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Key:
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Joined: Aug 2006
Posts: 32,451
Turkey Nut
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Turkey Nut
Joined: Aug 2006
Posts: 32,451 |
I've got eddie on ignore so I don't see 90% of what he posts unless i go look at it.
you are pretty much right. Some of the biologists I've worked with over the years would come off the area and help us with work. And no, for sure the biologists do not make as many cases as enforcement folks do, but during hunts on their areas they are pretty busy at the check station. Differs from person to person in my experience.
argueing with eddie is NEVER fun, not because he is right but because he is like a rat terrier on a chew toy. He ain't giving up. and I ain't reading all that crap he cuts/pastes to overwhelm ya either.
note: don't answer to me eddie, yer on ignore and I won't see it. That's classic Troy right there
Some men are mere hunters; others are turkey hunters. —Archibald Rutledge—
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Joined: Feb 2009
Posts: 14,831
Booner
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Booner
Joined: Feb 2009
Posts: 14,831 |
goodoleboy,
Please do put me on IGNORE. Asking not to be put on ignore....even he knows he's annoying.... 
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Joined: Aug 2006
Posts: 32,451
Turkey Nut
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Turkey Nut
Joined: Aug 2006
Posts: 32,451 |
goodoleboy,
Please do put me on IGNORE. Asking not to be put on ignore....even he knows he's annoying.... Not only does he know it. I think he enjoys being annoying.
Some men are mere hunters; others are turkey hunters. —Archibald Rutledge—
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Joined: Oct 2005
Posts: 10,997
Booner
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Booner
Joined: Oct 2005
Posts: 10,997 |
goodoleboy,
Please do put me on IGNORE. Asking not to be put on ignore....even he knows he's annoying.... Don't twist my words into something I didn't say. I didn't ask to not be ignored. I did ask for him to put me on IGNORE. You are as bad as goodoleboy.
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Joined: Oct 2005
Posts: 10,997
Booner
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Booner
Joined: Oct 2005
Posts: 10,997 |
My point in all of this is that biologists in the DCNR are not primarily biologists. They are game warden/biologists. The job announcements for game wardens are separate from the game warden/biologist announcements: Game Warden job announcement:
CONSERVATION ENFORCEMENT OFFICER – 70801
GENERAL OPTION – 003 Kelley v White *** click here *** Game Warden/Biologist job announcement for DCNR:
CONSERVATION ENFORCEMENT OFFICER – 70801
WILDLIFE BIOLOGIST OPTION – 461http://personnel.state.al.us/Documents/Announcements/100419_A.pdfAssignment of the enforcement duties to the Department of Public Safety makes sense. The Department of Conservation should be focused on conservation, not law enforcement. Wildlife Biologists should be allowed to work in their primary field of training in order to ensure the conservation of our various species of wildlife. Enforcement officers should take care of law enforcement and wildlife biologists should be allowed to take care of wildlife conservation. This court case shed's some light on how they are mixed: Kelley v White *** click here ***
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Joined: Feb 2009
Posts: 14,831
Booner
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Booner
Joined: Feb 2009
Posts: 14,831 |
goodoleboy,
Please do put me on IGNORE. Asking not to be put on ignore....even he knows he's annoying.... Don't twist my words into something I didn't say. I didn't ask to not be ignored. I did ask for him to put me on IGNORE. You are as bad as goodoleboy. My bad....my dyslexia must have kicked in.... 
Last edited by Tru-Talker; 01/16/14 04:03 AM.
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Joined: Sep 2003
Posts: 13,164 Likes: 196
Doing the best I can.
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Doing the best I can.
Joined: Sep 2003
Posts: 13,164 Likes: 196 |
Will this grant authority to non-game warden AL law enforcement to conduct warrantless game law/regulation related vehicle searches? This is the first concern I had with this and i think it will be a real issue if it does grant other agencies this authority.
The true mark of a man is not how he conducts himself during times of prosperity, but how he conducts himself during times of adversity.
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Joined: Sep 2004
Posts: 37,396 Likes: 66
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 37,396 Likes: 66 |
Will this grant authority to non-game warden AL law enforcement to conduct warrantless game law/regulation related vehicle searches? This is the first concern I had with this and i think it will be a real issue if it does grant other agencies this authority. I think ya'll are worrying about a non issue here. The only additional search powers that they don't already have is the one pertaining to WMAs only, where a GW can search your vehicle just because they want to. A specific law allows this. It is little understood by a lot of folks. I had several drug cases thrown out by a Shelby Co asst DA who, when questioned, said my probable cause was weak or non existant. No chitt, I didn't need any probable cause IN A WMA. If you are talking about stopping someone for having a deer in the back of a truck, outside of a WMA, they can already do that. Or stop you for night hunting, road hunting, etc.
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
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Joined: Oct 2005
Posts: 10,997
Booner
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Booner
Joined: Oct 2005
Posts: 10,997 |
Will this grant authority to non-game warden AL law enforcement to conduct warrantless game law/regulation related vehicle searches? This is the first concern I had with this and i think it will be a real issue if it does grant other agencies this authority. I haven't seen any exceptions in the court opinions I've read for game law/regulation related vehicle searches without a warrant absent probable cause. If people allow unconstitutional searches, that doesn't mean they are lawful. It just means game wardens are getting away with violating the constitutional rights of hunters and the hunters are allowing it to happen.
