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  1. #1
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    game warden or state police

    which one have more arrest power ? my freind told me that the game warden in maine is one of toughest law enforcement and that the warden can legally enter your house without warrant based on some kind of suspicious activity. yes,i beleive that the game warden is one of toughest but legally enter without warrant ? i doubt that. maine have great hunting and fishing laws and programs and service.we have strict laws that i support 100 % to preserve the wild and prevent drunks and reckless driving on off roads and snowmobiling and boating. if you want to drink and get drunk, stay in your cabins or tents or your farms.
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    It is my belief and experience that Game Wardens (aside from the Texas Rangers) are the most powerful and least "red tape" bound law enforcement entity in the United States. They can stop you just to check your game load and make sure your kill is properly tagged, if you just look like you've been hunting. I have seen a Game Warden enter a house after simply hearing that a deer was illegally taken and completely empty the entire freezer of all meat. No questions asked. He also took the guys guns.

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  3. #3
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    Here in Wyoming, they have limited peace officer powers and only when on duty.

    However, as others have indicated, they have the widest latitude when it comes to entering your camp, mandating you stop at checkpoints, etc. But enering your home would stll reqqure a warrant.

    They have far more support in the courts too. Here, your average fine for being over limit on trout is higher than DWUI. Get caught with big game out of season or in the wrong area, and you will be fined and jailed more than if you had burgled the butcher shop! It's nuts.
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    Game Warden or State Police

    In Alabama Game Wardens(Wildlife Officers) are employed by the Dept of Conservation and Natural Resources. By law, they have powers as Peace Officers throughout the state, but are generally limited to enforcing conservation laws by department policy. They have the authority to enter your camp, examine your kill, check your license and stamps etc. They can also check your vehicle and boat as well. Quite a few Alabama Wardens also are commissioned as Officers of the U.S. Fish and Wildlife Service, and thus are empowered to enforce Federal game laws as well. In common with Wyoming, an Alabama Wildlife Officer would need a search warrant to enter your home in the circumstances you described.

  5. #5
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    in ohio are game warden's and DNR'S agents (department of natural resourses') are the same. they do not have to wear uniforms or show they badge until needed.They have crazy power kinda like above the law i guess you can say. They can give speeding tickets, to arrest you for murder.
    i have seen someone go to jail from a DNR acting like a fishermen during spawning season. standing next to a guy that was snagging fish and keeping them. to a guy in a tree stand 60 yards away from me. tell a hunter (DNR AGENT) to get outta here or he was going to put a arrow through you!!!

  6. #6
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    Tell your friend you win the argument.

    There is no game warden, wildlife officer, any other law enforcement officer, federal law, state law, local ordnance, park rule, camping regulation or any other text or employee of any branch of the government that supersedes the 4th Amendment to the U.S. Constitution prohibiting unlawful search and seizure.
    Fear not the armed citizen but rather the government that tries to disarm him.

  7. #7
    Smokey Bear
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    I have heard stories about game officials seizing boats/vehicles/equipment/etc. when found in the use of illegal catches and/or poaching and similar offenses. Good for them.

  8. #8
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    In the State of Missouri, Conservation Agents are allowed to enter residences if they have PC to believe that there is a game violation (ie illegal meat/fur) in the residence. They can search closets, storage sheds, and freezers amoung other items.

    No search warrant is needed....

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    Quote Originally Posted by PPDMO373
    In the State of Missouri, Conservation Agents are allowed to enter residences if they have PC to believe that there is a game violation (ie illegal meat/fur) in the residence. They can search closets, storage sheds, and freezers amoung other items.

    No search warrant is needed....
    If what you say is true; what the hell is happening to America?

    Do you have a link or statute number?

    Not that I doubt you but I think there is more to it than just an officer believing he has PC and not requiring a judge's approval of a warrant to actually enter and search someone's home. In fact, as I type this my doubt grows as I wonder how Missouri law trumps the Constitution.
    Fear not the armed citizen but rather the government that tries to disarm him.

  10. #10
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    I have asked both a Game and Parks Officer and a Trooper the same question. Both say they have more "Power" than the other. So I'm guessing depending on who you talk to your going to get a different answer. The only point the Trooper made that makes me lean more towards the Trooper is, Troopers can pull anyone over anywhere in the state and Game and Parks can't.
    Some people were just dropped on their heads as children more than the rest of us!

  11. #11
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    Quote Originally Posted by detsarg
    If what you say is true; what the hell is happening to America?

    Do you have a link or statute number?

