Here's another

http://www.oanow.com/news/local/alabama-...2d96f13426.html

I don't particularly trust the citations of those articles, and I will assume they have a smidgen of truth.

Still don't explain why the ALEA trooper checks fishing and hunting licenses. Two years ago, I saw with my own eyes, a alea/trooper checking hunters at the entrance of a slough in demop.

Then I don't know what to tell you about it then.

As far as why a trooper was checking those I don't know that either. Maybe he wanted to or was instructed to do so. For what reason I don't know but fact remains he can, so can the GW, so can the Sheriff, so can the college campus Police, so can the Tribal Police and if it's within a city limits so can a city Police Officer because he too can enforce any state law within his city jurisdiction. Although he can't write a ticket outside the city limits and into those "Police jurisdiction" signs you see....at least not legally but they do. Here in the county I worked for the Sheriff actually stopped the city officers from writing those tickets.

Sorry, forgot to answer the actual thread instead of the ideals.

-Answer to #1: No, our state has competent officers at this time. They do a good job. As far as the sub sections go; WMA's should be managed and policed very stringently. Those properties are owned by the people and should be held to the satisfactory standards of the vested interests AKA license holders and WMA permit holders. Violations on private land should slide until it proves itself to be entirely detrimental to a defined radius or buffer.

Number 2/3: go read books to the local elementary school during your free time

Don't hunt it Texas.

A group I hunted with for 30 years had just leased a new ranch. Before the season started, we setup a camp site with 5 trailers, hanging pole, etc. Saturday night on opening weekend, two GW's show up and check our licenses. After that, one GW made us stand around outside while GW #2 searched our trailers, vehicles, and walked a perimeter around camp looking for evidence we had shot something.

They would have seen my butt in court.

Paying the ticket....

For them searching private property with no legal right to do so? They wouldn't have found anything illegal so there would be no ticket to pay.

I guess you don't understand what we are saying. Right now, they have a legal right to do so. At least they would in Alabama. Now, it might not end up standing in court but it would have to go through the system and I don't think you have the resources to want to do that. Someone with deep pockets or someone that can get the backing of deep pockets, will have to be the ones to challenge this and get the courts to weigh in. But right now, GWs have the authority to search any place you may hide game. A trailer in a hunting camp qualifies as a place you could hide game.

If you had no ticket to pay, then why would they see you in court?

Gonna carry the torch for 49er...



Section 9-11-303

Searches and seizures.

The Commissioner of Conservation and Natural Resources and his designated agents or employees are authorized to search without warrant any automobile, wagon, truck or other vehicle or any hunting sack or hunting coat within any wildlife management area and to confiscate any protected bird, animal or fish found killed or held in violation of the game laws or the regulations of the Commissioner of Conservation and Natural Resources; provided, that this section shall not be operative against persons traveling on state and federal highways within any wildlife management areas.

(Acts 1939, No. 668, p. 1061, §4; Code 1940, T. 8, §110(4).)


220-2-.12 Game Bag, Hunting Coat, Etc. Shall Be Open To Inspection.
Pursuant to the Code of Ala. 1975, Sections 9-11-85 and 9-11-259, which provided in effect that all game birds, animals or fish taken or killed in this State must at all times be carried or transported openly and that all game birds, animals or fish carried or transported in an illegal manner shall be confiscated and disposed of under regulations by the Commissioner; any live box, holding box, game bag, hunting coat, camping equipment, or like receptacles, or any automobile or boat used for the carrying or holding of any fish, game birds, or game animals or any gun or fishing tackle used in hunting or fishing shall be subject to inspection by officers of the Department of Conservation and Natural Resources at all times upon proper identification of said officer. Any person who refuses to allow inspection of the above named articles shall be in violation of this regulation and shall be punished as provided by law.
Author: John W. Hodnett
Statutory Authority: Code of Ala. 1975, §§9-2-7, 9-2-12, 9-11-85, 9-11-259.


So,I interpret the last bit to mean if you didn't kill anything to display openly, they can still search yer schit to make sure.

9-11-303 applies only to WMAs

220-2-.12 applies to TRANSPORTING game/fish to include camping equipment.

I always felt like a permanent camp building (not a skinning shed or cooler) was in the need-a-warrant area, much like a home would be. I have gotten warrants for both camps and homes in the past life.

For violating my rights.

The whole "right to search anything that could hold a game animal" is a load of bull crap. My house could hold a game animal, my church could hold a game animal, you could put a game animal anywhere large enough. If they don't have some evidence that I have broken the law, they shouldn't be able to search anything. I know that they have a job to do, but my rights shouldn't be compromised because I "could have some of the state's property."

They still have to have probable cause to search. They can't just show up at your house, trailer or vehicle and search you without some probable cause. Also, looking for deer doesn't allow them to open your glove box or console or hell, even look in a truck cab other than looking through the window.

NO STATE LAW CAN INFRINGE ON THE 4TH AMENDMENT!!!

unless nobody complains....

You have every right to petition your state Legislators to change the law but until then it's the law. The GW, Trooper, Sheriff or whoever the Law Enforcement Officer is they are "not" the law. Yet everyone refers to them as "the law". The law is written in a book. The Officer only enforces the law. He/she tells you what's written therein and if you have violated it according to their "trustworthy knowledge and experience" (that's what probable cause is).

Probable cause begins with "Reasonable suspicion" and builds upon the facts and circumstances before the Officer to lead them (a Reasonable person) based on their trustworthy knowledge and experience as an Officer that 1. A crime was committed, is in the process of commission. 2. that you committed or are in the process of committing said crime.

I don't know what powers the Alabama GW's have. I'm just saying if you hunt in Texas, the GW's have this right to search without a warrant. Your hunting a state game animal is all the reason (probable cause) they need. You can protest and they will politely explain the law. But in the end, they will search your belongings. And it has withstood all the legal challenges in both the state and federal courts. I'm not here to debate the merits, just posting a FYI if you ever go there to hunt or fish.

The whole problem here with this issue and any other issue dealing with law, rights and our justice system is that "Lady Justice" the woman holding the balance scales has long been broken. There simply is no pure, Holy justice.....Man can't do it. We can only try but God is the true representative of Holiness and Justice.

This is exactly the reason I started this thread, look at the posts made on the other threads about the road blocks and the number of people outraged over this tactic. This is our state the laws and enforcement of them by common practice should not violate ones rights and if they do we should push our elected officials to change them. I fully support those enforcing the laws as they have a difficult job to do. However, I have zero respect for any law enforcement agent who violates someone's rights in the "fulfillment" of their duties.

I personally believe the current right to search on a WMA without probably cause/warrant is an over reach of the state. Sure the resources(game) are the publics, by but the same extension so are the state roads, do you want to submit to a search of your person as a right to drive down the road because it is a public road?