Hunting Washington Forum
Community => Advocacy, Agencies, Access => Topic started by: duckmen1 on October 23, 2012, 11:44:57 AM
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I was hunting Vail when we pulled up to an area to hike around the mountain to see across to the other side, when a game warden truck pulled up and two stepped out. My door was open and I started to walk up to them and show my license because I thought that's why they were stopping. He walked by without saying a word a started searching my truck, pack, guns etc. He ask were are handguns were and I told him we didn't have any. He then asked for my license and ask for my deer tag, I then told him I was hunting grouse that's why I had the shotgun, that my brother was hunting deer. He didn't seem to believe me even though all I had was bird shot with me. It's a good thing I left the rifle at home and did not go bear hunting, even though it would have been legal. I did not think they were aloud to just jump your truck without permission, or warrent and so I talked the the Lacey police department and they said he was in the wrong and I should have got his name.
I never do anything wrong and they are usually jerks about things
the other wardens earlier that day were nice guys though wish they were all like that
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Sucks.
Bad ones give them all a bad name.
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Fish and wildlife officers do have a right to search a vehicle without a warrant when there is probable cause of a fish or wildlife violation.
http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094 (http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094)
Maybe he could have been nicer about it, but it sounds to me like you're overreacting. He searched your vehicle, found nothing, and left you to go on your way. What harm was done?
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Fish and wildlife officers do have a right to search a vehicle without a warrant when there is probable cause of a fish or wildlife violation.
http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094 (http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094)
Maybe he could have been nicer about it, but it sounds to me like you're overreacting. He searched your vehicle, found nothing, and left you to go on your way. What harm was done?
Where is the probable cause?
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Fish and wildlife officers do have a right to search a vehicle without a warrant when there is probable cause of a fish or wildlife violation.
http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094 (http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094)
Maybe he could have been nicer about it, but it sounds to me like you're overreacting. He searched your vehicle, found nothing, and left you to go on your way. What harm was done?
Perhaps the harm is the violation of his constitutional rights?
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The law is such that you can be pulled and searched at any point if the warden has a reason to believe you are participating in any hunting activity.
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I betcha Outdoor Guardian chimes in here at some point.
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I am going out on a limb here but, the warden asked him about handguns. So maybe they had a call that had the same vehicle description as your rig. That was involved in some sort of case. Which would be enough probably cause to search your rig. But he did go about it in the wrong way.
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Fish and wildlife officers do have a right to search a vehicle without a warrant when there is probable cause of a fish or wildlife violation.
http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094 (http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094)
Maybe he could have been nicer about it, but it sounds to me like you're overreacting. He searched your vehicle, found nothing, and left you to go on your way. What harm was done?
Problem with probable cause it's in the eye of the beholder. Cops, gamies etc.. can make it up as they go along. Must be in that time of month when his quota was due so he wanted to use the old probable cause excuse. It'd been me I may have called him on it, or at least took his name and badge number.
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Fish and wildlife officers do have a right to search a vehicle without a warrant when there is probable cause of a fish or wildlife violation.
http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094 (http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094)
Maybe he could have been nicer about it, but it sounds to me like you're overreacting. He searched your vehicle, found nothing, and left you to go on your way. What harm was done?
Perhaps the harm is the violation of his constitutional rights?
ya that is exactly how tyrrany starts violate people slowy and anoumously so noone fights back.
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Although I am fully on board with treating people the way you expect to be treated I try to put myself in their shoes a little bit. Most cops do their job with the thought some of the people they come in contact with may be armed. In the woods during hunting season, all the people they come in contact with WILL be armed. Might raise my dander a little to. :dunno:
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Why not request them away from their truck, explain what was up, and do the search. I would be pissed if a F&W officer walked passed me and began going threw my vehicle. Something must missing from this original story to make it sound more dramatic? Or, did it go down like that word for word. :dunno:
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Fish and wildlife officers do have a right to search a vehicle without a warrant when there is probable cause of a fish or wildlife violation.
http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094 (http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094)
Maybe he could have been nicer about it, but it sounds to me like you're overreacting. He searched your vehicle, found nothing, and left you to go on your way. What harm was done?