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Joined: Sep 2003
Posts: 13,164 Likes: 196
Doing the best I can.
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Doing the best I can.
Joined: Sep 2003
Posts: 13,164 Likes: 196 |
Will this grant authority to non-game warden AL law enforcement to conduct warrantless game law/regulation related vehicle searches? This is the first concern I had with this and i think it will be a real issue if it does grant other agencies this authority. I think ya'll are worrying about a non issue here. The only additional search powers that they don't already have is the one pertaining to WMAs only, where a GW can search your vehicle just because they want to. A specific law allows this. It is little understood by a lot of folks. I had several drug cases thrown out by a Shelby Co asst DA who, when questioned, said my probable cause was weak or non existant. No chitt, I didn't need any probable cause IN A WMA. If you are talking about stopping someone for having a deer in the back of a truck, outside of a WMA, they can already do that. Or stop you for night hunting, road hunting, etc. Don't game officers have the authority to venture on to private property or go behind closed gates just to check things out without a warrant? Just curious because I always thought they did. And no.....I have nothing to hide. 
The true mark of a man is not how he conducts himself during times of prosperity, but how he conducts himself during times of adversity.
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Joined: Oct 2005
Posts: 10,997
Booner
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Booner
Joined: Oct 2005
Posts: 10,997 |
Driveby, ... Don't game officers have the authority to venture on to private property or go behind closed gates just to check things out without a warrant? Just curious because I always thought they did. And no.....I have nothing to hide. grin Is this the authority you are referring to? Section 9-2-65
Powers and duties of game and fish wardens; powers and duties of director with respect to game and fish wardens.
(a) Game and fish wardens shall have power:
(1) To enforce all laws of this state relating to birds, animals and fish;
(2) To execute all warrants and search warrants for the violation of the game, fish and fur laws of the state;
... (6) To enter upon any land or water in the performance of their duty;
Looks to me like it is their duty to obtain search warrants like every other enforcement officer does under the requirements of our constitutions. Legislatures cannot lawfully violate our rights or amend our constitutions. Here's how one court put it: OPINION OF THE JUSTICES, 81 So. 2d 881 - Ala: Supreme Court 1955It was said in Johnson v. Craft, supra [205 Ala. 386, 87 So. 380]: "The Constitution of Alabama, like that of the nation and of the other states, is the supreme law within the realm and sphere of its authority. Subject only to the restraints resulting from the Constitution of the United States, the Constitution of Alabama is the highest form and expression of law that exists in this state. The source of its creation and the character of its sanction, viz. the people's deliberate will, invest the Constitution with its paramount quality. The Constitution's control is absolute wherever and to whatever its provisions apply; and every officer, executive, legislative, and judicial, is bound by oath (section 279) to support the Constitution, to vindicate and uphold its mandates, and to observe and enforce its inhibitions without regard to extrinsic circumstances. It commits to no body, officer, or agent any authority or power whatever to change or modify or suspend the effect or operation of its mandates or its prohibitions; the instrument itself prescribes the exclusive modes by which it may be altered or amended, or its effect and operation changed. Otherwise than as these exclusive modes contemplate and authorize the Constitution's alteration, its character is permanent, its force and influence enduring. Both of these exclusive modes are plainly stated in sections 284-287 of the Constitution. Only through a constitutional convention, called and convened as provided in the existing organic law, or through amendment proposed and adopted as provided in the existing organic law, can the Constitution be altered or changed. It is with the latter mode we are now concerned. [Emphasis supplied.] ... Respectfully submitted, ROBERT T. SIMPSON, DAVIS F. STAKELY, PELHAM J. MERRILL, JAMES J. MAYFIELD, Justices
Link: *** click here *** XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Constitution of Alabama 1901
Article I, Declaration of Rights
SECTION 5
Unreasonable search and seizure; search warrants.
That the people shall be secure in their persons, houses, papers, and possessions from unreasonable seizure or searches, and that no warrants shall issue to search any place or to seize any person or thing without probable cause, supported by oath or affirmation.
SECTION 36
Construction of Declaration of Rights.
That this enumeration of certain rights shall not impair or deny others retained by the people; and, to guard against any encroachments on the rights herein retained, we declare that everything in this Declaration of Rights is excepted out of the general powers of government, and shall forever remain inviolate.
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steelman
Unregistered
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steelman
Unregistered
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Blah blah blah blah blah blah blah blah..blah 
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Joined: Oct 2005
Posts: 10,997
Booner
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Booner
Joined: Oct 2005
Posts: 10,997 |
steelman,
If you are one of those members here who is annoyed by the truth, why not join them in ignoring it? That's what I'm fixing to do with your posts.