    Not that I doubt you but I think there is more to it than just an officer believing he has PC and not requiring a judge's approval of a warrant to actually enter and search someone's home. In fact, as I type this my doubt grows as I wonder how Missouri law trumps the Constitution.
    Give me a day or so and I will get with the local agents back home and get you a link to the statute......

    But if I was guessing (once again....I have never worked for them...just with them) it will be in the 252 statute....and no...I didn't have time to look for it....as I am going to call over the weekend to get the exact statue that they use and will post it......

    http://www.moga.state.mo.us/statutes...rs/chap252.htm

  12. #12
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    Complaints--search warrants--penalty for resisting.
    252.100. 1. Any authorized agent of the commission, sheriff, marshal or their deputies, may make complaint and cause proceedings to be commenced against any person for the violation of this law or of any such rules and regulation and such officer shall not be obligated to furnish security for costs.

    2. He may search, without warrant, any creel, container, gamebag, hunting coat, or boat in which he has reason to believe wildlife is unlawfully possessed or concealed; and at any and all times may seize any wildlife in the possession or control of any person violating or who there is good reason to believe has violated this law or any of the rules or regulations of the commission; provided, however, that he shall first obtain a search warrant to enter and search an occupied dwelling and outbuildings immediately adjacent thereto, cold storage locker plant, motor vehicle, or sealed freight or express car for such purposes and then only in the daytime, and in the search of a cold storage locker plant every precaution shall be exercised to prevent contamination of foods stored therein. Any circuit judge, or associate circuit judge having jurisdiction, shall issue to such agent, sheriff, or marshal, a search warrant upon his complaint being made on oath in writing that the affiant has reasonable and probable cause to believe that wildlife is possessed or concealed in such occupied dwellings and outbuildings immediately adjacent thereto, cold storage locker plant, motor vehicle, or sealed freight or express car contrary to this law or to any such rules and regulations.

    3. Any person who shall resist such search or interfere with such agent or officer in the execution of a search warrant shall be deemed guilty of a misdemeanor.

  13. #13
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    Quote Originally Posted by VACOP1
    ...he shall first obtain a search warrant to enter and search an occupied dwelling...
    America is alive and well.

    Thank you.

    BTW, I suspect that if challenged in a court, especially the Supreme Court, they would find that the dwelling need not actually be occupied.
    Fear not the armed citizen but rather the government that tries to disarm him.

  14. #14
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    Quote Originally Posted by detsarg
    America is alive and well.

    Thank you.

    BTW, I suspect that if challenged in a court, especially the Supreme Court, they would find that the dwelling need not actually be occupied.
    Once again....all the times I have worked with them. We never had a warrant.....right or wrong....that's what they did and continue to do......

  15. #15
    Oh no, it's da Po-Po
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    Quote Originally Posted by PPDMO373
    Once again....all the times I have worked with them. We never had a warrant.....right or wrong....that's what they did and continue to do......
    Well, that happens a lot until a case goes before the court and case law is set.

    I can tell you that if I arrived home to find a game warden raiding my fridge without a warrant call #1 would be to my lawyer, #2 would be to the press.

    It would seem like a supression hearing would be a no-brainer if it wasn't under one of the accepted exceptions to a search warrant (exigent circumstances, etc).

  16. #16
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    Well on a military base you have no rights and the MP can search and take as he pleasez !! some are some real *******s and others are cool

  17. #17
    Oh no, it's da Po-Po
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    That's a bit different.

    Every Federal Installation that I have been on has a large sign at the gate stating that you are consenting to search simply by entering the installation.

    The one outside the main gate to Camp Lejuene was HUGE.

  18. #18
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    In Arkansas, they can enter your house on the suspicion that you have violated some game laws as well, and they can quickly confiscate your ATV, pickup truck, boat, guns, and whatever else you've got if they feel like it. They also have 24/7 statewide police power just as a state trooper would so they can arrest you for stealing, violating probation, and whatever else, plus they can serve warrants. I suspect the wildlife officers (game wardens) get their power from the fact that they do not work for a state executive department. They are employees of the Arkansas Game and Fish Commission which is an administrative agency. Admin. agencies are not as legally bound as exec. departments. I understand that they can give tickets although it has never come up in my schooling or conversations. Don't hold me to any of this. All I can be certain of is that they are sworn state peace officers, and they work for an administrative agency.

  19. #19
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    I’m finding it hard to believe that there are cops on this forum that actually believe that ANY employee or agent of ANY branch of the government, game warden, MP, trooper, etc… can, absent exigent circumstances, enter and search YOUR home without a warrant.

    OMG!!! Remember the Constitution? What law, rule, regulation, etc do you think can trump YOUR Bill of Rights?