Problem with probable cause it's in the eye of the beholder. Cops, gamies etc.. can make it up as they go along. Must be in that time of month when his quota was due so he wanted to use the old probable cause excuse. It'd been me I may have called him on it, or at least took his name and badge number.
PC for a gamie is you being in a forest during a hunting season with hunting clothes on. DFW LE have the most latitude of any LE in the state and for good reason. Most of the people with whom they're dealing are armed. This is not to say they shouldn't show courtesy. But who knows what had happened. Maybe, they just got a report of a truck matching your description and the occupants threatened someone else with a handgun. If this were the case, and it sounds like that actually might be close, they were probably pretty tense and courtesy took a back seat to adrenaline and awareness.
I'm a big fan of our beloved Bill of Rights and am not sure that DFW LE should have all of the latitude that it does. I just also realize that when you're dealing with armed civilians almost 100% of the time, it must be nerve-racking when you get a dangerous situation.
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... DFW LE have the most latitude of any LE in the state and for good reason...
Not if you include the feds and immigration. They can:
- Board and search conveyances within the customs waters
- Make warrantless entry into private lands (but not dwellings) within 25 miles of the border
- Set up highway checkpoints within 100 miles of the border at which everyone must stop
- Tear your car to pieces while searching it at a port of entry
- etc
All of that WITHOUT a warrant or even probable cause.
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Unless there is more to the story, they clearly violated your rights and we shouldn't "guess" what led up to their actions. Professional cops should clearly articulate why they are contacting you and why they want to search your vehicle. It's been a few years since I was a reserve officer but Probable Cause has nothing to do with searching your vehicle. It is simply evidence that you committed a crime and can arrest you based on probable cause that you committed it.... It used to be that a cop could search your vehicle AFTER arresting you from the vehicle (like during a traffic stop) but that has changed and they need a warrant now or your permission which you didn't give.
I would recommend that you file a formal complaint with HQ in Olympia.
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....Maybe, they just got a report of a truck matching your description and the occupants threatened someone else with a handgun....
Absent any other evidence, this would merely create "reasonable suspicion" but not "probable cause." Reasonable suspicion would give a LEO right to temporarily detain an individual to conduct an investigation with due diligence, but absent developing probable cause or obtaining your consent to search, I don't think a search of the trunk is legal. :twocents:
DO NOT CONSENT TO SMPD SEARCHES (http://www.youtube.com/watch?v=7asG-jOd4-I#noexternalembed)
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....Maybe, they just got a report of a truck matching your description and the occupants threatened someone else with a handgun....
Absent any other evidence, this would merely create "reasonable suspicion" but not "probable cause." Reasonable suspicion would give a LEO right to temporarily detain an individual to conduct an investigation with due diligence, but absent developing probable cause or obtaining your consent to search, I don't think a search of the trunk is legal. :twocents:
DO NOT CONSENT TO SMPD SEARCHES (http://www.youtube.com/watch?v=7asG-jOd4-I#noexternalembed)
Like I said, BC, DFW LE has way more latitude with searches than any other LE in the state.
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Fish and wildlife officers do have a right to search a vehicle without a warrant when there is probable cause of a fish or wildlife violation.
http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094 (http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094)
Maybe he could have been nicer about it, but it sounds to me like you're overreacting. He searched your vehicle residence, person, family, etc..., found nothing, and left you to go on your way. What harm was done?
Not picking on you Bob, but what if the above changes were made to your statement? Is there a difference? If LE has probable cause that's one thing. But to simply walk up and begin searching personal property without so much as a polite "Up yours"?
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Did you even read the link Bob shared? It specifically.excludes living quarters for gamies searching vessles.
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Did you even read the link Bob shared? It specifically.excludes living quarters for gamies searching vessles.
oops..... :-[ :bash: :sry: my fault.
RCW 77.15.094
Search without warrant — seizure of evidence, property — limitation.
