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Key:
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Re: Rules and Regs.
[Re: Tru-Talker]
#1027730
07/29/14 05:49 AM
07/29/14 05:49 AM
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Joined: Jan 2005
Posts: 33,437
Your mom’s house
doekiller
Freak of Nature
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Freak of Nature
Joined: Jan 2005
Posts: 33,437
Your mom’s house
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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? No law enforcement officer has to have a warrant to come onto private property.
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Re: Rules and Regs.
[Re: doekiller]
#1027768
07/29/14 06:20 AM
07/29/14 06:20 AM
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Joined: Jul 2011
Posts: 34,433
Boxes Cove
2Dogs
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 34,433
Boxes Cove
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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?
You must have permission, but it doesn't in all cases have to be written. That is the answer. Yep, and permission might be given after the fact. GW may check someone, ask for their permit, if they don't have one check with the landowner, then landowner says something like " I told him he could go huntin, he's my guest, no different than a guest in my house, I don't give guests in my house written permission, why should I on any of my other property?." " If I want you to enforce the written permission law I'll ask ya to." Or he may say" that's the biggest poacher in the area, I told him I don't want him on my property, go write him up!" It ain't that hard to understand folks. Least the way I see it it's not.
"Why do you ask"?
Always vote the slowest path to socialism.
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Re: Rules and Regs.
[Re: doekiller]
#1027770
07/29/14 06:26 AM
07/29/14 06:26 AM
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Joined: Jul 2011
Posts: 34,433
Boxes Cove
2Dogs
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 34,433
Boxes Cove
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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. 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. Guess it's the States property so it's their rules, so to speak.
Last edited by 2Dogs; 07/29/14 06:26 AM.
"Why do you ask"?
Always vote the slowest path to socialism.
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Re: Rules and Regs.
[Re: 2Dogs]
#1027813
07/29/14 07:08 AM
07/29/14 07:08 AM
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Joined: Jan 2009
Posts: 7,780
central ala,
centralala
OP
14 point
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OP
14 point
Joined: Jan 2009
Posts: 7,780
central ala,
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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?
You must have permission, but it doesn't in all cases have to be written. That is the answer. Yep, and permission might be given after the fact. GW may check someone, ask for their permit, if they don't have one check with the landowner, then landowner says something like " I told him he could go huntin, he's my guest, no different than a guest in my house, I don't give guests in my house written permission, why should I on any of my other property?." " If I want you to enforce the written permission law I'll ask ya to." Or he may say" that's the biggest poacher in the area, I told him I don't want him on my property, go write him up!" It ain't that hard to understand folks. Least the way I see it it's not. A landowner will NEVER tell a GW what law to enforce. Landowner may ask for extra attention but will NOT tell them what to enforce. And you are correct, its just as simple as the spotlighting law.
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Re: Rules and Regs.
[Re: centralala]
#1027874
07/29/14 08:28 AM
07/29/14 08:28 AM
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Joined: Jul 2011
Posts: 34,433
Boxes Cove
2Dogs
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 34,433
Boxes Cove
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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?
You must have permission, but it doesn't in all cases have to be written. That is the answer. Yep, and permission might be given after the fact. GW may check someone, ask for their permit, if they don't have one check with the landowner, then landowner says something like " I told him he could go huntin, he's my guest, no different than a guest in my house, I don't give guests in my house written permission, why should I on any of my other property?." " If I want you to enforce the written permission law I'll ask ya to." Or he may say" that's the biggest poacher in the area, I told him I don't want him on my property, go write him up!" It ain't that hard to understand folks. Least the way I see it it's not. A landowner will NEVER tell a GW what law to enforce. Landowner may ask for extra attention but will NOT tell them what to enforce. Tell , ask, serves the same purpose in the end. So you don't think the lanowner has any say in the enforcement of the written permission law on HIS property? BULL!
Last edited by 2Dogs; 07/29/14 08:32 AM.
"Why do you ask"?
Always vote the slowest path to socialism.
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Re: Rules and Regs.
[Re: augustus_65]
#1027887
07/29/14 08:44 AM
07/29/14 08:44 AM
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Joined: May 2014
Posts: 443
God's Country
blackmouth
4 point
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4 point
Joined: May 2014
Posts: 443
God's Country
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Wingspan in a vehicle? No right to privacy on your private property when surveilled by FLIR? By Helicopter?
Ancient lights doctrine?
How high in the sky do my rights extend above my private property?
(Edited to add... Without a warrant Not pursuant to a lawfully executed search warrant. I'm referring solely to private law abiding landowners. )
Last edited by blackmouth; 07/29/14 08:48 AM.
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Re: Rules and Regs.
[Re: 2Dogs]
#1027937
07/29/14 09:41 AM
07/29/14 09:41 AM
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Joined: Jan 2009
Posts: 7,780
central ala,
centralala
OP
14 point
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OP
14 point
Joined: Jan 2009
Posts: 7,780
central ala,
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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?