    I'm starting to get worried.
    Fear not the armed citizen but rather the government that tries to disarm him.

  20. #20
    South central escapee...
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    Quote Originally Posted by detsarg
    I’m finding it hard to believe that there are cops on this forum that actually believe that ANY employee or agent of ANY branch of the government, game warden, MP, trooper, etc… can, absent exigent circumstances, enter and search YOUR home without a warrant.

    OMG!!! Remember the Constitution? What law, rule, regulation, etc do you think can trump YOUR Bill of Rights?

    I'm starting to get worried.
    ...aaahhh ,"sarge" - you are forgetting State parole agents and probation officers of a county or state.They do it all the time.but as for the rest of "us",including State Fish and Game Wardens or State Park Rangers (here in California they are State peace officers under the state regulatory status as Our "state police",the CHP) -its a "no".Warrant or fresh pursuit,or a citizen giving free consent

  21. #21
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    Well, regardless of what you say, I'm telling you that our wildlife officers can do exactly what I said. It's fact. If you don't like it, don't hunt in Arkansas.

  22. #22
    Servo Vita ~ 2049

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    As stated before...in Texas, Game Wardens have the most search and siezure powers.

  23. #23
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    Texas Parks and Wildlife Code

    § 12.102. INSPECTION OF WILDLIFE RESOURCES.
    § 12.104. RIGHT TO SEARCH AND INSPECT
    § 12.1101. SEIZURE AND DISPOSAL OF PELTS.
    § 12.1105. SEIZURE AND DISPOSITION OF UNLAWFUL FISHING
    DEVICES.
    § 12.1106. SEIZURE AND DISPOSITION OF CONTRABAND;

    If you want to read the text of the laws in detail here are the links to follow
    http://tlo2.tlc.state.tx.us/statutes....000012.00.htm

    Every Texas LEO knows two Agenices you dont mess with Texas Rangers, and Game Wardens
    Last edited by Northtechsan; 10-17-2006 at 01:39 AM.

  24. #24
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    Quote Originally Posted by ArkansasFan24
    Well, regardless of what you say....
    Respectfully Arkansas, it's not what I say, it's what the Constitution states.


    Quote Originally Posted by DOAcop38
    State parole agents and probation officers...
    That is correct. However, POs are given that authority as part of a sentence in a criminal case. A search done by a PO is not considered unreasonable and therefore does not violate the “unreasonable search and seizure” aspects of the 4th Amendment.

    Interestingly, in Florida, when a PO does a warrantless search the fruits of that search can only be used for a violation of probation and not for a new criminal charge. Also, they can only be used against the probationer and not another occupant of the house. But I digress.

    Quote Originally Posted by DOAcop38
    ...as for the rest of "us",including State Fish and Game Wardens or State Park Rangers, its a "no".Warrant or fresh pursuit,or a citizen giving free consent.
    The voice of someone who understands the law, thank you.

    Quote Originally Posted by Northtechsan
    Texas Parks and Wildlife Code

    § 12.102. INSPECTION OF WILDLIFE RESOURCES.
    § 12.102 (4) (d) - Nothing in this section authorizes a game warden or other peace officer commissioned by the department to conduct a search otherwise authorized by this section:

    (1) in a person's residence or temporary residence;

    Come on guys, this should really be common sense for LEOs. Take off the cop hats for a minute and think as a private citizen of the United States. Do you really find it acceptable for a police officer/game warden to enter YOUR home and search without a warrant? Before you answer, close your eyes and picture this search taking place in YOUR house.

    My suspicion is that you would, and should, be adamantly opposed to such a search. Much as any other citizen who values their rights would be and very much the way the drafters of the Constitution were. That’s why such a search is unlawful.

    I suspect that it has long been a legend or urban myth that game wardens can conduct a warrantless search in a private home but I challenge someone to actually find a law that supersedes the U.S. Constitution.

    Vehicles, containers, bags, etc… are a separate issue from a person’s home. It is the home that the Supreme Court has held in the highest respect for a citizen’s privacy. As it should be.

    Tim Dees, where are you when I need you!!!
    Fear not the armed citizen but rather the government that tries to disarm him.

  25. #25
    Oh no, it's da Po-Po
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    detsarg I totally agree with you and still wait for someone to post something that states ANYWHERE that ANYONE can violate the sanctity of a citizens home without a warrant or exigent circumstances.

    I for one know that NO ONE may search my home for any reason without a warrant or exigent circumstances. I really don't care who you are, and the Constitution of the United States WHICH SUPERCEDES STATE LAW protectes that right. As a US citizen I have the right to resist unlawful actions.

    I really could care less if you search my car, boat, person, etc.

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