Fish and wildlife officers and ex officio fish and wildlife officers may make a reasonable search without warrant of a vessel, conveyances, vehicles, containers, packages, or other receptacles for fish, seaweed, shellfish, and wildlife which they have reason to believe contain evidence of a violation of law or rules adopted pursuant to this title and seize evidence as needed for law enforcement. This authority does not extend to quarters in a boat, building, or other property used exclusively as a private domicile, does not extend to transitory residences in which a person has a reasonable expectation of privacy, and does not allow search and seizure without a warrant if the thing or place is protected from search without warrant within the meaning of Article I, section 7 of the state Constitution. Seizure of property as evidence of a crime does not preclude seizure of the property for forfeiture as authorized by law.
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Foot in mouth? Been there, done that 8) :hello:
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Fish and wildlife officers do have a right to search a vehicle without a warrant when there is probable cause of a fish or wildlife violation.
http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094 (http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094)
Maybe he could have been nicer about it, but it sounds to me like you're overreacting. He searched your vehicle, found nothing, and left you to go on your way. What harm was done?
What harm was done?
WHAT ARE YOU KIDDING ME? WHen there is probable cause. DOesn't sound like there was probable cause to just go through the vehicle without even talking to the guy. :bash: YOU GOT TO BE KIDDING ME!
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Yeah, crow sammich. Not the first time, and I'm sure it won't be the last!
I still believe the gamie handled it badly though. I don't believe the OP is overreacting, and I think I would take the time to make some kind of report about it to whatever authority is appropriate.
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Fish and wildlife officers do have a right to search a vehicle without a warrant when there is probable cause of a fish or wildlife violation.
http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094 (http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094)
Maybe he could have been nicer about it, but it sounds to me like you're overreacting. He searched your vehicle, found nothing, and left you to go on your way. What harm was done?
Perhaps the harm is the violation of his constitutional rights?
There are no such thing as constitutional rights anymore. But hey, we now have a fragile illusion of increased safety! What a trade!
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Game Wardens are cops. They can write speeding tickets or anything else like your regular cop can.
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Fish and wildlife officers do have a right to search a vehicle without a warrant when there is probable cause of a fish or wildlife violation.
http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094 (http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094)
Maybe he could have been nicer about it, but it sounds to me like you're overreacting. He searched your vehicle, found nothing, and left you to go on your way. What harm was done?
Perhaps the harm is the violation of his constitutional rights?
There are no such thing as constitutional rights anymore. But hey, we now have a fragile illusion of increased safety! What a trade!
OK, if you say so. I think there's still a Bill of Rights and normally if a person knows it, they're well protected. Hunting, however, is NOT a right (it should be and we can change that). Because it's a privilege, LE connected to it have additional powers that other LE don't have. I prefer to hunt and understand that DFW LE have extended powers with regards to search than not hunt and give them that power. You have a choice with this privilege. Take it or leave it.
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Fish and wildlife officers do have a right to search a vehicle without a warrant when there is probable cause of a fish or wildlife violation.
http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094 (http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094)
Maybe he could have been nicer about it, but it sounds to me like you're overreacting. He searched your vehicle, found nothing, and left you to go on your way. What harm was done?
What harm was done?
WHAT ARE YOU KIDDING ME? WHen there is probable cause. DOesn't sound like there was probable cause to just go through the vehicle without even talking to the guy. :bash: YOU GOT TO BE KIDDING ME!
Were you there and aware of the entire situation? I assume you must have been since you stated there was no probable cause.
I don't know if there was or not, and you don't either.
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OK, if you say so. I think there's still a Bill of Rights and normally if a person knows it, they're well protected. Hunting, however, is NOT a right (it should be and we can change that). Because it's a privilege, LE connected to it have additional powers that other LE don't have. I prefer to hunt and understand that DFW LE have extended powers with regards to search than not hunt and give them that power. You have a choice with this privilege. Take it or leave it.
As is driving, but the WSP still must follow the Bill of Rights
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Interesting that year after year the stories of rude gammies continue to tally up. I am one good encounter for seven bad ones. And most of the time I am weapon less just doing my thing in the woods (walking / scouting).
