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Posted by fatboy77 on 11-10-2009 09:20 PM:

quote:
Originally posted by Dan Dogs
wardens want you to think they got the rights to go where ever they want too!! but in reality they have no more rights to trespass than you or i..at least not in my state anyway!!


are you sure about this a few years ago i sat in my gun stand and the warden came up to me with his gun drawn i was really pi--ed off called his boss and the d.a. and was told he has the right to go anywhere and while haveing his gun drawn mite seem extreme to you he was just doing his job
with that being said have not been checked coon hunting but its almost a guerntee that durnig gun season i be checked

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Posted by JeremyBayless on 11-10-2009 11:04 PM:

$

Agian I went to school to become a DNR officer and yes they can do bout anything they want as long as there doing there job....
Also I saw someone said something about how much $$$ they make WELL if you think about it 24 hr a day 7day a week 365 day a year job they dont make very good money!!!
A DNR officer makes around 30,000-40,000 a year and just think when its 4am and your sound asleep and getting a call about a coon hunter out treeing in someones back yard they have to go.
then go back home get back in bed and get a call at6am about a deer hunter poaching a deer he has to go nite or day I dont think they make enough!!!
And alot of the money from your ticket goes toward the protection/management of the wild life we all love to hunt I think its around 5%-7% of your ticket goes toward DNR salery and if you think every time you buy a box of 22 shells a % of that goes to the DNR too so are you going to stop buying shells??? I DONT THINK SO

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Posted by huntingwalkers9 on 11-11-2009 12:35 AM:

re

in north carolina a game warden has more authority over anyone besides FBI. been told by the magistrate himself over an underage drinking ticket.

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Posted by edf61 on 11-11-2009 12:47 AM:

I got to know our warden pretty good last year' he was like a bad penny!!!!!!!! Just kept turning up!! Real nice guy!!Even hunted out of his beaten path and he was helping a fellow warden that was on vacation!!

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Posted by JustinH23 on 11-11-2009 01:13 AM:

I generally get checked out about once a year. Always nice, just doing their job. The people I have a problem with are the crazy ones that try to chase you down because they think you are stealing their every last posession because you drove past at one in the morning.

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Posted by nc_country_boy on 11-11-2009 01:15 AM:

Re: re

quote:
Originally posted by huntingwalkers9
in north carolina a game warden has more authority over anyone besides FBI. been told by the magistrate himself over an underage drinking ticket.



I am a police officer in NC, I can tell you with 100% authority that a wildlife officer has just as much authority in the state of NC than anyone. They can enforce all state, federal, and local laws. They also have the same rights, privileges and immunities as Federal Officers. They can seize boats, guns, vehicles, and tools all associated with illegally taking fish or game. Wildlife Officers also have absolute jurisdiction over game and fishing laws (which some/most are federal offenses). They do NOT need a warrant or permission to check ANY location private or public if they suspect game or fish is being harvested at that location. We have a retired Wildlife Officer that works with us now, great guy but they work some strange hours and shifts out on a boat or in a swamp behind hunters.


Posted by Rip on 11-11-2009 01:19 AM:

I don't think I have ever been checked while out hunting.

Only time I got checked fishing was on "free fishing day", go figgure LOL.

Before anyone gets all up in arms about what game wardens have a right to do and what they don't, it varys by state. Each state has their own rules and regulations, each one sets it's own limits on what the wardens can do. They are all different. In one state they may be able to go anywhere, in others they may have to ask for permission to go on your land unless they are activly persuing a crime. Just depends on the state laws, just like our game laws aren't the same neither are the laws governing the wardens.

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Posted by nc_country_boy on 11-11-2009 03:48 AM:

quote:
Originally posted by Rip
I don't think I have ever been checked while out hunting.

Only time I got checked fishing was on "free fishing day", go figgure LOL.

Before anyone gets all up in arms about what game wardens have a right to do and what they don't, it varys by state. Each state has their own rules and regulations, each one sets it's own limits on what the wardens can do. They are all different. In one state they may be able to go anywhere, in others they may have to ask for permission to go on your land unless they are activly persuing a crime. Just depends on the state laws, just like our game laws aren't the same neither are the laws governing the wardens.



Actually the supreme court has already settled this. Federal law trumps all state and local laws. In Oliver v. United States the supreme court upheld the "open field" doctrine that basically means a officer CAN investigate possible crimes on private property except for home, vehicles, personal effects WITHOUT probable cause or a search warrant. The 4th amendment does not protect you in this case, in ANY state. The term "Open Field" does not mean that it has to be open or even a field, it can be a heavily wooded area and still fall under the open field doctrine.

