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Re: Rules and Regs. [Re: judge sharpe] #1027289
07/28/14 04:32 PM
07/28/14 04:32 PM
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BhamFred Offline
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Originally Posted By: judge sharpe
The law is simple. If you are on someones land with out permission you are trespassing. The law specifically states that unless you are the guess of the landowner you have to have written permission to hunt ( or in fact to be on the land) on you in the event you are questioned. The question is, "What constitutes being a guest?" If I say go ahead and hunt, does that make you my guest? I suspect the lawmakers meant that to be a guest, the land owner or his agent would have to be present on the property so that LEO could check with him on whether the hunter was there legally or not. The best practice is for the landowner to give a written permit stating the area the hunter could hunt, and any limits on when he could hunt, and the permit be signed dated and have contact information on it. The law still is that it is only lawful to hunt turkeys from a scaffold with a bow. This is easy to check in the Alabama Code.


ya'll have too much stuff swirling in all directions at once.... laugh

Judge, the GWs interpretation of "guest" is vague and is very much NOT limited to being with the landowner. Since the lawmakers did not see fit to define "guest" then we cannot either. You can be a guest of a land/home owner and they not be present.

a written permit makes for easier understandings of who is supposed to be on any property, esp for the GW who may not personally know that landowner. My way of handling such instances was to take full information of anyone who may not have permission and to check with the landowner. no permission=get a warrant and ticket them.

I had two teenagers telll me they were the landowners grandsons. I was working these boys on an adjoining landowners complaint but had not talked to the man whose property I actually caught them on. I took all their information and statements and called the landowner later that day. When asked if he knew them he replied yes and the sobs wern't kin to him. LOL got the warrants and nailed em. Little more work this way but it works.


I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....

proud Cracker-Americaan

muslims are like coyotes, only good one is a dead one
Re: Rules and Regs. [Re: 2Dogs] #1027303
07/28/14 04:35 PM
07/28/14 04:35 PM
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BhamFred Offline
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Originally Posted By: 2Dogs
Originally Posted By: centralala
I think its hunting without written permission is something the GW can enforce without the landowner.


Do you mean the GW just picking a piece of property and checking hunters he sees and writing those without written permission and it being a good case? Don't think so.

What say you Paw Paw?


2 dogs, GWs do it all the time. Those that do have "permission" but no written permit get em thrown out by the landowner calling the judge or appearing in court. I personally have never heard of anyone being convicted of a permit charge over the objections of the landowner.

Not the way I did business but the "justify" doing it that way because the law says "written permit".....just kinds forgot that "guest" clause. I just take the info and see the landowner.


I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....

proud Cracker-Americaan

muslims are like coyotes, only good one is a dead one
Re: Rules and Regs. [Re: BhamFred] #1027312
07/28/14 04:39 PM
07/28/14 04:39 PM
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2Dogs Offline
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Originally Posted By: BhamFred
Originally Posted By: 2Dogs
Originally Posted By: centralala
I think its hunting without written permission is something the GW can enforce without the landowner.


Do you mean the GW just picking a piece of property and checking hunters he sees and writing those without written permission and it being a good case? Don't think so.

What say you Paw Paw?


2 dogs, GWs do it all the time. Those that do have "permission" but no written permit get em thrown out by the landowner calling the judge or appearing in court. I personally have never heard of anyone being convicted of a permit charge over the objections of the landowner.

Not the way I did business but the "justify" doing it that way because the law says "written permit".....just kinds forgot that "guest" clause. I just take the info and see the landowner.


thumbup Figured if there was a question ya might check with the landowner and write him after the landowner says drop the hammer.

Last edited by 2Dogs; 07/28/14 04:48 PM.


"Why do you ask"?

Always vote the slowest path to socialism.







Re: Rules and Regs. [Re: 2Dogs] #1027474
07/29/14 12:12 AM
07/29/14 12:12 AM
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Posts: 7,780
central ala,
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Right, common sense goes a long ways when dealing with the public. But they can enforce it without the landowner. As in all cases, the GW does their job, what happens after that is out of their control even if they may have some input.

Now, the original question. Is it illegal/legal to hunt on another persons land without written permission on person.
I still say it depends. The "guest" part changes things.

2dogs, me and you may interpret this differently. With 100+ GW in the state, you can bet there is different interpretations.

Last edited by centralala; 07/29/14 12:18 AM.
Re: Rules and Regs. [Re: centralala] #1027491
07/29/14 01:17 AM
07/29/14 01:17 AM
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louisiana
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deerman24 Offline
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how about this one.
If you hunt on your own property Alabama says you do not need to buy a hunting license but still have to abide by the rules and regs regulating hunting. Can an agent legally come on your property to check you? The answer is no he cannot with out your permission or probable cause. If you are on leased land or public land and purchased a license he can legally come on that land to check you without probable cause or permission.

