Bucky T
GONetwork Member
As long as they don't harass me or really try to "dig" a ticket out of me, I'm fine with it. I've got nothing to hide and my only deer this year is signed off on my tag.
Tommy
Tommy
Welcome Guest!
DNR Roadblocks
- Thread starter Aztec
- Start date
L
Lucky Chandler
Guest
Street corner law
ladr and Mr. Rooks,
I have some excellent beach front property in Arizona that I'm selling at bargain basement prices this week only. Call me and I'll have you fixed right up! Seriously fellows, y'all need to start filtering what you hear and straining out the hogwash. While rangers do have the right to inspect certain areas under the open fields doctrine and pursuant to boating laws, after that, they're just like other law enforcement.
I'm once more amazed at how many people will so willingly surrender their Constitutional rights.
ladr and Mr. Rooks,
I have some excellent beach front property in Arizona that I'm selling at bargain basement prices this week only. Call me and I'll have you fixed right up! Seriously fellows, y'all need to start filtering what you hear and straining out the hogwash. While rangers do have the right to inspect certain areas under the open fields doctrine and pursuant to boating laws, after that, they're just like other law enforcement.
I'm once more amazed at how many people will so willingly surrender their Constitutional rights.
Throwback
Chief Big Taw
I think the Ranger was giving them a "Bill Clinton" answer and only telling what he needed to tell to keep suspicion up. YES, they can search w/o a warrant--if you give permission, exigent circumstances, etc.!
BUT NOT just cause "They're the game warden"!T
deerman1
Member
as far as roadblocks go game wardens have guidelines they have to go by. These guidelines are just like the troopers guidelines. The only way they can search your vehicle is if they have consent or have probable cause. They just like every other LE agency can also use dogs. The only way they can ask for your hunting licenses is if you have some type of wildlife in your vehicle. If you do you must have a license to have it or have the license info. for the person you are transporting it for. Now if you have blood in your truck you may get questioned about it. The game warden has to do what we pay him to do. This doesn't mean he can give you a hard time. It means he can try to determine if the blood was from a legally taken animal. It is his job.
Game Wardens do have more power than other LE agencies as far as their rights go. They can go on private property in the performance of their duties. They have to to perform their job. They can search your house without a warrant but only if they have probable cause or your consent. The same probable cause a judge would require before giving him a warrant to search. Just like any other LE agency.
I have only been through one DNR roadblock but would love to see more. It's my thoughts that if you're not doing anything wrong then you shouldn't mind being checked. If one of the officers does something you think is wrong get in touch with his supervisor.
Game Wardens do have more power than other LE agencies as far as their rights go. They can go on private property in the performance of their duties. They have to to perform their job. They can search your house without a warrant but only if they have probable cause or your consent. The same probable cause a judge would require before giving him a warrant to search. Just like any other LE agency.
I have only been through one DNR roadblock but would love to see more. It's my thoughts that if you're not doing anything wrong then you shouldn't mind being checked. If one of the officers does something you think is wrong get in touch with his supervisor.
L
Lucky Chandler
Guest
Not quite true
deerman1,
If LE is going to search MY house, they better have more than "probable cause" subjectively determined by an officer - they MUST have one of those little thingamajigs called a "search warrant" which has been issued (in theory) by a "neutral and detached magistrate" (you know, like the Constitutions - both Federal and State require); OR they better have some really, really, really good exigent circumstance (oh, like, "the house is going to blow away in a tornado in five minutes so we have to search it RIGHT now" ) - OR they better catch me in a completely stupid phase during which I am idiot enough to give consent. Otherwise, no search.
Seriously, I don't know where you got your information, but a search warrant, not just probable cause (whatever that nebulous term means) is needed to search a person's house.
deerman1,
If LE is going to search MY house, they better have more than "probable cause" subjectively determined by an officer - they MUST have one of those little thingamajigs called a "search warrant" which has been issued (in theory) by a "neutral and detached magistrate" (you know, like the Constitutions - both Federal and State require); OR they better have some really, really, really good exigent circumstance (oh, like, "the house is going to blow away in a tornado in five minutes so we have to search it RIGHT now"
) - OR they better catch me in a completely stupid phase during which I am idiot enough to give consent. Otherwise, no search.Seriously, I don't know where you got your information, but a search warrant, not just probable cause (whatever that nebulous term means) is needed to search a person's house.