Your Miranda right's was once never an option until it was made as case law in 1966 Miranda v. Arizona. Now it is used by every single agency just like Oliver v. United States decision.

Most every state has wildlife officer's with the same arrest powers as any law enforcement officer. There is not a state in the U.S. that does not allow law enforcment to let's say confiscate and destroy marijuana being grown on private property in a wooded area. We do not need a search warrant or permission to go upon the land and take enforcement actions against anyone around.


Posted by hardwoodrunner on 11-11-2009 11:13 AM:

I talked to a retired Game Warden yesterday.
He told me in Alabama on private land the warden can't walk into or on your land , he can park on state or county right of way and wait on you. For as parking in my gate he said he would have done the same thing as I did.
He also said in his 38 yrs as a warden in Alabama , he had more things to worry about than coon hunters. This retired Game Warden still goes coon hunting with me form time to time , may sit on the tail gate as he is 75 yr old but he loves to hear them dogs run


Posted by JeremyBayless on 11-11-2009 04:59 PM:

Re: Re: re

quote:
Originally posted by nc_country_boy
I am a police officer in NC, I can tell you with 100% authority that a wildlife officer has just as much authority in the state of NC than anyone. They can enforce all state, federal, and local laws. They also have the same rights, privileges and immunities as Federal Officers. They can seize boats, guns, vehicles, and tools all associated with illegally taking fish or game. Wildlife Officers also have absolute jurisdiction over game and fishing laws (which some/most are federal offenses). They do NOT need a warrant or permission to check ANY location private or public if they suspect game or fish is being harvested at that location. We have a retired Wildlife Officer that works with us now, great guy but they work some strange hours and shifts out on a boat or in a swamp behind hunters.

THANK YOU this is what Ive been trying to say and your 100% correct!!!!!!

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Posted by Rip on 11-11-2009 06:43 PM:

quote:
Originally posted by nc_country_boy
Actually the supreme court has already settled this. Federal law trumps all state and local laws. In Oliver v. United States the supreme court upheld the "open field" doctrine that basically means a officer CAN investigate possible crimes on private property except for home, vehicles, personal effects WITHOUT probable cause or a search warrant. The 4th amendment does not protect you in this case, in ANY state. The term "Open Field" does not mean that it has to be open or even a field, it can be a heavily wooded area and still fall under the open field doctrine.

Your Miranda right's was once never an option until it was made as case law in 1966 Miranda v. Arizona. Now it is used by every single agency just like Oliver v. United States decision.

Most every state has wildlife officer's with the same arrest powers as any law enforcement officer. There is not a state in the U.S. that does not allow law enforcment to let's say confiscate and destroy marijuana being grown on private property in a wooded area. We do not need a search warrant or permission to go upon the land and take enforcement actions against anyone around.



Actually you are correct that federal law trumps local law, but you are incorrect in your other assumptions. The game warden can't go on private property over suspected deer voilations in states that don't allow them to trespass without just cause. That's not a federal offense.

They CAN use federal statutes for migratory birds that ARE federally regulated.

Which brings us back to the my origional point that each state regulates their game wardens, that's why it is the TENNESEE department of Natural Resources, the Georgia etc. Each one has their own set of "allowances" if you will. Some states they go and do as they please, some they have to ask permission to go on your private ground to look for things unless they are activly persuing a case (such as seen a suspect go on your land etc). It's no different than a city cop that can't pull you over in the county, the county cop's jurisdiction ends at the county line and the state patrol officers jurisdiction ends at the state. Each state defines what is within the rights of the wardens. Tennessee law is different than NC law is different than Ga Law etc.

Unless it is pertaining to a federal violation the wardens are governed by the state laws in which they are employed.

That's why there is so many different people saying so many different things in regards to their wardens, because it really IS different state by state.

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Posted by ESTEP on 11-11-2009 06:59 PM:

Ran into about 4 in the last 2 years or so. It's not the DNR that mess with us, It's these young punk cops that think if you coon hunt your a poacher. I've had nothing but problems with local cops and even the county cops. They see our truck bang red and blue lights I've had enough of there slander next time they pull me over and start talking smack I'm going to the mayor and if that don't work I'll get me a tape recorder and then take them to court. I've never had a problem with a warden. They seem to be a little more level headed and have alot respect a person that hunts Legal.


