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
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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.