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Never had a bad encounter with a gamie. I guess I've been lucky.
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Fish and wildlife officers do have a right to search a vehicle without a warrant when there is probable cause of a fish or wildlife violation.
http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094 (http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094)
Maybe he could have been nicer about it, but it sounds to me like you're overreacting. He searched your vehicle, found nothing, and left you to go on your way. What harm was done?
Perhaps the harm is the violation of his constitutional rights?
There are no such thing as constitutional rights anymore. But hey, we now have a fragile illusion of increased safety! What a trade!
OK, if you say so. I think there's still a Bill of Rights and normally if a person knows it, they're well protected. Hunting, however, is NOT a right (it should be and we can change that). Because it's a privilege, LE connected to it have additional powers that other LE don't have. I prefer to hunt and understand that DFW LE have extended powers with regards to search than not hunt and give them that power. You have a choice with this privilege. Take it or leave it.
Fourth Amendment to the US Constitution:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
This has nothing to do with hunting not being a right. It has everything to do with privacy being a right.
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Like I said, if you don't like it, either make hunting a right or don't hunt. DFW LE has the right to search your vehicle while you're out hunting just because you're hunting. You might be able to beat a rap in court due to no PC, but that's the rules if you hunt. I'm not saying I like it, because I don't. It just is.
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Never had a bad encounter with a gamie. I guess I've been lucky.
If you see a lady game warden near Arlington........Don't even look at her :yike: :bdid: :bdid:
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I think it is strange that if his motive to check your vehicles had something to do with pistols then why did he not handcuff you and or atleast pat you down before checking your vehicle, If he had felt threatened in any way he would have handcuffed you before checking your vehicel.
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The story is right on the money.
I would have let him search the vehichle anyway because i had nothing to hide. All he had to do was talk to me about things first and I wouldn't be upset about anything.
I was even getting my license out to give to him as he walked right on by
and searched the truck.
Originally he didn't seem to care until the license was in my hand.
With reasonable cause, usually something is found.
He seemed upset not to find a loaded gun in the vehichle.
I gave no reason for any suspicion to be had.
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I only ran into wardens one time on the OlyPen several years ago. They checked my license, tags, etc. very professional and courteous. :tup:
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My only problem with filling a complaint is that i don't know the game wardens name.
And as far as saying I am over reacting like one had said on hear I don't understand that because all I did was tell other fellow hunters how we as hunters are being treated. That's all I have done.
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They will know who was in the area.
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All day I saw two warden trucks in the woods and 2 or 3 trucks back at the check station. Each were running in pairs.
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If it was the same pair of gamies we ran in to on the 2000 line Sat morning, they were nothing but professional to me and my wife.
I was pulled over on the side of the road glassing a hill side. They pulled behind my vehicle and both got out. We met, I shook the man's hand and asked how their morning was going so far and they were business but pleasant. Checked my wifes gun and lic. but not mine (I was not hunting).
Check the shot gun in back, wished us good luck and was on there way.
Had another one stop and check the deer the wife shot while I was gutting it, Checked the guns in the vehicle and moved on. The second one even had a bunch of snow on his truck from the upper hills.
Sorry you had a bad experience but that was not they way I was treated at all.
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He walked by without saying a word a started searching my truck, pack, guns etc.
I think what he did was clearly an illegal search. From the previously quoted RCW 77.15.094
.....may make a reasonable search without warrant of a vessel, conveyances, vehicles, containers, packages, or other receptacles for fish, seaweed, shellfish, and wildlife which they have reason to believe contain evidence of a violation of law
If it's not reasonable to think that game or fish is in a place, then WDFW has no authority to look there. A elk head can't be in a magazine, so there is no reason to look there to see if the gun is loaded. This authority is grossly misused.