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steelman
Unregistered
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steelman
Unregistered
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You're annoying..just sayin
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Joined: Oct 2005
Posts: 10,997
Booner
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Booner
Joined: Oct 2005
Posts: 10,997 |
*** You are ignoring this user ***
Toggle the display of this post
See how it works?
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steelman
Unregistered
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steelman
Unregistered
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Yep appreciate the advice ol man
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steelman
Unregistered
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steelman
Unregistered
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*** You are ignoring this user ***
Toggle the display of this post
See how it works? Has this guy had a bad week or was he born a d*ckhead? You're barking up the wrong tree here pal, i callem like i see em and your a pot stiring instigator, you can copy and past with the best of them i give you that..how about you.just put some chapstick on andkiss my azz!! You're a dirty.rag around here if you havent figured it out yet, nobody takes you serious anymore and you're just a thorn in the side..im a bigger man, i wont ignore you..i can read and accept whatever it is you have to say! But you're a ol codjer, i can accept that. 
Last edited by steelman; 01/16/14 06:48 AM.
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Joined: Nov 2013
Posts: 2,057
on probation
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on probation
Joined: Nov 2013
Posts: 2,057 |
law enforcement Can not just enter your land without a Warrant or the basic reason that there is imminent danger or a law being broken at that time on said property But they will need very good proof to just enter, or a good attorney will get it thrown out. Same as your Truck Law enforcement Officers can't just search your truck because they want to. They have to either ask for Permission or get a warrant.
Another Case being a Woman Screaming "HELP" then they can enter.
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Joined: Nov 2013
Posts: 2,057
on probation
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on probation
Joined: Nov 2013
Posts: 2,057 |
Driveby, ... Don't game officers have the authority to venture on to private property or go behind closed gates just to check things out without a warrant? Just curious because I always thought they did. And no.....I have nothing to hide. grin Is this the authority you are referring to? Section 9-2-65
Powers and duties of game and fish wardens; powers and duties of director with respect to game and fish wardens.
(a) Game and fish wardens shall have power:
(1) To enforce all laws of this state relating to birds, animals and fish;
(2) To execute all warrants and search warrants for the violation of the game, fish and fur laws of the state;
... (6) To enter upon any land or water in the performance of their duty;
Looks to me like it is their duty to obtain search warrants like every other enforcement officer does under the requirements of our constitutions. Legislatures cannot lawfully violate our rights or amend our constitutions. Here's how one court put it: OPINION OF THE JUSTICES, 81 So. 2d 881 - Ala: Supreme Court 1955It was said in Johnson v. Craft, supra [205 Ala. 386, 87 So. 380]: "The Constitution of Alabama, like that of the nation and of the other states, is the supreme law within the realm and sphere of its authority. Subject only to the restraints resulting from the Constitution of the United States, the Constitution of Alabama is the highest form and expression of law that exists in this state. The source of its creation and the character of its sanction, viz. the people's deliberate will, invest the Constitution with its paramount quality. The Constitution's control is absolute wherever and to whatever its provisions apply; and every officer, executive, legislative, and judicial, is bound by oath (section 279) to support the Constitution, to vindicate and uphold its mandates, and to observe and enforce its inhibitions without regard to extrinsic circumstances. It commits to no body, officer, or agent any authority or power whatever to change or modify or suspend the effect or operation of its mandates or its prohibitions; the instrument itself prescribes the exclusive modes by which it may be altered or amended, or its effect and operation changed. Otherwise than as these exclusive modes contemplate and authorize the Constitution's alteration, its character is permanent, its force and influence enduring. Both of these exclusive modes are plainly stated in sections 284-287 of the Constitution. Only through a constitutional convention, called and convened as provided in the existing organic law, or through amendment proposed and adopted as provided in the existing organic law, can the Constitution be altered or changed. It is with the latter mode we are now concerned. [Emphasis supplied.] ... Respectfully submitted, ROBERT T. SIMPSON, DAVIS F. STAKELY, PELHAM J. MERRILL, JAMES J. MAYFIELD, Justices
Link: *** click here *** XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Constitution of Alabama 1901
Article I, Declaration of Rights
SECTION 5
Unreasonable search and seizure; search warrants.
That the people shall be secure in their persons, houses, papers, and possessions from unreasonable seizure or searches, and that no warrants shall issue to search any place or to seize any person or thing without probable cause, supported by oath or affirmation.
SECTION 36
Construction of Declaration of Rights.
That this enumeration of certain rights shall not impair or deny others retained by the people; and, to guard against any encroachments on the rights herein retained, we declare that everything in this Declaration of Rights is excepted out of the general powers of government, and shall forever remain inviolate.
Dang sorry didn't see this one you had already explained it. Good job!!!
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Joined: Oct 2005
Posts: 10,997
Booner
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Booner
Joined: Oct 2005
Posts: 10,997 |
Talltines,
Too many people depend on enforcement officers to explain the law to them. Enforcement officers interpret our constitutions and laws to suit their purposes, not ours.
I try to back up what I say with information that is available to all about what our constitutions and laws actually say and what our courts have ruled.
That seems to annoy a few people here who are very quick to spout off at the mouth but have nothing to back up what they say.
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