sgsjr
Banned
Seems to me there would be a more efficient way to use their time but they do get a lot of visibility when they do a road block.. Maybe thats what they are really after and it works to their advantage.
mpowell
Senior Member
Just 1 More said:
how does the DNR know you've even been hunting??? they don't. however, if you're driving a car, you're fair game for any checks dealing with the operation of that vehicle. that's the difference.
mpowell
Senior Member
i have serious concerns about this issue. DNR roadblocks set up for the sole purpose of targeting hunters is DEFINITELY profiling and wrong!
you don't think if they decided one day just to target black folks at roadblocks for "statistical reasons" you wouldn't have every activist in america down here that day???
now, if it's a combination of various law enforcement officials checking for driver's licenses, registrations, etc. and EVERYONE is being stopped and DNR happens to be in on the search for illegal game, i don't have a problem. in that instance, ALL drivers are being stopped and examined.
but, if cars are let go without a second thought and only muddy trucks, guys with camo, or "suspected" hunters are stopped and checked, no way.
i'm a law abiding citizen and i don't mind LEO's doing their jobs. but, this IS still america!
you don't think if they decided one day just to target black folks at roadblocks for "statistical reasons" you wouldn't have every activist in america down here that day???
now, if it's a combination of various law enforcement officials checking for driver's licenses, registrations, etc. and EVERYONE is being stopped and DNR happens to be in on the search for illegal game, i don't have a problem. in that instance, ALL drivers are being stopped and examined.
but, if cars are let go without a second thought and only muddy trucks, guys with camo, or "suspected" hunters are stopped and checked, no way.
i'm a law abiding citizen and i don't mind LEO's doing their jobs. but, this IS still america!
deerman1
Member
DNR roadblocks are set up for the purpose of catching people with illegal wildlife just like DUI roadblocks are set up to catch drunk drivers. All vehicles are checked and traffic violations are also addressed.
Also if a LE officer sees something in plain view that is a violation of the law, it gives him the right to enter the house and seize the item which may, but not in all instances, give him the right to search the house without a warrant.
Also if a LE officer sees something in plain view that is a violation of the law, it gives him the right to enter the house and seize the item which may, but not in all instances, give him the right to search the house without a warrant.
Lumpkin Hunter
Senior Member
I have no problem with going through a road block and them look at my vehicle and check my drivers liscense. But if I am with my family in street clothes and not actually hunting I believe it is completely wrong for them to ask for my hunting liscense. How would they know I am a hunter? If I told them I didn't have hunting liscense what could they do? To me it is terribly wrong for the DNR to ask for my hunting liscense if I am not hunting or on a WMA during a hunt. If I am in my truck and going down the road wearing camo with a gun in case, tree stand in the back of the truck and pulling my 4-wheeler, as long as I don't have a deer I still don't see where they should have the right to ask for my hunting liscense. If I am coming out of the woods and they are at the road that is a different story to me as long as I have a hunting weapon with me. Heck as long as I don't have a hunting weapon with me what right do they have to ask for my hunting liscense even if I have a treestand, 4-wheeler and camo on everywhere. Isn't it legal to sit in a treestand with out a weapon anytime of year wearing camo? Isn't it legal to ride my 4-wheeler wearing camo any time of year?
Just my 2cents worth.
Just my 2cents worth.
Mechanicaldawg
Roosevelt Ranger
Lumpkin,
I understand how you feel. However in the big scheme of things, what's the big deal? Don't we have more pressing problems to concern ourselves with.
And besides, I'm proud of my hunting license and will be happy to show it to anyone that wants to see it.
BTW, I think that NOT profiling is a stupid policy that should be done away with now. If you are looking for illegal hunters, check hunters. If you are looking for Islamic Terrorists look at 25-30 year old arab males.
It is common sense.
I understand how you feel. However in the big scheme of things, what's the big deal? Don't we have more pressing problems to concern ourselves with.
And besides, I'm proud of my hunting license and will be happy to show it to anyone that wants to see it.
BTW, I think that NOT profiling is a stupid policy that should be done away with now. If you are looking for illegal hunters, check hunters. If you are looking for Islamic Terrorists look at 25-30 year old arab males.
It is common sense.
Snakeman
Senior Member
What's that got to do with the LAW?Jeff Young said:
The Snakeman
Mechanicaldawg
Roosevelt Ranger
Is there a law that says that if someone looks like they're up to something that you must avoid contact at all costs?