Posted by wvhoundsman on 11-11-2009 09:38 PM:

in my opinion alot law enforcment police and gw's abuse their power and for the most part do or have done the same things as the people they go after. now dont get me wrong there are there are some good but from my experience the ones around places i have lived in the past are corupt as well as some court systems . i have never been in trouble with the law not even a speeding ticket but thats how things r here anyway 90% are poacher hypocrites themselves they all get on a law enforcement only lease and kill stuff out of season themselves i have witnessed that personally. if ur gonna enforce the law u need to abide by the law.


Posted by warn on 11-11-2009 10:05 PM:

game wardens aren't gods and they don't have anymore power than a state trooper or county sheriff, most of them like you to think they are all powerful but its just not the case they have to have probable cause just like any law enforcement officer.

No matter who they are they can not violate you const. rights period.. Such as searching vehicles or properties!

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Posted by Bradley E. Hall on 11-11-2009 10:36 PM:

I got a nice Dizzy pup about 18 months old, I named him the "Game Warden" LOL.


Posted by Casey on 11-20-2009 05:52 AM:

The other night we had a run in. We have permission to hunt a peacan orchard on one side of the road but not the other. Dogs struck on one side and treed 30 yards from the road on the other side. Game warden got to us about the time we got to the tree. Then the other warden drove up. They were camped out there trying to catch a man shinning for deer from his porch.

I've known our GW since I was 8 years old. He coon hunted a long time ago and wants to go but don't have time. He said that in all his years he has only wrote one ticket to a coon hunter.

The younger GW shinned his light down at my bluetick and said "so thats a walker dog"
I said nope, he had 3 coons in that peacan tree

Land owner drove up and now wants us the go after the fox too.


Posted by mauser06 on 11-20-2009 06:25 AM:

ive only actually talked to game wardens actively working 1 time...and i was carrying a fall turkey out...we shot the breeze a bit...i was 16 i think...never met them in my life..half scared to death as ive read horror stories about the big bad wardens online...VERY nice guy and lady...they never checked my license or shells or gun or anything...actually offered me a ride to my car...not wanting to take the ride, i said "nah its right down the road" they probably thought i was lost as they just drove down that road and my car was a good mile away...i KNEW that...but didnt feel i NEEDED a ride...


i do have a problem with cops...most are just investigating a suspicious vehicle 95% of the time...never had troubles...but it does get old...especially the time they ran my plates and called the house wondering why my vehicle was "abandoned" where it was that hour of the night...doing their jobs i guess...i was parked in a VERY odd spot...and it was pretty late...so i cant complain...i typically catch them parked by my vehicle looking around...but im usually not away from the vehicle real long...that night i was hunting a large tract all night and was gone for hours..so id guess it was suspicious as they likely spotted it right after i cut loose...

i have nothing but the utmost respect for any LEO...that is doing their job...check me all you wish...as long as it doesnt become a nightly occurrence or anything like that, i dont care...i dont got nothin to hide..and if you do find a violation, id be glad to know about it as i try to be by the book...


Posted by hillbilly56 on 11-20-2009 02:28 PM:

gamewardens

here in wv in my county i dont think there is a descent dnr only had one run in with dnr about 3 yrs ago over sme new people that moved in our area brought false charges up on me cost me 800 dollars for lawyer i poste my experinceon another post under got a ticket dont figure i have very little respect for the dnr in in my country i have been hunting since i was to little to carry a gun and i am 59yrs old know


Posted by the outlaw on 11-20-2009 02:59 PM:

OUR GAME WARDENS ARE AS BAD AS THE ANTI HUNTERS THEY ACT LIKE IF YOU ARE IN THE WOOD YOU ARE BREAKING THE LAW

AROUND HERE THEY RIGHT MORE DIRTY TICKETS THAN ANY LAW ENFORCEMENT AROUND

I HAD ONE WALK IN MY HOUSE BECAUSE THE NEIGHBOR CALLED ON A DEAD YOTE IN MY DRIVEWAY HE SAID I COULD HAVE STUFFED IT IN MY FREEZER.


HE TOOK TOTAL ADVANAGE OF ILLEGAL SEARCH IT IS A CROK OF SHIZ THESE GUYS THINK THEY CAN DO WHAT THEY WANT WITH NO CONSEQUENCES.


