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-   -   CA Supreme Court says Game Wardens don't need a Warrant (http://www.professionalsoldiers.com/forums/showthread.php?t=34104)

alelks 05-22-2012 18:06

All I can say is that in this day and time if someone breaks down my door even yelling "POLICE" and I fear for the life of myself or my family the intruders are going to die. There would be absolutely no reason for any law enforcement officer to be breaking into my house. How am I to know they are telling the truth just by yelling? I mean it's not like crooks haven't done that before.

I'll protect my family first and deal with the consequences later.

If for some reason they break my door down my mistake thinking it's someone else then it's their mistake and they face the consequences as I'm not taking any chances with my family's life.

badshot 05-22-2012 20:52

Quote:

Originally Posted by SLVGW360 (Post 400505)
Hunting and fishing are privileges that can be taken away. There is no right there.

On the other hand, if you are referring to the right to be free from unreasonable searches and seizures, I can tell you there is a lot of gray area. As you can see, if you read the document that the court was weighing several needs.

I work in Colorado and can tell you that our laws are somewhat similar, but the intent of the 4th Amendment is adhered to very rigorously. I am not going to armchair quarterback what this warden did because I was not there with him and didn't see what he saw. Even the documentation given doesn't really paint the entire picture of what actually occurred. For many reasons cited in this document officers in my profession are given additional latitude due the nature of the environment in which we work. However, just because you might be able to do something does not necessarily mean that you ought to. It is all a balance and ties should go to your civil rights as a citizen of this country.

Poaching is no grand accomplishment. Wildlife crime is very easy to perpetrate and evidence is also easily destroyed. Also, I can tell you that wildlife laws are rarely seen as being as "important" as other laws. The dumb ones usually get caught relatively quickly. The smart ones just take a little more time. I have seen my share of grown men cry with snot half way down to their belt line. No class is immune (i.e. everyday criminals, really bad guys, regular guys, cops, soldiers (I was almost shot by one on 9/12/01), judges, clergy); we've caught them all. Having a few tricks up your sleeve that are santioned by the courts are necessary to be able to make a case on individuals who are having a major impact on your resources.

Whomever stated that this is a thankless job is correct. That's ok. We didn't get into it because of the fame or the money. We do it because we care about wildlife. Remember, cops sometimes die protecting other people. Some of us die protecting animals.

FWIW

RB

Nice RB and thank you...

Some folks don't know prevalent it is (one of the top crimes committed) or for the most part, you're on your own with perps (ie. no backup)

Montana does a poor job in this area, from paying the Wardens little compared to other leo's, having very few that focus on enforcement with no days off (ie. on call 24/7), and small consequences...unless of course you're an outfitter without a license...Anyone whom wishes to refute this, check their budget online before doing so please. What's on TV isn't always reality.

Good to know many other states that I'm not personally aware of do take it seriously.

bs

badshot 05-22-2012 21:04

National Forest is over there
 
Quote:

Originally Posted by Destrier (Post 449679)
I was not articulate enough in my previous posting.

Where I am located, military and retired military do not pay for tags, we simply go down to the hardware store and they hand them to us. I have 5 hunters in the house. One retired, 2 currently active military. Which puts us at 3 at no cost permits and 2 that we pay for permits. The deer population in my surrounding area is indeed over abundant. Vehicles making one to two dead deer on the side of the road on my 18 mile drive to work weekly (before retiring) is common. It is also the primary cause of vehicle accidents in the county. Farmers are given lee way to protect crops etc. I hunt on my private property. I do not need to wander onto my neighbors properties unless I need to track a wounded animal, which has happened only once. Of which I have permission.

For several years I had to remove new tree stands that kept showing up on my property and run off individuals that choose to ignore the signs requesting that any wishing to hunt my property knock on the door and ask. Just not a fan of unknown individuals wandering around.
Three years ago a group of coyote hunters and dogs nearly ran my wife and youngest in a stroller over on our path half a mile back. Same group had trucks on the main roadway with guys sighting over the hoods of their trucks across the open fields of my neighbors. Hunters-Poachers are out and about that need a lesson in hunting and property rights.

Had similar issues myself. Spent two years with a National Forest agent, Sheriff deputies, and neighbor learnin em'

:D


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