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From this similar thread: http://hunting-washington.com/smf/index.php?action=post;quote=1163381;topic=91371.0 (http://hunting-washington.com/smf/index.php?action=post;quote=1163381;topic=91371.0)
Kramm and Zimmerman were d-bags! I got along with them fine but they were real plicks to some of my cousins. Kramm would come into our camp in Republic and go through every tent and firearm, then sit down and bs for 2 hours by the fire
This search was also illegal. LEO's need a warrant to search berthing areas, tents, campers, canopy shells and station wagons where a foam pad and sleeping bag are un-rolled
This authority does not extend to quarters in a boat, building, or other property used exclusively as a private domicile, does not extend to transitory residences in which a person has a reasonable expectation of privacy
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I am not sure what I would do...But i know this...I would be ticked off... When the LEO was done, I would be asking a few questions...Making a few calls to the WSDFW... It couldn't hurt...
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Like I said, if you don't like it, either make hunting a right or don't hunt. DFW LE has the right to search your vehicle while you're out hunting just because you're hunting. You might be able to beat a rap in court due to no PC, but that's the rules if you hunt. I'm not saying I like it, because I don't. It just is.
Hunting being a "right" has nothing to do with it, we participate in many activities everyday that aren't considered constitutionally protected "rights". Like someone stated earlier, driving for instance. DFW LE is given more latitude to determine what is "probable cause", but they still have to have probable cause or it is an illegal search.
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If I'm not mistaken we are still in the United States of America.. I realize Czar Bush tried to remove our freedom to travel around this great country, but we ARE still a FREE PEOPLE. Now I don't give a rats backside, anyone who thinks they can just go and search private property is saddly mistaken..You go looking through my truck, I don't care who you think you are, its going to get uglier than my sister - in - law(if that's even possible) real fast..Sounds to me this gammie was looking for a hospital stay..
Hunterman(Tony)
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Like I said, if you don't like it, either make hunting a right or don't hunt. DFW LE has the right to search your vehicle while you're out hunting just because you're hunting. You might be able to beat a rap in court due to no PC, but that's the rules if you hunt. I'm not saying I like it, because I don't. It just is.
Hunting being a "right" has nothing to do with it, we participate in many activities everyday that aren't considered constitutionally protected "rights". Like someone stated earlier, driving for instance. DFW LE is given more latitude to determine what is "probable cause", but they still have to have probable cause or it is an illegal search.
As I stated, I don't like it either and I believe in the power of my Bill or Rights.
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I don't think that you are overreacting at all.
:yeah: :tup:
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Fish and wildlife officers do have a right to search a vehicle without a warrant when there is probable cause of a fish or wildlife violation.
http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094 (http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094)
Maybe he could have been nicer about it, but it sounds to me like you're overreacting. He searched your vehicle, found nothing, and left you to go on your way. What harm was done?
What harm was done?
WHAT ARE YOU KIDDING ME? WHen there is probable cause. DOesn't sound like there was probable cause to just go through the vehicle without even talking to the guy. :bash: YOU GOT TO BE KIDDING ME!
:yeah: :yeah: :yeah: :yeah:
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Like I said, if you don't like it, either make hunting a right or don't hunt. DFW LE has the right to search your vehicle while you're out hunting just because you're hunting. You might be able to beat a rap in court due to no PC, but that's the rules if you hunt. I'm not saying I like it, because I don't. It just is.
Hunting being a "right" has nothing to do with it, we participate in many activities everyday that aren't considered constitutionally protected "rights". Like someone stated earlier, driving for instance. DFW LE is given more latitude to determine what is "probable cause", but they still have to have probable cause or it is an illegal search.
Hunting as a right might not have anything to do with this instance, but it would help to make these incidents go away. Once it becomes a right instead of a privilege, that takes the increased power of DFW LE away and would force them to abide by our rights of privacy in any circumstance. That is not the case presntly, obviously.
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Like the RCW said, they can only search your vehicle to gather evidence. Just because you are hunting in not legal authority to search. I would politely say, "Sir, I do not consent to a search" or something similar. Fighting back would be a bad idea and puts you in the wrong. Politely stand up for your rights and a true LEO Oath Keeper will respect that or they should get another job. I know cops who can bust plenty of bad guys following the rules.
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I'm a firm believer in the 4th amendment and all of it..........