Last edited by deerman24; 07/29/14 01:19 AM.
Re: Rules and Regs. [Re: deerman24] #1027526
07/29/14 02:04 AM
07/29/14 02:04 AM
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Originally Posted By: deerman24
how about this one.
If you hunt on your own property Alabama says you do not need to buy a hunting license but still have to abide by the rules and regs regulating hunting. Can an agent legally come on your property to check you? The answer is no he cannot with out your permission or probable cause. If you are on leased land or public land and purchased a license he can legally come on that land to check you without probable cause or permission.


really??? GWs go on private land every day of the season to check hunting activity. Your answer is wrong.


I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....

proud Cracker-Americaan

muslims are like coyotes, only good one is a dead one
Re: Rules and Regs. [Re: BhamFred] #1027547
07/29/14 02:34 AM
07/29/14 02:34 AM
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Originally Posted By: BhamFred
Originally Posted By: deerman24
how about this one.
If you hunt on your own property Alabama says you do not need to buy a hunting license but still have to abide by the rules and regs regulating hunting. Can an agent legally come on your property to check you? The answer is no he cannot with out your permission or probable cause. If you are on leased land or public land and purchased a license he can legally come on that land to check you without probable cause or permission.


really??? GWs go on private land every day of the season to check hunting activity. Your answer is wrong.


Heck even I knew that. slap



"Why do you ask"?

Always vote the slowest path to socialism.







Re: Rules and Regs. [Re: BhamFred] #1027551
07/29/14 02:39 AM
07/29/14 02:39 AM
Joined: Feb 2009
Posts: 14,831
If you only knew.....
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If you only knew.....
Originally Posted By: BhamFred
Originally Posted By: deerman24
how about this one.
If you hunt on your own property Alabama says you do not need to buy a hunting license but still have to abide by the rules and regs regulating hunting. Can an agent legally come on your property to check you? The answer is no he cannot with out your permission or probable cause. If you are on leased land or public land and purchased a license he can legally come on that land to check you without probable cause or permission.


really??? GWs go on private land every day of the season to check hunting activity. Your answer is wrong.


Correct me if I'm wrong....but the GW's don't need any warrant...they essentially have more power than the popo....


Before you embark on a journey of revenge, dig two graves...

Confucius
Re: Rules and Regs. [Re: centralala] #1027571
07/29/14 03:14 AM
07/29/14 03:14 AM
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Lowndes County
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augustus_65 Offline
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Lowndes County
Game Wardens are subject to the same 4th Amendment limitations as any other law enforcement. They would need a warrant to search a home, camp, vehicle, etc. unless consent was given. Now that even extends to cell phones.

Re: Rules and Regs. [Re: BhamFred] #1027572
07/29/14 03:15 AM
07/29/14 03:15 AM
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Posts: 7,780
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Originally Posted By: BhamFred
Originally Posted By: deerman24
how about this one.
If you hunt on your own property Alabama says you do not need to buy a hunting license but still have to abide by the rules and regs regulating hunting. Can an agent legally come on your property to check you? The answer is no he cannot with out your permission or probable cause. If you are on leased land or public land and purchased a license he can legally come on that land to check you without probable cause or permission.


I wasn't even going to respond to that!!
Seriously guys, I appreciate a civil fact based debate. Done intelligently, no one gets mad and people benefit from it. That is the reason I rarely respond in the sports forum. grin Thanks guys!!

really??? GWs go on private land every day of the season to check hunting activity. Your answer is wrong.

Re: Rules and Regs. [Re: augustus_65] #1027574
07/29/14 03:17 AM
07/29/14 03:17 AM
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Posts: 14,831
If you only knew.....
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Originally Posted By: augustus_65
Game Wardens are subject to the same 4th Amendment limitations as any other law enforcement. They would need a warrant to search a home, camp, vehicle, etc. unless consent was given. Now that even extends to cell phones.


Why no warrant to go onto private property then without probable cause?

Last edited by Tru-Talker; 07/29/14 03:19 AM.

Before you embark on a journey of revenge, dig two graves...

Confucius
Re: Rules and Regs. [Re: centralala] #1027589
07/29/14 03:31 AM
07/29/14 03:31 AM
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Lowndes County
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Because the Supreme Court has never expanded their interpretation of the 4th amendment to encompass all private property. How do you think ABC agents find moonshine stills or DEA agents find marijuana plants growing in the woods. They don't need to obtain search warrants unless they are attempting to search a dwelling or structure or other area protected by the 4th amendment.

Re: Rules and Regs. [Re: centralala] #1027621
07/29/14 03:56 AM
07/29/14 03:56 AM
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Originally Posted By: centralala
Right, common sense goes a long ways when dealing with the public. But they can enforce it without the landowner. As in all cases, the GW does their job, what happens after that is out of their control even if they may have some input.

