5 ms·

I don't think this is true. Game wardens cannot enter your house to search it without a warrant, and you certainly don't always have to have meat tagged.

by neaden 5y ago

User23 5y ago
I’m afraid it is[1]. It’s straight up medieval Sheriff of Nottingham authority. Feel free to check with an attorney in your state. [1] https://www.quora.com/Can-a-game-warden-come-into-your-house-and-check-the-freezer-for-game-meat-without-a-warrant?share=1 https://www.quora.com/Can-a-game-warden-come-into-your-house...
- rootusrootus 5y ago
  Trying to find an authoritative source for this claim leads to a mountain of right-wing sites asserting it to be correct, along with some sites saying it is bunk. Lacking is an actual, reputable source that addresses the question. Seems like this question is more conspiracy theory than anything.
  - User23 5y ago
    As I said, call an attorney in your state and ask. I’m not offering legal advice, I’m just telling you what everyone with a hunting license knows. Poor Google search results don’t change the law. Edit: Imagine thinking that acknowledging an odious but legal government power is “SovCit garbage.” By all means, mess with a game warden and see what happens. It’s about as stupid as sassing customs.
    - 4oh9do 5y ago
      Can you provide a documented example of this actually happening--of a game warden coming into someone's house and looking in their fridge without a warrant and without the owner's consent?
      - Brybry 5y ago
        This might vary by state. I looked up for my state, Louisiana, and the law[1] is worded fairly broadly and it doesn't specifically list homes but it seems to me it could easily be interpreted that way. I found one case of searching on private property without a warrant where initial trial court said it was a Fourth Amendment + Louisiana Constitution violation but the appeal court reversed the decision[2] and the state supreme court denied the review request[3]. I think it's probably nuanced? Like if a game warden sees you unload game from your truck them maybe they can go into your home without a warrant? But they probably couldn't legally pick a random house and search it for no reason without a warrant? I am not a lawyer, not legal advice, etc etc. [1] http://legis.la.gov/legis/Law.aspx?d=105379 http://legis.la.gov/legis/Law.aspx?d=105379 [2] https://caselaw.findlaw.com/la-court-of-appeal/1491867.html https://caselaw.findlaw.com/la-court-of-appeal/1491867.html [3] https://calculators.law/caselaw/decisions/x5yN6QjJe3Z0/cason-v-state-department-of-wildlife-fisheries https://calculators.law/caselaw/decisions/x5yN6QjJe3Z0/cason...
        bryanrasmussen 5y ago
        >I think it's probably nuanced? Like if a game warden sees you unload game from your truck them maybe they can go into your home without a warrant? so just like if a cop sees you unloading dead people from your truck they can go into your home without a warrant.
        User23 5y ago
        The cop needs probable cause, which seeing you transporting corpses clearly is. However, the game warden only needs suspicion. That’s a considerably lower bar to clear. He definitely doesn’t need to see the poached animals.
        neaden 5y ago
        This isn't true though. Police can search with reasonable suspicion in all kinds of circumstances, Terry v Ohio for instance allows for the police to stop and frisk someone on reasonable suspicion of them being involved in a crime and armed. I haven't seen any citation that a game warden can enter your home and search your freezer on reasonable suspicion and all you've linked in a Quora answer by some guy who's qualification is "published author" not a lawyer or a legal opinion. If a game warden has reasonable suspicion that you are committing a crime they can pretty clearly search say a cooler you have with you when fishing, trying to say this means they can enter your house and search it is an unfounded leap.
  - xxpor 5y ago
    It's standard SovCit garbage. Don't wear yourself out reading the nonsense.
  - tyingq 5y ago
    For Texas: https://statutes.capitol.texas.gov/docs/PW/htm/PW.12.htm https://statutes.capitol.texas.gov/docs/PW/htm/PW.12.htm See section 12.102 It shows the truth is mostly "no, they can't", at least for Texas. "Residence" and "Temporary Residence" are specifically excluded. There's some room for maybe a freezer in plain view on your porch or similar.

