in my opinion, formed after 26 years as a LEO, and 10 years retired, is that GWs have, and should have the same search powers as any LEO, as defined by the Constitution and the higher courts.

No higher court has overturned Alabamas special exception to WMA use negating the need for probable cause before searching. Don't know if it has been tried or not. Until then it is the law.

DCNRs use of road blocks should be held in accordance with the Constitution and with court cases rulings. Its not hard to do, we did it several times when I was working. It does not sound like the current crop of GWs is adhering to the rules, but I haven't personally seen a road block. If they are not going by the rules then Montgomery should look into it and make the necessary changes.

Thanks, I sometimes want to say something but just way too much to get into.

Assuming this is the case why is there not ground swell from the citizens of the state to redefine the limits of what were previous established norms. I understand copreration but being forced to surrender to a search is not voluntary cooperation, further agreeing to prevent "having a target on your back later" is coercion in my eye.

Show of hands who here likes that a typical probable cause is not required as justification of a search in a WMA.

Agreed.....and after 15 yrs of Law enforcement is has always been my understanding that a GW is only vested with the powers of a Sheriff. In other words is nothing more than a Deputy Sheriff but his primary duty is to enforce the Game and Fish laws of the state. But can enforce any state law anywhere in the state. The Constitution still says what is says..........

a GW is a State Police Officer, same as a trooper.

The norm used to be that hunting was a privilege granted by the State. It is now a constitutional right under our state Constitution.

Big difference between a privilege and a right.

I understand the difference in a privilege and a right I was referring to the norm as what the people understood the law to be. Changing of the constitution wording in regards tohunting from a privilege to a right changes things. By the same token why is a license necessary to execute a right as deemed by the constitution of the state of Alabama. Maybe this is addressed through the ability to hunt on your own property without a license but if that is the case then you are placing limits on a god/state constitution right in that you may not execute that right on a friends property with their permission without a license.

Say a game warden searches your "game vest" and finds half a kilogram of cocaine. Would the cocaine possession be admissible evidence? If it was a game warden, enabled by state law searching for game violations, would his power extend that far?

If the search is proper, then any evidence recovered is admissible, even drugs. This, though, will be the type of situation that will get appealed all the way up the court systems to get the questions answered.

The first question he will have to answer will be, can game be hidden in the place the drugs were found? If the man was deer hunting, and the drugs were found down his pants, the GW has a problem with the case.

What is a proper game search? A warrant signed off by a magistrate?

No, there are legal searches that don't involve a warrant. But, it would be impossible to explain 4th amandment law here and then the "experts" would come out of the wood work to say everything I told you was incorrect.

Yes, too many exceptions and exigent circumstances too get into anyways, but proper would mean it was in the framework of the current practices accepted by the courts.

In that particular case, it would means he was looking for game in a place it could be concealed.

Yes and a State Trooper is vested with the same powers as a Sheriff and therefore is no greater than a Sheriff except his jurisdiction is much larger and that being the entire state. While he to can enforce any state law same as a Sheriff or a GW his primary duty is to enforce Title 32 (Motor vehicle laws)

What I'm trying to get at here is I see lots of people try and hold a GW up to being so much more powerful but that's not the case. In reality, The GW, The Trooper are all vested with equal authority but their jurisdictions and primary job task is different.

State law grants the GW the extra authority of warrant less searches only while in the performance of his duties and acting as a GW. He can't just enter a home and search without a warrant, he can't just stop any vehicle on the public highways and search a vehicle except subsequent to an arrest and then it is limited to the areas that are in plain view and in the immediate control of the driver without a warrant or consent unless the vehicle is impounded and an inventory search is done. Same as any Police Officer.

It's been awhile for me and I may be off a little but I think I'm close enough to pass Civil Law Class, lol!

If a state GW has the same power as a trooper? Why weren't they consolidated into ALEA?

I don't guess I understand your question

The agricultural guys, ABC, and marine patrol got lumped into the ALEA. What kept the game wardens out?

Here's another one I'll throw out there....A college campus Police office is vested with the same authority as a Sheriff, a Trooper or a GW. His jurisdiction is statewide because of him being a state Officer but his primary job duties are for campus security.

Here's another one as I was also one of these as well...An Indian Police Officer or Tribal Police most people call them. They are or at least here in Alabama with the Poarch Creek Indians they are crossed Deputized from the Sheriff in Escambia County and I assume Montgomery where County where there other Casino is located. Which means that when enforcing the law outside of their reservation which is actually super small they are acting as a Deputy Sheriff.

They are not Federal Officers, I hear many say that they are but they are not.

There is no greater authority in any county greater than the Sheriff. That's why the Sheriff can literally take over any city within his county if he so chose.

Great point there......

I'd hate to have that much of a problem with game warden in my zone to have to trespass his ass. Hate that for them

Here this explains the reason why the Marine Police were added..

http://www.al.com/news/index.ssf/2014/12/12_alabama_law_enforcement_age.html