How many of you

Who would let a game warden search your premises without a warrant. In kansas our regulations used to state it was illegal to deny law enforcement access to anyplace that could be used to store wildlife. The regulations do not say that now. I dont know if they changed the law or just took that out of the regulations. What say you?

In Alaska our game wardens are State Troopers. We call them brown shirts, because they wear a brown shirt to identify they are a wildlife trooper. Pretty sure they don’t need a warrant to check suspected wildlife violations. I’ve never had a run in with them though, except in passing while caribou hunting.

If they had the right to do it I would comply but If not they can pound sand.

I'd politely decline.

I would allow it. I have nothing to hide and knowing they can take a peek anytime curbs the urge to bend any rules. True story, I was at a winter MTA meeting one time and my CO called me to see if I was around and he wanted to borrow a wolf stretcher. I told him I was out of town but told him where the hidden key was and to help himself. He was shocked and I told him he was welcome to look ANYTIME he wanted. I have a great relationship with my CO's.

No search without a warrant by anyone.

The way I understand it, to get a warrant LE must establish probable cause AND specify that for which they are searching. Anything found during the search that is outside the bounds of the warrant is inadmissable as evidence. However, if you grant permission for a search, anything found is fair game. I have nothing I know to be illegal but I want the legal protection a warrant would afford me. In addition, I never expect LE to have probable cause to search my property and what is here is my buisness and no one elses.

In reading 160user's reply, I would have no problem doing something similar if I knew the person. Granting access and permission to borrow something while I am away is not granting permission to search.

Need to have reason here.

you know that in WI they do not need a warrant to search your boat , camper , truck , home or freezer.


I believe that by participating in a licensed activity you basically agree in the fine print to this.

why it is important to call in all those road kill deer you pick up.

I gave permission one time to a USFS law enforcement. Forgot about the magazine loaded shotgun behind the seat. Paid a fine. I don’t give permission any more. I have been asked by local game warden and he couldn’t tell me what his probable cause was or exactly what he was looking for so my answer was no. I have professional relationship with our game wardens, we are respectful of each other. Denying request to search is your right, nothing to be ashamed of and certainly not an admission of guilt.

How is it that a warden can enter your home when a cop can't?

They can't

In Wisconsin they can.

Without a warrant? Above

Correct. They can trespass also. They have a ton of power here in WI.

That's not good.

You might have always heard they can, they might tell you they can and you believe them but if it were pushed to a higher court they would lose. It would fall under illegal search and seizure. Doesn’t matter what badge they are wearing or what state it’s in.

Locally I've seen the cops use a gw to gain entry into a home they didn't have a warrant or probable cause to get one but knew there was whatever they wanted inside an how to get it...

I have a fur buyer's license, that gives the DWR carte blanch to check when ever they wish, day or night !

I would let them, I have nothing they are looking for.

Here, they claim they can search your vehicle, boat, property,...but IF they can, why do they ask your permission first??? they cannot however search your home or an abode without a warrant.

Having more authority to search then a police officer is kinda sketchy.

I believe OKforester pretty much nailed it.

4th Amendment of the US Constitution covers EVERY person in the US and applies to EVERY officer in EVERY state.


State laws DO NOT override it.

In Ga, GWs are allowed by state law to go on property, outside of buildings, without a warrant, in the performance of their duties. The 4th protects us from improper searches and seizures in our homes, outbuuldings, and curtilage, and to some extent our vehicles, but a GW being on your land without your permission is not trepassing....at least not in Ga.

A GW's obvious duty is enforcement of wildlife laws. Wildlife is not owned by anyone. It is owned by the people of your state and held in trust by your state's wildlife agency to mange and conserve for the people. So, what does that mean? It means you or your neighbors cant legally help themselves to the wildlife irrespective of your state's laws.

That says unreasonable searches-reasonable searches are OK then.In other words they cant search without a reason.If they see something then they have a reason.
A search can be reasonable without a warrant.

I would not push till I get shot or assaulted but without a warrant I will refuse to unlock anything or participate. Game wardens are under the authority of the constitution no matter what lies they tell you.

P.S. If the local warden knocks on my door and asks if I have any wild meat or skins i will answer truthfully. Probably show them to him/her if there is a reason to look beyond my word.

WRONG BOZO !!!

w

Yes. The US Supreme Court has ruled (on many cases) that there are times when circumstances justify/override the need to secure a search warrant. When evidence of the crime could be easily destroyed or lost/when exigent circumstances exist for timesake/ for officer safety in certain situations such as traffic stops that may involve weapons within reach.....to name a few.

