Re: Bit of A Rant - 12/15/10 03:11 PM

RGC dont tell that to the GW,hell punk you out.

Posted By: Grendel 6.5

Re: Bit of A Rant - 12/15/10 05:04 PM

Originally Posted By: WAL1809
Originally Posted By: cable
Originally Posted By: TGO
Probably one of the best posts on here in a long time. If it were, so many people would not have made the effort to post. We take a lot for granted regarding laws and regulations and think we "know" or "they will never check that". Wrong!

A friends son got a ticket the other day for driving with a paper dealer tag after midnight. I did not know that was against the law. How many times have I bought a new truck and driven after midnight before my plates come in? You just don't know some things...


I had DPS pull me over one night on I-20 near Tyler. He said I was swerving which I was not. After he ran my license, checked my insurance he admitted he pulled me over because I was driving a black Avalanche which fit the profile of someone who may be transporting drugs and it was late. He said they aren't supposed to "profile" so they come up with some reason to pull you over and check you out. He was nice about it and I appreciated him being forthcoming about why he stopped me.
Now that is stupid. Some laws are just that. Really freakin' stupid.


You might think so but I don't know dude. I didn't know it was a laaw either as I have not been a street police for years now and it had to have changed since. I can tell you this about working night shift. If a person were to drive by me on night shift with a paper tag, I was going to find another driving violation and stop them. 9 times out of 10 the temp tags were ficticious and a host of other criminal activity was usually discovered. If they were legit then they got sent on their way. I rarely encountered a legit tag on nights.


Posted By: Duck25

Re: Bit of A Rant - 12/15/10 11:04 PM

Originally Posted By: WAL1809
Originally Posted By: cable
Originally Posted By: TGO
Probably one of the best posts on here in a long time. If it were, so many people would not have made the effort to post. We take a lot for granted regarding laws and regulations and think we "know" or "they will never check that". Wrong!

A friends son got a ticket the other day for driving with a paper dealer tag after midnight. I did not know that was against the law. How many times have I bought a new truck and driven after midnight before my plates come in? You just don't know some things...


Now that is stupid. Some laws are just that. Really freakin' stupid.


You might think so but I don't know dude. I didn't know it was a laaw either as I have not been a street police for years now and it had to have changed since. I can tell you this about working night shift. If a person were to drive by me on night shift with a paper tag, I was going to find another driving violation and stop them. 9 times out of 10 the temp tags were ficticious and a host of other criminal activity was usually discovered. If they were legit then they got sent on their way. I rarely encountered a legit tag on nights.


The "Son" was probably a new driver and had his "provisional drivers license". There are a few more restrictions on a "provisional" too.

http://www.txdps.state.tx.us/driverlicense/graduateddriver.htm

TRC 545.424 I believe.

Never heard of the "paperplate" after midnight???? Hmmmm

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