I'm curious about interacting with Game Wardens

[44magpastor]

I'm familiar with their powers and authority to search. My question is about how the 5th Amendment applies to these interactions. And how much "help" are you required to give, when dealing with a CO?

Do you have the right to remain silent? And does remaining silent give the officer probable cause, to investigate you further.


You are deer hunting. A CO approaches and performes a license check. No problem. You have all of my licenses and all is fine. Then he/she starts asking questions.

Do you have the right to refuse to answer?

Is failing to answer questions "Obstruction of Justice"? Personally I don't see how, unless there is evidence that a violation occurred. Being quiet doesn't necessarily mean a crime has been committed.

I get the "It's best to cooperate" and "if you aren't guilty, just answer" concept. That's not the point. I want to know if our rights apply, when it comes to game wardens.

When you are pulled over for speeding, you don't have to answer officer's questions. Does that apply to game wardens?

 

[GeorgiaGlockMan]

4th and 5th amendment

 

[Blackston]

I dunno …. But I know from experience if ya act like a jerk ya gettin treated like a jerks and even if ya in the dead wrong and are civil and compliant it can turn out ok

 

[44magpastor]

I dunno …. But I know from experience if ya act like a jerk ya gettin treated like a jerk

Agreed. But is exercising your rights "acting like a jerk"? That's kind of the point of the question. "Sir I prefer to remain silent" shouldn't generate retaliation.

 

[Blackston]

I agree , but I was criminal for a long time …. I just answer nowadays

 

[Railroader]

Green jeans has no more or less authoritaw to talk to you than any other lawman...

But there is a lot of difference between a normal conversation, and being directly questioned about a crime.

Once you have shown your license, and appear to be legal, you have the right to go on about your business. Unless he has reasonable cause to detain you, he gotta say bye bye...

Green jeans or any other cop can also talk with you about whatever he chooses, right up to the point of charging you, and then questioning you about the crime.

 

[buckpasser]

I might change my mind at some point, but my interaction has always been good with GA and FL GWs, even if there are legal infractions. I didn’t have some kind of $5 stamp while FL duck hunting a few years ago and I think using the approach of not answering any questions early on would have been a ticket instead of just a tutorial on how to purchase it on my phone and a “Thank you Sir” once I did.

 

[Toliver]

Green jeans has no more or less authoritaw to talk to you than any other lawman...

But there is a lot of difference between a normal conversation, and being directly questioned about a crime.

Once you have shown your license, and appear to be legal, you have the right to go on about your business. Unless he has reasonable cause to detain you, he gotta say bye bye...

Green jeans or any other cop can also talk with you about whatever he chooses, right up to the point of charging you, and then questioning you about the crime.

I think this answered it pretty well.

All law enforcement, local, state, federal, are bound by the same constitution and case law. Some may intentionally try to circumvent them and others may make honest mistakes when they're handling cases but nonetheless they are all supposed to abide by them.

 

[antharper]

There’s several on here , maybe one will answer your question .
The only ones I’ve had problems with I was actually the problem .

 

[buckmanmike]

Just say yes sir, no sir and give them the info they request. Then you can continue your hunting. Easy peasy.

 

[44magpastor]

For the record, I've never had a negative experience with a GW. I'm simply asking about how the law works.

I assume silence itself doesn't constitute probable cause. Don't see how it could.

 

[Dutch]

I have had interactions with GW's in 3 states (Ga. Fl. and AL). I have always been polite to them and never had a issue.

 

[transfixer]

if you're guilty of something then it's probably best to know your rights and not answer questions, if you're not guilty and act like you don't want to answer questions then that will raise suspicions, I've never had a problem answering whatever questions any game warden or law enforcement has asked me, just treat them with respect and act normal, most don't have an agenda and are simply doing their job

 

[Redbow]

I don't feel its law enforcements job to question me if I have done nothing wrong. Check my license ask if I have caught anything or killed anything, they don't have to ask other questions about what I am doing or where I am going after I hang my gun or fishing rod up. They can check me out by radio and see if I have any outstanding warrants, etc if they wish to do so.

Never had a problem with all my hunting and fishing over the years with any law enforcement officer. And its my right not to answer any questions that have nothing to do with what I am doing at the time and I will not. And if you want to search my vehicle then get a warrant.

 

[Blackston]

My Daddy taught me to never break more than one law at a time ( terrible advice parent wise but sound advice criminal wise )

 

[fireman32]

I’ve always had good interactions with wardens, but they have to prove you’re guilty. You don’t have to prove you’re innocent. 4th and 5th amendment applies.

 

[Ruger#3]

I’ve never had a problem with wardens and have been checked plenty. I have had one bad run in with a LEO and I quickly sensed things were very wrong and this wouldn’t go good being uncooperative. I cooperated and got myself away from him and dealt with it later.

 

[44magpastor]

if you're guilty of something then it's probably best to know your rights and not answer questions, if you're not guilty and act like you don't want to answer questions then that will raise suspicions, I've never had a problem answering whatever questions any game warden or law enforcement has asked me, just treat them with respect and act normal, most don't have an agenda and are simply doing their job

Agree with treating then with respect. Agree most are simply doing their job.

My question is about law.

Present an ID
Provide license, which shows no deer
Wearing orange vest
Not intoxicated or inhibited

There is no reason to suspect anything illegal has happened. The encounter should be complete, without further interrogation

 

[notnksnemor]

Public or private land?

 

[44magpastor]

I’ve never had a problem with wardens and have been checked plenty. I have had one bad run in with a LEO and I quickly sensed things were very wrong and this wouldn’t go good being uncooperative. I cooperated and got myself away from him and dealt with it later.

I had one very bad encounter with a GSP.

Was coming home from church, one night, back when we lived on a dead end dirt road.

When we turned off the highway, onto the dirt road, I saw him turn on his headlights, and pull in behind us. (He was at the intersection)

He followed us for probably a half mile, before stopping me for "speeding". He claimed to have followed me for 2 miles, on the highway before pulling me over there.

The guy was lying through his teeth. I saw him at the intersection. My wife saw him. We saw his headlights come on, before he crossed the highway.

The court wouldn't budge. "He probably was following you and you just didn't notice"

On Hwy 272, in Washington County, if someone is following you....you notice.