I don't think this is true. Game wardens cannot enter your house to search it without a warrant, and you certainly don't always have to have meat tagged.

by neaden 5y ago

I don't think this is true. Game wardens cannot enter your house to search it without a warrant, and you certainly don't always have to have meat tagged.

User23 5y ago

I’m afraid it is[1]. It’s straight up medieval Sheriff of Nottingham authority. Feel free to check with an attorney in your state. [1] https://www.quora.com/Can-a-game-warden-come-into-your-house-and-check-the-freezer-for-game-meat-without-a-warrant?share=1 https://www.quora.com/Can-a-game-warden-come-into-your-house...

rootusrootus 5y ago
Trying to find an authoritative source for this claim leads to a mountain of right-wing sites asserting it to be correct, along with some sites saying it is bunk. Lacking is an actual, reputable source that addresses the question. Seems like this question is more conspiracy theory than anything.
- User23 5y ago
  As I said, call an attorney in your state and ask. I’m not offering legal advice, I’m just telling you what everyone with a hunting license knows. Poor Google search results don’t change the law. Edit: Imagine thinking that acknowledging an odious but legal government power is “SovCit garbage.” By all means, mess with a game warden and see what happens. It’s about as stupid as sassing customs.
  - 4oh9do 5y ago
    Can you provide a documented example of this actually happening--of a game warden coming into someone's house and looking in their fridge without a warrant and without the owner's consent?
    - Brybry 5y ago
      This might vary by state. I looked up for my state, Louisiana, and the law[1] is worded fairly broadly and it doesn't specifically list homes but it seems to me it could easily be interpreted that way. I found one case of searching on private property without a warrant where initial trial court said it was a Fourth Amendment + Louisiana Constitution violation but the appeal court reversed the decision[2] and the state supreme court denied the review request[3]. I think it's probably nuanced? Like if a game warden sees you unload game from your truck them maybe they can go into your home without a warrant? But they probably couldn't legally pick a random house and search it for no reason without a warrant? I am not a lawyer, not legal advice, etc etc. [1] http://legis.la.gov/legis/Law.aspx?d=105379 http://legis.la.gov/legis/Law.aspx?d=105379 [2] https://caselaw.findlaw.com/la-court-of-appeal/1491867.html https://caselaw.findlaw.com/la-court-of-appeal/1491867.html [3] https://calculators.law/caselaw/decisions/x5yN6QjJe3Z0/cason-v-state-department-of-wildlife-fisheries https://calculators.law/caselaw/decisions/x5yN6QjJe3Z0/cason...
      - bryanrasmussen 5y ago
        >I think it's probably nuanced? Like if a game warden sees you unload game from your truck them maybe they can go into your home without a warrant? so just like if a cop sees you unloading dead people from your truck they can go into your home without a warrant.
        User23 5y ago
        The cop needs probable cause, which seeing you transporting corpses clearly is. However, the game warden only needs suspicion. That’s a considerably lower bar to clear. He definitely doesn’t need to see the poached animals.
        neaden 5y ago
        This isn't true though. Police can search with reasonable suspicion in all kinds of circumstances, Terry v Ohio for instance allows for the police to stop and frisk someone on reasonable suspicion of them being involved in a crime and armed. I haven't seen any citation that a game warden can enter your home and search your freezer on reasonable suspicion and all you've linked in a Quora answer by some guy who's qualification is "published author" not a lawyer or a legal opinion. If a game warden has reasonable suspicion that you are committing a crime they can pretty clearly search say a cooler you have with you when fishing, trying to say this means they can enter your house and search it is an unfounded leap.
- xxpor 5y ago
  It's standard SovCit garbage. Don't wear yourself out reading the nonsense.
- tyingq 5y ago
  For Texas: https://statutes.capitol.texas.gov/docs/PW/htm/PW.12.htm https://statutes.capitol.texas.gov/docs/PW/htm/PW.12.htm See section 12.102 It shows the truth is mostly "no, they can't", at least for Texas. "Residence" and "Temporary Residence" are specifically excluded. There's some room for maybe a freezer in plain view on your porch or similar.