Originally Posted By: BhamFred
Gomer, on a broad scale they can do no more or less than any other LEO. They have to get a warrant to search except under certain nationwide exemptions such as a vehicle. Called exigent circumstances...they must have the necessary info to actually get a warrant but can go ahead w/o one because of the moveable nature of a vehicle. Dope in plain view, dog alerted on the vehicle, etc type of thing.

The only place where a GW has more authority to search w/o a warrant is on a WMA, because in the state law it makes it legal to search any vehicle on a WMA. I once lost a handful of drug cases because an new asst DA wasn'r aware of this exception AND failed to call me before throwing out those drug cases because in my adfidavit I didn't state any probable cause for the search....because under the law I didn't need any reason except I just wanted to. Got that straightened out.

Otherwise GWs have no more authority to search than any other LEO in the non WMA areas of the state.

A lot hunters think they do have the authority to search w/o a warrant anywhere/everywhere....back to ignorance(of the law) and intimidation(by the presence of a GW) in some searches. If you give em permission then they can search your house w/o a warrant. Tell em pound sand and they cannot legally search w/o a warrant. If they choose to search anyway it will come back to bite em on the ass when they get to court.


Thanks for clearing that up.

What about the private property deal? My understanding has always been they can legally come onto private property any time they want, even if it's just to "check things out"....is that accurate? Are there limitations to it (cutting locks off gate [I've had people say they've had GW's do that, can't confirm if it's true], climbing fences, etc)?

There are 3 certainties in an uncertain world:

1. All Politicians Are Liars
2. All Gun Laws Are an Infringement
3. Taxation Is Theft