HuntingNet.com Forums - View Single Post - land owners
Thread: land owners
View Single Post
Old 12-05-2005 | 01:31 PM
  #31  
zekeskar
 
Joined: Feb 2003
Posts: 494
Likes: 0
From: USA
Default RE: land owners

ORIGINAL: Sylvan

Last I checked the 4th ammendment had not been repealed. No government agent may enter your house (or curtaledge) without probable cause suported by an "Oath or affrirmation" (search warrant) unless there is immediate action required to stop a crime. In other words a police officer if he sees someone about to kill someone may break in to save the person without a warrant or for example if he sees a drug deal going on through a window. With regard to game wardens being able to come into your home and search your freezer any time they want; whoever told you this is full of B.S. Your truck and your land beyond your immediate living area or again curtaledge is a different matter and its true that a game warden has more leeway here than does a police officer.
Interesting points about the 4th amendment and ones I agree with wholeheartedly. I've always wondered why Fand G guys have more latitude for searching vehicles. Maybe because during hunting season in places people hunt, case law has developed a standard of "probable cause" that is different than at other times and places. I think maybe the bottom line is that without that ability, it would be difficult to have enforcable game laws, very easy to hide game (especially birds, but also deer). When shades of grey are encountered (like in probable cause issues), the courts do take into consideration the societal benefit or cost of shading one way or the other.

I'm just musingn- I'm a firm, firm believer in constitutional protections (all of them, not just the ones that are popular among the right or left wings), but also have this gut-feeling that F&G searches are reasonable. Maybe because I grew up understanding what the rules were during hunting season, you could call it brain washed.

I'm interested in hearing other's reasoning and opinions.
zekeskar is offline  
Reply