----- and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized"
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Understanding the document did mention if the before mentioned officer had reason to believe a crime was commited, but again is my dissent to the whole thing. Is that law enforecement can make that up at their own whim. Seen it been harrassed by the law before so I know they do.
I think he could of reasonably asked for a warrant or some probable cause.
Hunting itself does not give law enforcement probabel cause I will argue against that forever. Condoning that kind of behavior is opening the door to despotism, and should be stopped in it's tracks.
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My only problem with filling a complaint is that i don't know the game wardens name.
And as far as saying I am over reacting like one had said on hear I don't understand that because all I did was tell other fellow hunters how we as hunters are being treated. That's all I have done.
If you really want to file a complaint, you aren't limited by the fact that you didn't get his name. There are only so many game officers, and if you give date and time, along with location, their boss WILL figure out who it was.
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http://wdfw.wa.gov/enforcement/surveys/feedback.html (http://wdfw.wa.gov/enforcement/surveys/feedback.html)
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Fish and wildlife officers do have a right to search a vehicle without a warrant when there is probable cause of a fish or wildlife violation.
http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094 (http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094)
Maybe he could have been nicer about it, but it sounds to me like you're overreacting. He searched your vehicle, found nothing, and left you to go on your way. What harm was done?
look up probable cause. they can not just walk up to your vehicle and start searching.
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It's obvious to me that if it hasn't been tested in court yet (don't know) then someone is going to have to do it. I would love to know if it has. I understand the reasoning for more latitude for the gammies, but I do see the conflict with the 4th.
As far as the whole 'probable cause' issue being a weak reason, IF he does find anything he will have to persuade a judge over someone's lawyer objection, so it will need to have merit.
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I've done more than a few cases exactly like this. I've won every one and it's an easy motion to suppress anything he would have found. I don't care if he found 50 lbs of cocaine, you would be walking on this one. I don't care if you are armed or the fact that his job is "tough". We have rights. You have the right to not feel the way you do right now. Someone invading your privacy. That being said, he really won't get in trouble because you have no damages really. Plus, most attorneys will just cut some deal and not call him on this BS. He gets away with it and keeps doing it...
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More reason to file a complaint. Those do go in the personel file.
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Ya I would file a complaint up to you though. As others have said even without a name or badge number dept head can figure out who was where, when, and at what time. If not then this will continue on to someone else.
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....Maybe, they just got a report of a truck matching your description and the occupants threatened someone else with a handgun....
Absent any other evidence, this would merely create "reasonable suspicion" but not "probable cause." Reasonable suspicion would give a LEO right to temporarily detain an individual to conduct an investigation with due diligence, but absent developing probable cause or obtaining your consent to search, I don't think a search of the trunk is legal. :twocents:
DO NOT CONSENT TO SMPD SEARCHES (http://www.youtube.com/watch?v=7asG-jOd4-I#noexternalembed)
Like I said, BC, DFW LE has way more latitude with searches than any other LE in the state.
Thats actually false. WDFW and "ex offico fish and wildlife officers" have the same search authority regarding fish and wildlife enforcement. Ex officio officers are city cops, county deputies, WSP troopers, and LE personnel from DNR, State Parks, NPS, USFS, USFWS, and NOAA/NMFS. When it comes to search authority WDFW and these personnel are on par.
Where the "big" difference was came to stop authority NOT search authority. Up until this year only WDFW Officers could stop you to check for licenses, tags, game, etc, a non-WDFW officer could roll up on you and do a check, but only WDFW could actually order you to stop.
HOWEVER this all changed this year. This year the WDFW asked the legislature to give ex officio officers the same stop authority as WDFW Officers. The legislature (almost unanimously) approved this. So as of Summer 2012 any law enforcement officer can stop you to do a check (just like WDFW) and any officer still can do the search.
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Thanks for the clarification.
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Gotta love the general anti-law enforcement topics that seem to pop up every week or so...
Always the same... a bunch of anti-gov's assuming that every LEO is violating their rights...
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....Maybe, they just got a report of a truck matching your description and the occupants threatened someone else with a handgun....
