4 ms·

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

by 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.
      - User23 5y ago
        I get that you don’t like it. I don’t like it either, but it’s still the law in most if not all states. I assume you don’t hunt. As I’ve said already, you don’t have to believe me. Talk to a game warden or an attorney who is familiar with conservation law and they will confirm that game wardens have expansive warrantless search powers.
        bryanrasmussen 5y ago
        We're on the internet, if this is such a simple thing to certify by asking a lawyer or a game warden then it should be reasonably easy to provide an authoritative link. The closest I can find is this https://www.findlaw.com/legalblogs/california-case-law/scotus-denies-review-of-game-warden-warrantless-search/ https://www.findlaw.com/legalblogs/california-case-law/scotu... To Quote: "The California Supreme Court ruled that a game warden who reasonably believes that a person has recently been fishing or hunting, but lacks reasonable suspicion that the person has violated an applicable fish or game statute or regulation, may stop the suspect's vehicle to demand the person display all fish or game the person has caught or taken." This is obviously more power in some ways than a police officer has , but in some ways also very limited. If you can provide something more authoritative, extensive and to the point than that I think you should.
        5y ago

by 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.
    - User23 5y ago
      I get that you don’t like it. I don’t like it either, but it’s still the law in most if not all states. I assume you don’t hunt. As I’ve said already, you don’t have to believe me. Talk to a game warden or an attorney who is familiar with conservation law and they will confirm that game wardens have expansive warrantless search powers.
      - bryanrasmussen 5y ago
        We're on the internet, if this is such a simple thing to certify by asking a lawyer or a game warden then it should be reasonably easy to provide an authoritative link. The closest I can find is this https://www.findlaw.com/legalblogs/california-case-law/scotus-denies-review-of-game-warden-warrantless-search/ https://www.findlaw.com/legalblogs/california-case-law/scotu... To Quote: "The California Supreme Court ruled that a game warden who reasonably believes that a person has recently been fishing or hunting, but lacks reasonable suspicion that the person has violated an applicable fish or game statute or regulation, may stop the suspect's vehicle to demand the person display all fish or game the person has caught or taken." This is obviously more power in some ways than a police officer has , but in some ways also very limited. If you can provide something more authoritative, extensive and to the point than that I think you should.
        5y ago