Rip
UKC Forum Member
Registered: Jun 2003
Location: Morrison TN
Posts: 4927 |
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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Last edited by Rip on 11-11-2009 at 06:47 PM
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