Absent any other evidence, this would merely create "reasonable suspicion" but not "probable cause." Reasonable suspicion would give a LEO right to temporarily detain an individual to conduct an investigation with due diligence, but absent developing probable cause or obtaining your consent to search, I don't think a search of the trunk is legal. :twocents:
DO NOT CONSENT TO SMPD SEARCHES (http://www.youtube.com/watch?v=7asG-jOd4-I#noexternalembed)
Like I said, BC, DFW LE has way more latitude with searches than any other LE in the state.
Thats actually false. WDFW and "ex offico fish and wildlife officers" have the same search authority regarding fish and wildlife enforcement. Ex officio officers are city cops, county deputies, WSP troopers, and LE personnel from DNR, State Parks, NPS, USFS, USFWS, and NOAA/NMFS. When it comes to search authority WDFW and these personnel are on par.
Where the "big" difference was came to stop authority NOT search authority. Up until this year only WDFW Officers could stop you to check for licenses, tags, game, etc, a non-WDFW officer could roll up on you and do a check, but only WDFW could actually order you to stop.
HOWEVER this all changed this year. This year the WDFW asked the legislature to give ex officio officers the same stop authority as WDFW Officers. The legislature (almost unanimously) approved this. So as of Summer 2012 any law enforcement officer can stop you to do a check (just like WDFW) and any officer still can do the search.
Bigtex,
What can they do if I get out of my rig, lock the door and stuff my keys in my pocket and refuse to unlock?
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If they can articulate that you are hunting/fishing, then I would imagine they could arrest you.
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Most likely would get an Obstructing a public servant charge at the very least. Based on those type actions obstructing or hindering his/her ability to perfprm their job/duties.
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Most likely would get an Obstructing a public servant charge at the very least. Based on those type actions obstructing or hindering his/her ability to perfprm their job/duties.
And you claim it was a force of habit. The case goes to court, you win, they give you the cops car and the flat-foot goes on foot patrol
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Gotta love the general anti-law enforcement topics that seem to pop up every week or so...
Always the same... a bunch of anti-gov's assuming that every LEO is violating their rights...
nothings wrong with anti gov as long as you don't let it get out of hand. anti gov or anti king is how we got started.
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I'm reading through the comments here, and I must say... Is this the same bunch I had several conversations with a couple years back? Ya'll sound much more informed than last time....
I must say, I'm extremely proud of most of you...
Amazing.
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I'm reading through the comments here, and I must say... Is this the same bunch I had several conversations with a couple years back? Ya'll sound much more informed than last time....
I must say, I'm extremely proud of most of you...
Amazing.
This site has undoubtedly got me peering at subjects in a nondiscriminatory way 8) :chuckle:
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Gotta love the general anti-law enforcement topics that seem to pop up every week or so...
Always the same... a bunch of anti-gov's assuming that every LEO is violating their rights...
When you run into a POS gamie you'll understand why some want to vent. Being a houndsmen I've had a few bad run ins with them. Honestly id say gamie's are the biggest joke of any LEO, 50% dont know half the laws they inforce
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Gotta love the general anti-law enforcement topics that seem to pop up every week or so...
Always the same... a bunch of anti-gov's assuming that every LEO is violating their rights...
When you run into a POS gamie you'll understand why some want to vent. Being a houndsmen I've had a few bad run ins with them. Honestly id say gamie's are the biggest joke of any LEO, 50% dont know half the laws they inforce
Coming from the guy who cant even spell ENFORCE :chuckle:
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Interesting perspectives. I've never had a bad experience with a gamie. I had one question me extra long one day when I told him we hadn't had any luck and he saw my hands covered with blood. Once I explained and showed him it was from working through some blackberries, he was fine.
I guess there can be bad any-occupation out there. Carpenters, cops, hunters, doctors. etc. In this case and with my past experience only on which to judge, I don't believe it's the rule. I believe it's the exception.
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Interesting perspectives. I've never had a bad experience with a gamie. I had one question me extra long one day when I told him we hadn't had any luck and he saw my hands covered with blood. Once I explained and showed him it was from working through some blackberries, he was fine.
