BhamFred,
Quote:
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


Quote:
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.


Quote:
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.




This is a law that was written by our legislature that game wardens take as the EXCEPTION to the constitutional limits we placed on their authority that WE delegated to them:


Code of Alabama 1975
Quote:
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).)



All legislators and game wardens must swear to support our constitutions before taking office. Their word ain't worth much these days.