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Joined: Oct 2005
Posts: 10,997
Booner
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Booner
Joined: Oct 2005
Posts: 10,997 |
Bottom line, game wardens are public servants, not public masters.
The Regulation Book is full of rules that have the same force and effect as a bill that has gone through all the legislative processes found in our constitution. Many of them were put there for no other reason than to make the work of game wardens easier.
The claimed intent of those rules may be to help fight crime, when, in fact, they are generally turned against well intentioned hunters out for a day of recreation who then get trapped in the maze and suffer the same consequences as real criminals.
Try doing something about it, and you'll likely see the commissioner's backside as he's walking away.
If this change will help to reduce the influence of game wardens and their bosses in cramming more and more of these rules on us, then I'm all for it.
I'm tired of hearing of good hunters being bullied by the system we have in place now. We should all be on the same side working together against real crime and for real conservation of our wildlife, but we're not.
It's like the kids are ruling the parents in our government. We created this government to serve us. It's not the other way around.
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Joined: Sep 2004
Posts: 37,030
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 37,030 |
I apologize for ommitting some fine Wildlife folks that I have worked with over the years. Kevin Pugh, little short fella at Wolf Creek  :D, Mike Seivering in Tuscaloosa office, and Chris Cook, and Phil Miller. Good men
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: Sep 2004
Posts: 37,030
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 37,030 |
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. son, you have no idea what you are talking about. A GW can enter on your land to check for hunting violations, WITHOUT a warrant or "very good proof" either. Just ain't the case. And, to my personal knowledge, NO case made as such has ever been thrown out because the GW didn't have a warrant to enter onto someone hunting club/land/lease/whatever. On a WMA an officer can search your truck just because he dosen't like its color or the way you comb yer hair...or jus because it is there. And they don't make lawyers good enough to get that thrown out of any court in Alabama....
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 |
I've found no case law whatsoever where the actions troy talks about have ever been contested to the higher courts.
I'm convinced that our constitutions would be upheld if they ever are contested to that level. We'll never know until some hunter like Archie Phillips spends their time and their money to challenge the laws and the policies of the Department that clearly violate constitutional principles.
Oaths of office require support of our constitutions. You can't rely on that any more to protect your rights.
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Joined: Sep 2004
Posts: 37,030
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 37,030 |
blah, blah, blah, whatever you said...
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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steelman
Unregistered
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steelman
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sgtred
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sgtred
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Your right 2dogs that wasn't you. That's really all I wanted to clarify for those who don't like direction of things conservation wise,,Moving the GWS to DPS, DEPT OF LAW ENFORCMENT will not alleviate this, There will still be an Advisory board ,commissioner etc. and a Dept of Conservation.The GWS would just be cherrypicked and moved to DPS, Dept of LAW ENFORCEMENT.
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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. son, you have no idea what you are talking about. A GW can enter on your land to check for hunting violations, WITHOUT a warrant or "very good proof" either. Just ain't the case. And, to my personal knowledge, NO case made as such has ever been thrown out because the GW didn't have a warrant to enter onto someone hunting club/land/lease/whatever. On a WMA an officer can search your truck just because he dosen't like its color or the way you comb yer hair...or jus because it is there. And they don't make lawyers good enough to get that thrown out of any court in Alabama.... din't say game wardens said Law enforcement Meaning Police that is the extinct of my knowledge are police. And never mentioned WMAs that is state land And I know you have to obey there laws on there land I always expect to give my local warden full access to my truck when I am on a WMA. As for Game Wardens I would have figured they would have to have reasonable doubt that there was a crime being committed on someones property to be able to enter private property. If not then I will stand corrected. I know that A police man has to have reasonable doubt to enter someones property or to search a truck or car.
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Joined: Sep 2004
Posts: 37,030
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 37,030 |
talltines, maybe I worded start badly you are partly right. GWs are LEOs, state police officers. and police do have to have a warrant to enter PARTS of your property, esp yard or in the house. GWs don't have to have a warrant to go on your land, but do have to have one to go in your yard or house. All LEOS have to have probable cause to search a vehicle without your consent in the absence of a warrant. They have to have enough information to get a warrant but don't actually have to go get it. EXCEPT a GW when on a WMA, like stated. hope ya kill a big one... 
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: Nov 2013
Posts: 2,057
on probation
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on probation
Joined: Nov 2013
Posts: 2,057 |
talltines, maybe I worded start badly you are partly right. GWs are LEOs, state police officers. and police do have to have a warrant to enter PARTS of your property, esp yard or in the house. GWs don't have to have a warrant to go on your land, but do have to have one to go in your yard or house. All LEOS have to have probable cause to search a vehicle without your consent in the absence of a warrant. They have to have enough information to get a warrant but don't actually have to go get it. EXCEPT a GW when on a WMA, like stated. hope ya kill a big one... No problem. Hey if I'm wrong I'll admit it for sure. Can't learn if I don't ask either. Thank you fro clearing that up for me.