I guess there can be bad any-occupation out there. Carpenters, cops, hunters, doctors. etc. In this case and with my past experience only on which to judge, I don't believe it's the rule. I believe it's the exception.
The difference is a bad carpenter, hunter, doctor, can't put you in jail, or write you a bogus ticket when they are in a bad mood because their wife wouldn't put out, or because they just want to be jerks.
For the most part I respect LEOs, it takes a special kind of person to do that job well. Sadly the blue wall does more to hurt their image than anything. I honestly believe if more police did a better job of calling the few bad ones to task for their behavior instead of trying to protect them, we would have fewer of the incidents we keep hearing about or seeing on TV. :twocents:
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Gotta love the general anti-law enforcement topics that seem to pop up every week or so...
Always the same... a bunch of anti-gov's assuming that every LEO is violating their rights...
When you run into a POS gamie you'll understand why some want to vent. Being a houndsmen I've had a few bad run ins with them. Honestly id say gamie's are the biggest joke of any LEO, 50% dont know half the laws they inforce
Coming from the guy who cant even spell ENFORCE :chuckle:
Being rebuked by someone who can't spell can't
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Gotta love the general anti-law enforcement topics that seem to pop up every week or so...
Always the same... a bunch of anti-gov's assuming that every LEO is violating their rights...
When you run into a POS gamie you'll understand why some want to vent. Being a houndsmen I've had a few bad run ins with them. Honestly id say gamie's are the biggest joke of any LEO, 50% dont know half the laws they inforce
Coming from the guy who cant even spell ENFORCE :chuckle:
Being rebuked by someone who can't spell can't
YOU KNOW YOU HAZ TO ENDED A SENTANCE WITH A PERIOD.. :chuckle: :chuckle:
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I hope that all of you "I know my rights" types and, those who say never consent to of my vehicle types stick to your guns. Those in law enforcement will tell the dirt bags who broke into your house, cars, trucks etc. the same advice. Good luck ever seeing justice or getting your belongings back. We should give a little to get a little. Me, I am LEO friendly.
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Gotta love the general anti-law enforcement topics that seem to pop up every week or so...
Always the same... a bunch of anti-gov's assuming that every LEO is violating their rights...
When you run into a POS gamie you'll understand why some want to vent. Being a houndsmen I've had a few bad run ins with them. Honestly id say gamie's are the biggest joke of any LEO, 50% dont know half the laws they inforce
Coming from the guy who cant even spell ENFORCE :chuckle:
Being rebuked by someone who can't spell can't
YOU KNOW YOU HAZ TO ENDED A SENTANCE WITH A PERIOD.. :chuckle: :chuckle:
:yeah:
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Gotta love the general anti-law enforcement topics that seem to pop up every week or so...
Always the same... a bunch of anti-gov's assuming that every LEO is violating their rights...
When you run into a POS gamie you'll understand why some want to vent. Being a houndsmen I've had a few bad run ins with them. Honestly id say gamie's are the biggest joke of any LEO, 50% dont know half the laws they inforce
Coming from the guy who cant even spell ENFORCE :chuckle:
Being rebuked by someone who can't spell can't
YOU KNOW YOU HAZ TO ENDED A SENTANCE WITH A PERIOD.. :chuckle: :chuckle:
:yeah:
(He was referring to you.)
Since you wish to be pedantic about it, spelling and punctuation are not the same. A word can be spelled correctly but incorrectly punctuated.
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I hope that all of you "I know my rights" types and, those who say never consent to of my vehicle types stick to your guns. Those in law enforcement will tell the dirt bags who broke into your house, cars, trucks etc. the same advice. Good luck ever seeing justice or getting your belongings back. We should give a little to get a little. Me, I am LEO friendly.
Oh, I always deny unwarranted search. I'm also polite and I appreciate what they do. This may have an effect on how I'm treated. I think I come off well even though I don't give anything away.
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Even though I did not care for the situation I still respect seeing the game wardens out there patrolling the area wish I would see them more often while hunting everywhere.