Fourth Amendment Rights

[eric]

I always wondered what gives a Texas game warden the right to stop your boat without probable cause for check. It is a sure thing you will be checked on all safety issues and especially if they see you fishing to check your fishing license. Now does law enforcement have the right to pull your car over because you are driving on a road? I am confused on the difference and their thinking.

[anygunanywhere]

IANAL, I never played one on tv, this is my $.02 worth.

It is because you are engaged in an outdoor activity.

It is my understanding, and I hope the legal minds here can cite precedent, that game wardens have more leeway to enforce game laws and are allowed more discretion that might seem to run counter to the 4A protections given motorists.

This also applies to your residence, I believe, if the wardens suspect you have violated game laws and have evidence in your home.

Let me up front and say that I really appreciate what wardens do. They are gutsy individuals, and every time I have been stopped by one they have been courteous and respectful. They all seemed to really love their job and truthfully they all were a credit to their profession.

Their stops are annoying, but they are doing their job.

I was hunting on some Type 2 land (not sure if this program is still around) back in the 80's up in the piney woods. I was planted next to a tree in a clearing in some clear-cut waiting for the whitetails to show themselves. I was checked by three wardens in a period of 2 hours.

The third one asked me the old "How ya doin'?" and I replied "If you wardens wouldn't check my license every 30 minutes I might kill something."

He told me they were looking for a poacher running dogs.

I asked "Is he driving a red Chevy with 5 or 6 hounds in the back?"

The warden replied in the affirmative.

"He went thataway about 15 minutes ago. You should have kept driving and you probably would have caught him. You dont see any dogs in my red Bronco do you?"

"Sorry. Have a nice day."

Anygunanywhere

[seamusTX]

Game wardens have the power (not the right) to inspect vehicles and boats when they have a reasonable suspicion that they might find illegally taken game or fish. This power is granted by the Texas Parks and Wildlife Code:

§ 12.104. RIGHT TO SEARCH AND INSPECT. (a) A game warden or other peace officer commissioned by the department may search a game bag, vehicle, vessel, or other receptacle if the game warden or peace officer has a reasonable, articulable suspicion that the game bag, vehicle, vessel, or receptacle contains a wildlife resource that has been unlawfully killed or taken.

Probably there are federal laws involved, as migratory birds and endangered species are protected by federal law.

An experienced police officer can always articulate a reasonable suspicion after finding contraband ("he was sweating and glancing nervously at the bait box"). Sometimes a judge rejects the assertion, but only after the defendant has spent a wad of money.

- Jim

[eric]

yes jim, game wardens have more power on any issues, but when checking you just because they see you in boat fishing or driving around is not reasonable cause. It happens every time if they see you and you can't deny it.

[tarkus]

I always wondered what gives a Texas game warden the right to stop your boat without probable cause for check. It is a sure thing you will be checked on all safety issues and especially if they see you fishing to check your fishing license. Now does law enforcement have the right to pull your car over because you are driving on a road? I am confused on the difference and their thinking.

The Fourth Amendment only protects against unreasonable search and seizure. A game warden searching your boat without a warrant is reasonable. Like all the reasonable restrictions on the Second Amendment.
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[anygunanywhere]

Thanks for answering eric's question, guys. I guess I missed the boat!

Pun intended!

Anygunanywhere