Evidently there is now. And that is ridiculous.
If it walks like a duck and quacks like a duck it ain't a rabbit.
Evidently there is now. And that is ridiculous.
If it walks like a duck and quacks like a duck it ain't a rabbit.
If You think thats strange......
....then check this one out. Years ago I went down to Dixon WMA (Waycross State Forest then I think) on a bear hunt. Upon check-in you had to give the authorities your driver's license to keep til you returned ..... yet just a mile down the road the Ware Co. Sheriff had set up a license check???? You guessed it, hunters coming from the checking station were being ticketed for driving without a license. Apparently the Sheriff and Game & Fish ( back then ) were having some kind of running feud. How's that for not having anything better to do?
....then check this one out. Years ago I went down to Dixon WMA (Waycross State Forest then I think) on a bear hunt. Upon check-in you had to give the authorities your driver's license to keep til you returned ..... yet just a mile down the road the Ware Co. Sheriff had set up a license check???? You guessed it, hunters coming from the checking station were being ticketed for driving without a license. Apparently the Sheriff and Game & Fish ( back then ) were having some kind of running feud. How's that for not having anything better to do?
gabowman
Senior Member
It would be a refreshing site to me to see a state patrol road block with a DNR ranger checking for illegal deer here in Elbert county. Hadnt seen that since the "Gene Anderson" days.
GB
GB
Throwback
Chief Big Taw
Tin foil hat time!
T
T
Lumpkin Hunter
Senior Member
Jeff Young
In the big scheme of things it is a big deal but not in the small scheme.
Anywhere you go your Drivers liscense is your ID. If you are with your family or anyone else as far as that goes and you do not have in posession a game animal there is no reason for anyone with the DNR or any other STATE or FEDERAL orgizination need to see your hunting liscense.
By the way I am very, very proud to be a hunter and don't mind showing my hunting liscnse if need be I just don't like anyone infringing on my privacy. I take great pride in following game laws, hunting with ethics, hunting safely and introducing others to hunting.
I also fully support the DNR and respect their position, but I am a realist and know that there are people that abuse their authority just because they can. These are the people (regardless what they do for a living) that I just don't have much patience for.
I don't want to step on anyone's toes and generally don't like getting into these types of discussions, but I just had to say what I did previously.
Hunt hard, hunt safe and God bless each and everyone of you.
I hope all of you have a safe and happy holiday season.
Merry Christmas--remember Christ is the reason for the season.
In the big scheme of things it is a big deal but not in the small scheme.
Anywhere you go your Drivers liscense is your ID. If you are with your family or anyone else as far as that goes and you do not have in posession a game animal there is no reason for anyone with the DNR or any other STATE or FEDERAL orgizination need to see your hunting liscense.
By the way I am very, very proud to be a hunter and don't mind showing my hunting liscnse if need be I just don't like anyone infringing on my privacy. I take great pride in following game laws, hunting with ethics, hunting safely and introducing others to hunting.
I also fully support the DNR and respect their position, but I am a realist and know that there are people that abuse their authority just because they can. These are the people (regardless what they do for a living) that I just don't have much patience for.
I don't want to step on anyone's toes and generally don't like getting into these types of discussions, but I just had to say what I did previously.
Hunt hard, hunt safe and God bless each and everyone of you.
I hope all of you have a safe and happy holiday season.
Merry Christmas--remember Christ is the reason for the season.
It would appear that some folks missed the recent post, maybe a month ago, that discussed searches and seizures when the issue of roadblocks came up - some would find the legal knowledge provided there useful here. At least in the aspect besides not knowing.
Did it ever occur that by not asking you for your hunting license it may create an illegal roadblock? Did it ever occur that stopping everyone at roadblock is not profiling? If you don't know what is required to exercise a legal roadblock, then how can you possibly know what is illegal? If you don't understand your rights and legal protections, then how do you know they have been violated?
Reading is an underutilized gift.
Did it ever occur that by not asking you for your hunting license it may create an illegal roadblock? Did it ever occur that stopping everyone at roadblock is not profiling? If you don't know what is required to exercise a legal roadblock, then how can you possibly know what is illegal? If you don't understand your rights and legal protections, then how do you know they have been violated?
Reading is an underutilized gift.
