Court rules Game Wardens do not have Unbridled discretion to stop you.

[EastexHawg]

This case is far from a constitutional crisis.  Good grief, it was game wardens checking a hunting camp for hunting licenses, etc.  That should be exactly what they are suppose to do.  That is not.... "casting a big net to see what you have caught".  They have done this forever, & I don't seem to remember our constitution going away because of it. Wardens did not break down their house door to search, or even pull them over on the highway.  They found out the guy was a felon when they called headquarters to see if he actually had purchased a license....since he didn't have it on him.  Can they not even do that??

He wasn't hunting.  None of them were.  The officers did not observe anything indicating to them that a crime may have been committed...they were just checking to see what they could find.

If you don't believe he was detained, what do you suppose would have happened if he had tried to get in his truck and drive away when the game wardens first came on the scene?

When a law enforcement officer uses his official capacity to force you to consent to his demands, or even imply that you are unable to leave without consenting, you have been detained and the courts have already established that detainment = seizure.

When the officer has not observed any evidence of a crime, but is merely "checking around" to see if you MAY be violating a law...not a specific law, but some law...that is a detainment/seizure conducted without probable cause.  I don't know how you can read the 4th Amendment and decide that that's constitutional...because it's not.

That game wardens "have always done it that way" doesn't make it any more constitutional.  The ones who did it in the past merely got away with violating people's rights.

[Rzbakfromwaybak]

He wasn't hunting.  None of them were.  The officers did not observe anything indicating to them that a crime may have been committed...they were just checking to see what they could find.

If you don't believe he was detained, what do you suppose would have happened if he had tried to get in his truck and drive away when the game wardens first came on the scene?

When a law enforcement officer uses his official capacity to force you to consent to his demands, or even imply that you are unable to leave without consenting, you have been detained and the courts have already established that detainment = seizure.

When the officer has not observed any evidence of a crime, but is merely "checking around" to see if you MAY be violating a law...not a specific law, but some law...that is a detainment/seizure conducted without probable cause.  I don't know how you can read the 4th Amendment and decide that that's constitutional...because it's not.

That game wardens "have always done it that way" doesn't make it any more constitutional.  The ones who did it in the past merely got away with violating people's rights.

Nobody got a ticket for hunting, or not having a hunting license, or a game violation.  They all evidently had hunting licenses, & they were all at a hunting camp. 

Nobody got arrested but a felon in possession of drugs & a firearm, which is another felony.  I am firmly against wardens coming to your house, workplace, etc.... without reason/search warrant, etc.  If you are at a hunting camp in possession of a firearm, I see no problem with asking to see your hunting license.  It just doesn't seem like a lot to ask ......unless you are doing something wrong, like this felon obviously was.  Nobody gets citations/arrested unless they are breaking the law.  This felon had "no right" to be in possession of a firearm, & he got caught.

I respect your right & everyone else's to their own opinion, but  IMHO on this issue, we will just have to agree.....to disagree.

[Albert Einswine]

Nobody got a ticket for hunting, or not having a hunting license, or a game violation.  They all evidently had hunting licenses, & they were all at a hunting camp. 

Nobody got arrested but a felon in possession of drugs & a firearm, which is another felony.  I am firmly against wardens coming to your house, workplace, etc.... without reason/search warrant, etc.  If you are at a hunting camp in possession of a firearm, I see no problem with asking to see your hunting license.  It just doesn't seem like a lot to ask ......unless you are doing something wrong, like this felon obviously was.  Nobody gets citations/arrested unless they are breaking the law.  This felon had "no right" to be in possession of a firearm, & he got caught.

I respect your right & everyone else's to their own opinion, but in IMHO on this issue, we will just have to agree.....to disagree.

As a general rule, I prefer the constitution.

[covert]

Majority of poaching violations are reported by other hunters or citizens who see it happen so there is reasonable cause. I have a problem when they into a camp and checked licenses,steel shot,etc. If you're not attempting to take wildlife they shouldnt have the right to check you. Just like the law that was overturned several years ago about having your gun unloaded and cased during modern deer season, if i'm not shooting at a deer,duck or whatever game that is under their control it's none of their business how i carry or store my firearm. Just my 2 cents.

[DeltaBoy]

It nice to see the Wardens being force to play as nice as the local po po.