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Penn Man beats the Game Warden!
odentheviking
Member Posts: 523 ✭✭✭
http://news.yahoo.com/man-successfully-argues-fifth-deer-killing-case-100210808.html
Was this story already posted?
Seems a man in Penn. was questioned by a Game Warden on his own property for spot-lighting and killing a deer. He was then charged with Not answering the Wardens questions. Not to get in a debate about hunting out of season.....
He takes this to the high court and wins based on the 5th ammendment!
So if this means that the High Court upholds Federal Laws that supersede state/local laws....... then what about the Legal Pot here in Colorado and Washington State?????
Was this story already posted?
Seems a man in Penn. was questioned by a Game Warden on his own property for spot-lighting and killing a deer. He was then charged with Not answering the Wardens questions. Not to get in a debate about hunting out of season.....
He takes this to the high court and wins based on the 5th ammendment!
So if this means that the High Court upholds Federal Laws that supersede state/local laws....... then what about the Legal Pot here in Colorado and Washington State?????
Comments
limitations in search of illegal game.
In fact, on one hunting occasion, Me and my older BIL were sitting on a log on a dirt road next to our car, eating lunch. The warden drove up, Said Good Morning fellers, and then opened the rear door of the car where the 2 rifle were laying on the seat.
Checked to see if they were loaded. {NOT}.
Wished us luck and drove away.
[:0]
[br Me and my older BIL were sitting on a log
[:0]
Score another for the shortage of composition English teachers.
With that said, many states the Police take a game warden with them when searching/sneaking around someones property looking for their cash crop or their own personal herb garden. The Warden does not need a warrent to be there. He is just checking on wildlife welfare. I know that to be so in a couple states I have lived in and I was watching it on one of the wildlife shows I was watching last night
quote:Score another for the shortage of composition English teachers score another P RIC K that wishes he were a member of the spelling poilce,,this is the internet ,,get over it
+1000, If all a person has to worry about is others spelling on an informal message board, one needs more work and less play time.
That is a violation of the 5th amendment. Glad he won but sad he was out poaching.
quote:Originally posted by sharpshooter039
quote:Score another for the shortage of composition English teachers score another P RIC K that wishes he were a member of the spelling poilce,,this is the internet ,,get over it
+1000, If all a person has to worry about is others spelling on an informal message board, one needs more work and less play time.
Betcha he ain't ataking no advise fom a people like yall dough wid him beaing the speling polece and all [:D] [}:)] [;)]
"Never do wrong to make a friend----or to keep one".....Robert E. Lee
quote:Originally posted by babun
[br Me and my older BIL were sitting on a log
[:0]
Score another for the shortage of composition English teachers.
Sorry about that. When I first logged on here, many years ago, I saw the name "Mr. Perfect", was already taken. So I let a mistake go by
every once in a while.
[:o)]
When I was growing up in the late 60's and getting into hunting in Upstate NY, I was taught that the game warden was the most "powerful" Leo out there. They had the right to search homes, cars, people with no limitations in search of illegal game.
I know people say this, but I'm skeptical that its true as a legal matter. Since when do 4th and 5th amendment protections not apply here?
A game warden can just kick down your door looking for a poached rabbit anytime they feel like it?
quote:
In fact, on one hunting occasion, Me and my older BIL were sitting on a log on a dirt road next to our car, eating lunch. The warden drove up, Said Good Morning fellers, and then opened the rear door of the car where the 2 rifle were laying on the seat.
Checked to see if they were loaded. {NOT}.
Wished us luck and drove away.
This seems illegal to me, though in some states the inside of your car isn't considered private property if parked in a public place. Also, there is a sort of "public safety" exception that allows officers to check for weapons without a warrant, and extending that might apply here.
Anyone here who is an LEO care to comment on perceived legality of this sort of thing?
quote:Originally posted by babun
When I was growing up in the late 60's and getting into hunting in Upstate NY, I was taught that the game warden was the most "powerful" Leo out there. They had the right to search homes, cars, people with no limitations in search of illegal game.
I know people say this, but I'm skeptical that its true as a legal matter. Since when do 4th and 5th amendment protections not apply here?
A game warden can just kick down your door looking for a poached rabbit anytime they feel like it?
quote:
In fact, on one hunting occasion, Me and my older BIL were sitting on a log on a dirt road next to our car, eating lunch. The warden drove up, Said Good Morning fellers, and then opened the rear door of the car where the 2 rifle were laying on the seat.
Checked to see if they were loaded. {NOT}.
Wished us luck and drove away.
This seems illegal to me, though in some states the inside of your car isn't considered private property if parked in a public place. Also, there is a sort of "public safety" exception that allows officers to check for weapons without a warrant, and extending that might apply here.
Anyone here who is an LEO care to comment on perceived legality of this sort of thing?
In PA they need probable cause just like any other law enforcement.
I believe they do need probable cause to search your home or vehicle unless they have probable cause to enter. For instance, if they see you sneak out of the woods and run into your house, they can probably follow you. Or if they see you stuffing things into your trunk when they are walking up on you.
I believe they have to get a warrant otherwise. For instance, if someone reports you have an illegal wolf pelt in your freezer, I think they need to get a warrant to investigate that.
quote:Originally posted by babun
[br Me and my older BIL were sitting on a log
[:0]
Score another for the shortage of composition English teachers.
yep get the hell over it
The Amish around here hunt out of season all year long. No one bothers them.
That's cause they have a Mafia. I seen 'em on TV....
Beating a game warden sounds like another topic.
""" Search with or without warrant
The laws in many U.S. states allow game wardens to conduct certain types of searches with or without search warrants. The law in Louisiana for instance states in part "...any commissioned wildlife agent may visit, inspect, and examine, with or without [a] search warrant, records, any cold storage plant, warehouse, boat, store, car, conveyance, automobile or other vehicle, airplane or other aircraft, basket or other receptacle, or any place of deposit for wild birds, wild quadrupeds, fish or other aquatic life or any parts thereof whenever there is probable cause to believe that a violation has occurred. Commissioned wildlife agents are authorized to visit or inspect at frequent intervals without the need of search warrants, records, cold storage plants, bait stands, warehouses, public restaurants, public and private markets, stores, and places where wild birds, game quadrupeds, fish, or other aquatic life or any parts therof may be kept and offered for sale, for the purpose of ascertaining whether any laws or regulations under the jurisdiction of the department have been violated...."[3] The laws in other states may grant more or less search and seizure authority. These exceptions granted to game wardens are still considered to fall within the constitutional limits of search and seizure as outlined in the U.S. Constitution."""
quote:Originally posted by Ray B
quote:Originally posted by babun
[br Me and my older BIL were sitting on a log
[:0]
Score another for the shortage of composition English teachers.
Sorry about that. When I first logged on here, many years ago, I saw the name "Mr. Perfect", was already taken. So I let a mistake go by
every once in a while.
[:o)]
[^]
"Never do wrong to make a friend----or to keep one".....Robert E. Lee
I Can relate to Your ideas being I Am From NY and Hunting that Era
My Uncle Was A Game Warden Seen Him Walk In Any Outbuilding He Cared To And Even on A Hunting trip To the Catskills Watched Him Ask a group Of Hunters to Open their trunk They Said You Want it Open You Open it
he Did With an AXE,,,, yup Untagged Doe Enclosed
Woody[:D][:D][:D]