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Re: Sneaky Game warden
[Re: bdeason]
#427181
10/18/12 03:56 PM
10/18/12 03:56 PM
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Joined: Oct 2005
Posts: 10,997 Warrior River Country
49er
Booner
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Booner
Joined: Oct 2005
Posts: 10,997
Warrior River Country
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I don't see criminal trespassing or stealing either one in the list of a game warden's duties. And I don't see authority there to just go walking around on people's property without probable cause because he feels like it. I do see "...To execute all warrants and search warrants for the violation of the game, fish and fur laws of the state" there though. A properly obtained search warrant supported by probable cause would trump the criminal trespassing statutes. The statute you refered to shows this history: (Acts 1935, No. 240, p. 632, §14; Code 1940, T. 8, §19.) The law defining criminal trespassing shows this history: (Acts 1977, No. 607, p. 812, §2601; Acts 1983, No. 83-742, p. 1222.) Even if the two statutes do happen to be in conflict as you assume, the latter of the two statutes states the current law according to the reasoning used by our courts. There are no exceptions for game wardens listed in the criminal trespassing statutes.
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