Now, the original question. Is it illegal/legal to hunt on another persons land without written permission on person.
I still say it depends. The "guest" part changes things.

2dogs, me and you may interpret this differently. With 100+ GW in the state, you can bet there is different interpretations.


My advice is, if you become a GW and want to keep the job, don't go willy nilly onto private property writing everyone you encounter that doesn't have written permission WITHOUT the consent, OK , blessing , whatever from the landowner.

I bet the 100+ plus GWs don't have 100+ interpretations of this one either, not for long anyway.

Carry on.

Last edited by 2Dogs; 07/29/14 03:59 AM.


"Why do you ask"?

Always vote the slowest path to socialism.







Re: Rules and Regs. [Re: 2Dogs] #1027633
07/29/14 04:04 AM
07/29/14 04:04 AM
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Wonder if the GW can come on private property without permission as long as he is out of site and out of line of the property owner. laugh


Proud Army and ALNG veteran
God Bless America!
Re: Rules and Regs. [Re: leroycnbucks] #1027636
07/29/14 04:06 AM
07/29/14 04:06 AM
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Originally Posted By: leroycnbucks
Wonder if the GW can come on private property without permission as long as he is out of site and out of line of the property owner. laugh


rolleyes



"Why do you ask"?

Always vote the slowest path to socialism.







Re: Rules and Regs. [Re: 2Dogs] #1027662
07/29/14 04:30 AM
07/29/14 04:30 AM
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OK, 2dogs. The original question: Is it legal/illegal to hunt on another persons property without written permission with the hunter? Not our interpretation or the GW. What is your answer on the law?

Re: Rules and Regs. [Re: centralala] #1027706
07/29/14 05:19 AM
07/29/14 05:19 AM
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Originally Posted By: centralala
Originally Posted By: BhamFred
Originally Posted By: deerman24
how about this one.
If you hunt on your own property Alabama says you do not need to buy a hunting license but still have to abide by the rules and regs regulating hunting. Can an agent legally come on your property to check you? The answer is no he cannot with out your permission or probable cause. If you are on leased land or public land and purchased a license he can legally come on that land to check you without probable cause or permission.


I wasn't even going to respond to that!!
Seriously guys, I appreciate a civil fact based debate. Done intelligently, no one gets mad and people benefit from it. That is the reason I rarely respond in the sports forum. grin Thanks guys!!

really??? GWs go on private land every day of the season to check hunting activity. Your answer is wrong.


I didn't say that middle section....


I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....

proud Cracker-Americaan

muslims are like coyotes, only good one is a dead one
Re: Rules and Regs. [Re: augustus_65] #1027711
07/29/14 05:22 AM
07/29/14 05:22 AM
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Posts: 36,184
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BhamFred Offline
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Originally Posted By: augustus_65
Because the Supreme Court has never expanded their interpretation of the 4th amendment to encompass all private property. How do you think ABC agents find moonshine stills or DEA agents find marijuana plants growing in the woods. They don't need to obtain search warrants unless they are attempting to search a dwelling or structure or other area protected by the 4th amendment.


this ^^^ is the answer

I personally think it just hasn't been in the right court..yet.


lots of folks think that GWs have MORE power than other LEO, this is 99% not true. An exception is the right of GWs to search any vehicle on a WMA w/o permission or probable cause, because Als legislature set it up that way.


I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....

proud Cracker-Americaan

muslims are like coyotes, only good one is a dead one
Re: Rules and Regs. [Re: BhamFred] #1027728
07/29/14 05:47 AM
07/29/14 05:47 AM
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Originally Posted By: BhamFred
Originally Posted By: augustus_65
Because the Supreme Court has never expanded their interpretation of the 4th amendment to encompass all private property. How do you think ABC agents find moonshine stills or DEA agents find marijuana plants growing in the woods. They don't need to obtain search warrants unless they are attempting to search a dwelling or structure or other area protected by the 4th amendment.


this ^^^ is the answer

I personally think it just hasn't been in the right court..yet.


lots of folks think that GWs have MORE power than other LEO, this is 99% not true. An exception is the right of GWs to search any vehicle on a WMA w/o permission or probable cause, because Als legislature set it up that way.


That is because of implied consent. If you drive onto the WMA, you have consented to the search.

Re: Rules and Regs. [Re: centralala] #1027729
07/29/14 05:48 AM
07/29/14 05:48 AM
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Originally Posted By: centralala
OK, 2dogs. The original question: Is it legal/illegal to hunt on another persons property without written permission with the hunter? Not our interpretation or the GW. What is your answer on the law?


You must have permission, but it doesn't in all cases have to be written. That is the answer.

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