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Joined: Oct 2005
Posts: 10,997
Booner
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Booner
Joined: Oct 2005
Posts: 10,997 |
BhamFred, All LEOS have to have probable cause to search a vehicle without your consent in the absence of a warrant. They have to have enough information to get a warrant but don't actually have to go get it. EXCEPT a GW when on a WMA, like stated. Game wardens are not excepted out of the limits of our constitutions anywhere at any time. They are bound by the same limits as any other law enforcement officer. If anyone can prove that there is some kind of exception that allows game wardens to violate fundamental rights enumerated in our constitutions, then they should post it up for all to see. I read a lot of case law, and I've never seen any such exception. For your reference:
This is what our state constitution says. Every officer of our state swears to support it. Our legislature is a creation of this same constitution, and game wardens are a creation of our legislature. All of them swore to support this.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.
Section 9-11-303
Searches and seizures.
The Commissioner of Conservation and Natural Resources and his designated agents or employees are authorized to search without warrant any automobile, wagon, truck or other vehicle or any hunting sack or hunting coat within any wildlife management area and to confiscate any protected bird, animal or fish found killed or held in violation of the game laws or the regulations of the Commissioner of Conservation and Natural Resources; provided, that this section shall not be operative against persons traveling on state and federal highways within any wildlife management areas.
(Acts 1939, No. 668, p. 1061, 4; Code 1940, T. 8, 110(4).)
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Joined: Sep 2004
Posts: 37,030
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 37,030 |
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: Dec 2010
Posts: 2,268
8 point
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8 point
Joined: Dec 2010
Posts: 2,268 |
talltines, maybe I worded start badly you are partly right. GWs are LEOs, state police officers. and police do have to have a warrant to enter PARTS of your property, esp yard or in the house. GWs don't have to have a warrant to go on your land, but do have to have one to go in your yard or house. All LEOS have to have probable cause to search a vehicle without your consent in the absence of a warrant. They have to have enough information to get a warrant but don't actually have to go get it. EXCEPT a GW when on a WMA, like stated. hope ya kill a big one... Which begs the question to be asked, if they are rolled up under DPS, how does it effect those powers. In my mind (which isn't worth much) they become a LEO (a public safety officer not a conservation officer) just like any other at that point and should need a search warrant to search. Another reason to keep conservation efforts separate from other LE organizations.
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Joined: Jul 2011
Posts: 37,687
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 37,687 |
talltines, maybe I worded start badly you are partly right. GWs are LEOs, state police officers. and police do have to have a warrant to enter PARTS of your property, esp yard or in the house. GWs don't have to have a warrant to go on your land, but do have to have one to go in your yard or house. All LEOS have to have probable cause to search a vehicle without your consent in the absence of a warrant. They have to have enough information to get a warrant but don't actually have to go get it. EXCEPT a GW when on a WMA, like stated. hope ya kill a big one... Which begs the question to be asked, if they are rolled up under DPS, how does it effect those powers. In my mind (which isn't worth much) they become a LEO (a public safety officer not a conservation officer) just like any other at that point and should need a search warrant to search. Another reason to keep conservation efforts separate from other LE organizations. Ya haven't been paying attention, 49er done said they have no special powers. Well he's gonna say it anyway.
"Why do you ask"?
Always vote the slowest path to socialism.
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Joined: Oct 2005
Posts: 10,997
Booner
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Booner
Joined: Oct 2005
Posts: 10,997 |
Yep. ^^^^^^
I have been known to support our constitutions from time to time. They should as well. That's what they swore to do before we delegated OUR authority to them in the first place.
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Joined: Sep 2004
Posts: 37,030
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 37,030 |
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 |
That's what Obama thinks of our constitutions too. He's not by himself. He's got plenty of other people besides you just like him right here in Alabama that say the same thing when our constitutions are mentioned even when they've sworn to support them.
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Joined: Nov 2013
Posts: 11,005
Booner
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Booner
Joined: Nov 2013
Posts: 11,005 |
laws only apply to the small people anyways
"A moment of realization is worth a thousand prayers"
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Joined: Oct 2005
Posts: 10,997
Booner
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Booner
Joined: Oct 2005
Posts: 10,997 |
laws only apply to the small people anyways Only if we allow them to: It 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, J. ED LIVINGSTON, Chief Justice THOMAS S. LAWSON, JOHN L. GOODWYN, Justices.
Article I, Declaration of Rights
SECTION 2
People source of power.
That all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and that, therefore, they have at all times an inalienable and indefeasible right to change their form of government in such manner as they may deem expedient.
SECTION 35
Objective of government.
That the sole object and only legitimate end of government is to protect the citizen in the enjoyment of life, liberty, and property, and when the government assumes other functions it is usurpation and oppression.
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Joined: Nov 2013
Posts: 11,005
Booner
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Booner
Joined: Nov 2013
Posts: 11,005 |
so your saying there supposed to be there to protect me.not use it as a way to harrass.bully. and opress me..cause it sure dont feel like it
"A moment of realization is worth a thousand prayers"
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