You must have permission, but it doesn't in all cases have to be written. That is the answer. Yep, and permission might be given after the fact. GW may check someone, ask for their permit, if they don't have one check with the landowner, then landowner says something like " I told him he could go huntin, he's my guest, no different than a guest in my house, I don't give guests in my house written permission, why should I on any of my other property?." " If I want you to enforce the written permission law I'll ask ya to." Or he may say" that's the biggest poacher in the area, I told him I don't want him on my property, go write him up!" It ain't that hard to understand folks. Least the way I see it it's not. A landowner will NEVER tell a GW what law to enforce. Landowner may ask for extra attention but will NOT tell them what to enforce. Tell , ask, serves the same purpose in the end. So you don't think the lanowner has any say in the enforcement of the written permission law on HIS property? BULL! I think the GW CAN write the ticket without running down the landowner. If landowner TELLS the GW and the judge they can't enforce it on his property, he will get his feelings hurt. So, telling and asking doesn't serve the same purpose.
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Re: Rules and Regs.
[Re: timbercruiser]
#1027945
07/29/14 09:45 AM
07/29/14 09:45 AM
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Joined: Jan 2009
Posts: 7,780
central ala,
centralala
OP
14 point
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OP
14 point
Joined: Jan 2009
Posts: 7,780
central ala,
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I've never had a direct problem with a game warden, but probably 15 or so years ago we had one that would walk into a food plot just to check the hunter late in the afternoon. Legal for him to do so, but there wasn't anything illegal going on. I remember one day a guy carried his 12 or so year old son into a stand where he had glimpsed a nice buck in the plot. He wanted his son to shoot a deer. The game warden walked in about 4:45, got them out of the stand and walked all over the plot, nothing illegal going on. The club president called Montgomery a couple of times and that problem stopped. Yea, sometimes you get those GWs. I witnessed a GW, drunk, night hunting, out of the GW truck.
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Re: Rules and Regs.
[Re: BhamFred]
#1027980
07/29/14 10:28 AM
07/29/14 10:28 AM
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Joined: Jul 2011
Posts: 34,433
Boxes Cove
2Dogs
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 34,433
Boxes Cove
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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? 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. centralala, please read Troy's post ^^^^^. You ain't listening! I take it you are not a landowner. I am, and when I contacted the GWs many years ago to "patrol" my property and enforce the written permit law I don't recall if I said " I want ya'll to enforce the written permit law". Or " would you enforce the written permit law on my property?" What ever I said it worked. However, before that if had they came onto the property and wrote someone I gave oral permission to, in other words my guest, for not having it in writing I would have had it thrown out before the ink dried. And that part about giving a landowner extra attention or what ever, don't think they want to treat any landowner differently than another. I know some that had permission to hunt a large tract and were giving it extra attention, got them in hard trouble. Getting bored with this , I'm going shopping for a skate board so I can shine from the road onto my animal lovin' neighbors property. 
"Why do you ask"?
Always vote the slowest path to socialism.
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Re: Rules and Regs.
[Re: 2Dogs]
#1027992
07/29/14 10:46 AM
07/29/14 10:46 AM
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Joined: Jan 2009
Posts: 7,780
central ala,
centralala
OP
14 point
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OP
14 point
Joined: Jan 2009
Posts: 7,780
central ala,
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I will put $1000 up right now I own more acerage than you. Will you accept that wager? I don't like to mention that because of people bugging me about hunting. You need to reread Troys post. He said it was how he did business. Not that it was the law or required of him. And landowners do ask for and get special attention if they have a problem.
Last edited by centralala; 07/29/14 10:54 AM.
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Re: Rules and Regs.
[Re: centralala]
#1028000
07/29/14 10:51 AM
07/29/14 10:51 AM
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Joined: Jul 2011
Posts: 34,433
Boxes Cove
2Dogs
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 34,433
Boxes Cove
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I will put $1000 up right now I own more acerage than you. You need to reread Troys post. He said it was how he did business. Not that it was the law or required of him. And landowners do ask for and get special attention if they have a problem. OK , high roller, you win! BTW, if you don't OWN North of 1000 acres better keep yer $ in yer pocket. Shooters, that you?
"Why do you ask"?
Always vote the slowest path to socialism.
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Re: Rules and Regs.
[Re: 2Dogs]
#1028002
07/29/14 10:53 AM
07/29/14 10:53 AM
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Joined: Sep 2007
Posts: 6,999
Holly Pond, AL
NightHunter
10 point
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10 point
Joined: Sep 2007
Posts: 6,999
Holly Pond, AL
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I will put $1000 up right now I own more acerage than you. You need to reread Troys post. He said it was how he did business. Not that it was the law or required of him. And landowners do ask for and get special attention if they have a problem. OK , high roller, you win! BTW, if you don't OWN North of 1000 acres better keep yer $ in yer pocket. Shooters, that you? Beat me to it
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