THE ONE ON THIS BOARD THAT STICK UP FOR THEM ARE I BET COPS THAT RUN HOUNDS OR THE DNR THEM SELFS DONT THINK THAT THEY DONT GET ON THESE BOARDS

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Posted by harness bred on 11-20-2009 03:23 PM:

wardens

had 1 ask me if i had a muzelloader,,,i said yes he asked what kind i said 300 short mag,,,talk about a puzzeled look,,,,i got a kick out of that


Posted by P.W. Chapman on 11-20-2009 03:28 PM:

Re: re

quote:
Originally posted by huntingwalkers9
in north carolina a game warden has more authority over anyone besides FBI. been told by the magistrate himself over an underage drinking ticket.


That's what I've been told also. Can write you a citation or arrest you for any offense that a trooper or deputy can PLUS can write you up for game law violations.

The GW here locally has a rep as being a hard-case, but he has checked me a couple of times and never has hassled me at all. After he checked me a couple of time deer hunting and figured out that I did things legally, he checked me one night when running dogs during running season. When he saw me he said, "Oh it's just you! If I'd known it was you I wouldn't even have bothered to wait on you! Don't have a gun on you, do you?" I said "no sir" and we sat around and shot the bull for a while....In every instance that I have heard folks complain about him, if you dig deep enough, you find out they were doing something they weren't supposed to be doing...OR they are known game law breakers and the GWs know it and were trying to catch 'em at something even if they were legal at the time. They ain't dumb. They know who the outlaws are, they just can't always prove it LOL.

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Posted by blue blue on 11-20-2009 03:44 PM:

you be the judge

went duck hunting last year. a friend and i put the boat in and loaded up and idled out in water about 100 yards and i ask him to throw me a life vest. he had one on. he looked and said we left them on tailgate of truck. you could see them from the boat. while we are going back to the ramp a gw pulls up and is talking to a fisherman taking out. gw has no boat i could have just left but parked walked over to truck got 3 vest threw them in boat and started to leave when he walked up. checked EVERYTHING and we were all legal and ready to go and he asked how many vest we had before i got those from the truck. i told the truth and told him we had just gone a few yards and came back to get them. 200.00 ticket.


Posted by Maniac on 11-20-2009 04:15 PM:

quote:
Originally posted by poolecw
A GW doesn't need permission to be on someone's land. If he was a seasoned wardon, he would have gotten you for messing with an official vechicle and probably some other stuff.

I don't see what the deal is with people not liking game wardons. For the most part, they are hunters themselves. If you aren't doing anything wrong, there shouldn't be a problem.

in the state of indiana they better permission or been called by the land owner

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Posted by coon's age on 11-20-2009 04:45 PM:

Re: you be the judge

quote:
Originally posted by blue blue
went duck hunting last year. a friend and i put the boat in and loaded up and idled out in water about 100 yards and i ask him to throw me a life vest. he had one on. he looked and said we left them on tailgate of truck. you could see them from the boat. while we are going back to the ramp a gw pulls up and is talking to a fisherman taking out. gw has no boat i could have just left but parked walked over to truck got 3 vest threw them in boat and started to leave when he walked up. checked EVERYTHING and we were all legal and ready to go and he asked how many vest we had before i got those from the truck. i told the truth and told him we had just gone a few yards and came back to get them. 200.00 ticket.


Yea,most dont have much common since or integrity.And once in court its all about the money!They sould teach them about respect while their in training.To up hold the law,but not to abuse their authority.


Posted by willseeyalater on 11-20-2009 04:51 PM:

I deer hunt some federal refuge land and last year I was making my out at dusk and putting things back in my van. USFWS guy is sitting there in his truck at the parking area. He rolls down his window and asks me why I am coming out so early. Says that I am missing some prime hunting time. Well, I told him that may be but coming back up that hill out of the river bottoms in the dark with it being 15 degrees makes me want to get moving before the sky is dark. The spot I hunt is down a hillside maybe 70 degree angle holding onto trees all the way going up or down. I am not a big fan of gravity in that situation. He didn't even check my license, just wanted to tease me for being soft. I didn't want to brag but I had been in there since 6am that day and it was time to head on home.

Only other time I have been checked while hunting was goose hunting. Mn DNR CO wants to check licenses and stamps, shotguns for plugs and if we are shooting steel or lead. We were in full compliance, unlike the guys a week earlier in the same spot being over limit, shooting lead and one in their party with no papers. Those guys must of gotten soaked with fines and lost gear. MN DNR CO's in our area are pro's and if you know and follow the rules they wish you a good day and move on. I never get nervous when I see them. I also make a point to learn and follow the rules. If I missed one or was in violation I would just man up and not blame a working CO for doing his job.


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