Posted on 01/11/2014 8:57:42 PM PST by Altariel
The man in the photo to the left isn't a Ranger in Afghanistan's Korengal Valley. He's a Texas game warden, kitted out to check your deer tags or lead a paramilitary, kick-the-door-in assault on your tent. The militarization of every possible law enforcement entity in America is complete: Texas Parks and Wildlife now has a SWAT team.
The 25-man unit can deploy anywhere in the state within four hours, TPWD boasts, and is modeled after what military types call a "force multiplier," which basically means that these guys can shoot a bunch of bullets. At what, you ask? In this Texas Parks and Wildlife Magazine story, they list potential missions like "border operations, dignitary protection or any sort of high-risk law enforcement, such as serving felony arrest warrants or hostage situations.
Stuff can get real down in the dusty arroyos of Big Bend Ranch State Park. Hell, a Mexican man on a burro might try to sell you a carved statuette. In fairness, a game warden's average suspect is usually carrying a high-powered rifle. But something tells me some of these guys couldn't wait to shuck those slacks and Stetsons and put on a fresh pair of BDU pants and a Kevlar helmet.
"We're steeped in tradition and very mindful of our past," said special ops chief Grahame Jones. "It's an important part of who we are, but we have to look to the future."
And the future is a camo AR. Now, if Texas truly intends to secede, it's got its own military force ready and waiting. We've even got a Navy! TPWD has 564 vessels, including a 65-foot gulf patrol ship, and gunboats mounted with .30 cal machine guns.
OK, how about this...
If a Texan game warden came to my house, entered it at gunpoint without a warrant (as no warrant, and I would not let him in, which would then require force on his part), and then looked in my fridge, again without my consent or a warrant, and found something that I shouldn’t have (snail darter, endangered wood rat, whatever) and I was charged with a crime...
My defense would be the 4th Amendment to the US Constitution. If any judge denied that defense, then they too are a traitor. The Constitution would simply be an old piece of parchment at that point. Do you not agree?
What bootlicking? Must have been "photoshopped". /s
“What bootlicking? Must have been “photoshopped”. /s”
Yeah, ok, I see your problem.
I’ve got a big problem, I don’t need an army to step outside my door.
Just think of it as a first class boxcar; you’ll feel less conspicuous getting on by yourself.
Not according to the State constitution.
Art I, Sec. 9. SEARCHES AND SEIZURES.
The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.
Why?
Wouldn't it be more appropriate to cite Art I, Sec 9 of TX's own Constitution?
The truth is that almost all of the time game wardens have no magical powers to
detain, search and question hunters or anybody else.
They have no more right than any other law enforcement officer to stop you on
a public road and search your truck or the people in it. They should, the law says,
have probable cause to believe that a violation of the law has taken place before
they execute a stop, and they should request, and obtain, your permission to search
your truck. Otherwise, they need a search warrant.
They do not, as I’ve heard around a hundred campfires, have a special legal dispensation
to enter, uninvited, your home or your camp house on a lease. They have no special
right to search you or to go through your freezer to see how many doves you might
have stocked away
*********
Wardens are allowed to enter public and private property to enforce game laws, Kennedy
said, any place where animals under state jurisdiction are known to exist. In Texas, that
would be pretty much any property. And they can, while on that property, ask to inspect
any receptacles — game bags, ice chests, etc. — where game is known to be stored.
But the house or camp house on that property is another situation altogether, Kennedy
said. “The Texas Court of Criminal Appeals has interpreted the 4th amendment to mean that
the provision of the Parks and Wildlife Code allowing entry on private property does not apply to residences,” he
said. “So I don’t think
there is any 4th amendment problem with game wardens going onto private property
outside of residences.”
end snips
Ha! Probably because I’m in Alabama....
I'm not in TX either; it didn't stop me from getting the info.
Or, more relevant, if the story had happened in Alabama, would you have thought to look in your State's constitution?
One of the things that really damages the limited-government inclined people is always jumping to the federal level for things, like you did immediately citing the Constitution for the United States rather than the most applicable, most local law. (IOW, why give the federal government more and more power?)
Well, being a native born Texian and having hunted here in Texas all my life I can personally testify that Texas game wardens will come on private property and check you out without a warrant. I’ve been checked a few times and can’t count the times I’ve seen them driving around on private property. Anyway, because I was curious about this I did a little googling. It seems that the requirement for a warrant to search private property varies considerably from state to state. In Texas, although is couldn’t find a statute, game wardens seem to have the authority to enter property without a warrant if they believe there is game on said property. Same thing goes for searching houses, cars, campers, freezers, cookers,etc. So, if these postings are correct, game wardens are like the 10 ton gorilla, where can it go? Anywhere it darn well pleases. But, like I said earlier, I haven’t been able to find a statute to support this. You seem to be good at this searching stuff. If you find something post it as I am curious to learn the facts.
They might also come across some folks growing pot in state forests, etc. chances are that the people growing and harvesting that pot are heavily armed.
Re-read this paragraph:
Actually, here in Texas, game wardens have more authority than peace officers or DPS officers. Texas game wardens can come on private property, open gates, enter buildings, open your refrigerator, etc, without a warrant. Having lived in west Texas and camped and hunted over much of that country I can tell you that it gets mighty spooky out there when alone sometimes. So, I don’t have any problem with Texas peace officers, including game wardens, arming up. And, having a trained SWAT team as a ready reserve doesn’t bother me either. Texas law enforcement is made up of “good guys” for the most part and are on the “right” side.
Do you have any idea how horrifying the second sentence, in particular, would have been to the Founders and their contemporaries?
Do you realize that our forefathers fought a War to show their defiance of and prevent the future use of the sort of abuses to which you refer?
“Do you realize that our forefathers fought a War to show their defiance of and prevent the future use of the sort of abuses to which you refer?”
Well, guess I don’t realize. What are the abuses I am referring to?
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