Oh...and when consent is given...a warrant is not needed.

Took 6 min for you to flip-flop on that...lol

Show up at my door demanding to search and see who gets fliped fooed

Good grief !

They can in Mississippi too, however they must have a reasonable suspicion that you have violated a game law. If you are caught say poaching they will be searching no paperwork needed. I can't say that I've ever heard of being abused or a problem here.

States may vary on what legal authority GW’s have. I know In Maryland, The Natural Resource Police (NRP) are the oldest State Police Force Agency in the State and have full authority to enforce ALL State Laws. They have full authority to search you, your house, or any building having probable cause or exigent circumstance that may exist. If other items are discovered in plain view that were not initially the probable cause, then they would come under items “incident to arrest” and generally, if time permits, a search and seizure warrant would be gained. Otherwise, as the old saying goes, “you don’t go looking for elephant in a desk drawer”.

I don't see a problem iffin you aint gots nothin to hide.

Wrong....depends on the State

I don't think it's legal in WI without a warrant. For you that say they can, please post a fact.

What state doesnt ensure its officers follow the 4th Amendment of the US Constitution?

Big payout of taxpayer $$ gonna happen in that state if there is one....

You should know by now I'm seldom wrong walleyed-quit making a fool of yourself.
Now go back and read what the game warden affirmed.

That is what I'm trying to figure out swamp wolf. In kansas our regulations clearly stated ithat it is illegal to deny a warden access to any place used to process or store wildlife. Are you saying this is untrue? In the last few years that has disappeared from our regulations.

To those who say they have nothing to hide. I guess if the cops show up at your door asking if they can look and see if you have any illegal guns or magazines you'll invite them in and open up the gun safe?

Im gonna assume that KS regulation refers to a business that handles wildlife. If that is so, the fact that it is a commercial business handling wildlife usually requires that business to comply with inspections. Here in Ga, our commercial wildlife permits have that stipulation as a condition of the permit.

For instance, we recently conducted inspections of several local seafood markets (during open business hours.) We waited until there were minimal/no customers inside before we requested the inspections. The owners understood the inspections and were fully compliant.

KS may have removed that reg's wording due to the fact that wildlife can be processed inside homes, non-commercially....where consent or a warrant would be needed in most every case.

I've hunted and fished my whole life and been trapping for the last 5 years, have respect for most wardens and Leo in general, but unfortunately after a couple dealings with wardens in separate states I have learned to just not say anything. Being honest cost me some money

You have agree to get the license here, and police are a different office as well here !

After watching those TV shows, Lone Star Law, or North woods Law, aint no way I'm letting them in without a proper warrant. I won't even open the door to talk to them, we can shout back and forth through it, or call my phone, i might answer. Lol

Yeah..sometimes, if your honest, it helps your case. But that depends on what you did.

Telling the Po-Po that you murdered someone likely wouldnt help your defense in a murder trial.

Iffin' GWs show up at your door they likely already have enuf info to make their case against you. An arrest warrant served will mean a trip to the grey bar motel and a bond to secure.

Opening the door and speaking to the nice officers may result in a ticket (or 2) and you get to sleep in.your own bed that night.

Just sayin'.

That would be a violation of the 4th Amendment, unlawful search and seizure. Without consent they would need a warrant. And a State Law can not supersede a federal law..

They best have real paper, a warrant or a battering ram. While their banging away I will be calling my lawyer to meet me at the grey bar motel, while I wait for them to knock the door down. They will find me sitting in my Lazy Boy, silent. I am a honest man, and won't be wrongfully pushed around. If they make up a ticket or two, that's what a lawyer is for. Their revenue depends on rollovers paying fines without a peep.

I've got nothing to hide, and I've also got nothing you're gonna see without a warrant.

No...their revenue does not...not in Ga. All fine $$ go to the county where violation occurred. GW are state officers.

I dont think the Po-Po would knock your door down wrongfully, but who knows?

Here the fine revenue is split up at the county level. A portion of fine money even goes to the local judges retirement fund. No conflict there. It's a for profit enterprise, as soon as they start loosing money, plea bargains are offered, or when you have lawyered up.

Our county has paid for more than a few broke down doors, or been sued for wrong address raids.

Thats happens too much. No excuse for it.

I'll offer this opinion. For some of you, it would be much cheaper to contact your attorney, or an attorney, before any situation arises and ask them to explain the 4th A to you and your State Law regarding "unreasonable search and seizures", than to have them represent you in a court of law afterwards. What you do after that advice is on you.