LEO Question

[Buckrub]

Yes, this varies by State. Or I guess it does. But it's a hot topic on another board, and I don't know the answer.

Guy, let's call him Joe, has written permission to be on Harold's private property. Joe puts up a game camera on a fence post. Or a tree. Whatever.

Joe shows up to hunt, and there stands a Game Warden. GW has pulled the SD card out of the guy's camera and is looking at it on his digital camera. Joe asks him what he is doing, and he says something like "Just saw this game camera and thought I'd see what was on it".

Joe has done nothing illegal, and for sure not in front of the camera. He believes the GW is violating the 4th Amendment. Others say GW's are 'special cases' and prima_facie evidence rules say they can inspect almost anything afield.

What say you?

[BarryBobPosthole]

Hey I'm a Leo. On the cusp of Virgo.

Its currently legal for a copper to go through your cell phone to see if there's anything incriminating on it. Completely without a warrant. I believe that's about to be heard by the SCROTUS. (pun intended)

Isn't this the same thing?

BKB

[Buckrub]

No it's not. Who told you that?

[Thumper]

Good question. I've always heard GW's have more authority than regular LEO's, but it sure "seems" wrong ... whether it is or not.

[Thumper]

No it's not. Who told you that?

Here's a blind link for ya' Bucky.

http://www.cbsnews.com/news/police-c...out-a-warrant/

Seems pretty dang similar to GW's going through game cams.

[Buckrub]

I love blind links. They can't see me readin' 'em.

That link was about a guy stopped FOR CAUSE and THEN his cell phone was searched. Not same thing, not even close. IMHO.

[BarryBobPosthole]

Well, you've heard from a Leo and a Capricorn and neither of us know. We're agnostic on that issue. Maybe find a Libra. They're judgy.

BKB

[Buckrub]

Horoscopes

Capricorn
12/22-1/19

You feel incredible -- which could be good or bad. If you're in the dumps, take heart in the knowledge that the feeling can't last long. If you're up, make the most of it while you can!

Dunno Thump's b/d, but the above sure seems to fit him................

[Thumper]

Horoscopes

Capricorn
12/22-1/19

You feel incredible -- which could be good or bad. If you're in the dumps, take heart in the knowledge that the feeling can't last long. If you're up, make the most of it while you can!

Dunno Thump's b/d, but the above sure seems to fit him................

Didn't you comment on the "Billie" goat post?

[Buckrub]

Oh.

Yeah. Well, I wuz caught up more in the Billie than I wuz the Birthday.

happy birthday, buttwipe. Hope you can last one time!!!!

[BarryBobPosthole]

He ain't much of a noticer, Thumper.

BKB

[Buckrub]

Hard to see for all this sand.

[BarryBobPosthole]

Sand in your vagina? AGAIN?

BKB

[Buckrub]

Eyes.

Head in sand.

[BarryBobPosthole]

Like the famous Milamo bird.
BKB

[Captain]

Good question. I've always heard GW's have more authority than regular LEO's, but it sure "seems" wrong ... whether it is or not.

That is not true. They have no more authority than any other LEO. What they DO have is statewide jurisdiction for any criminal act, from littering to drugs to traffic to game laws. Basically anything. That said they still have to play by the 4th and 5th amendments.
No LEO can just walk up to anyone and search their phone unless they have reasonable suspicion or probably cause of criminal activity, or as a search incident to an arrest. I cannot imagine how he would have either with a trail camera.

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[quercus alba]

In Arkansas they use game wardens at roadblocks because they don't need a warrant to search a vehicle

[Captain]

They need the SAME probable cause that any officer needs to search. Period.

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[Gunther]

Well, there are some places in western SD where it might happen. Once. For the most part I hate wardens. I have met one good one but for the most part they're a buncha dipshits that think they are special.

[Arty]

Well, there are some places in western SD where it might happen. Once. For the most part I hate wardens. I have met one good one but for the most part they're a buncha dipshits that think they are special.

Isn't it terrible that the overwhelming majority of people (that I know or know of, at least) have the same opinion as this about GW's? Only thing I can figure is that "How to be an Asshole 101" must be a required course for them.

[Thumper]

Cappy ... serious question. How vague is the "probable cause" issue? Example, Fish Cops can board your boat and check all paperwork, safety equipment, fishing tackle, bait, licenses AND go through coolers, etc. AND check to see if you've been drinking. If you aren't breaking any laws and simply "minding your own business" ... where is the "probable cause". Is it simply the fact you're on the water?

Coming back from Canada, I think it was TW, Johnboy, P-hole, Bucky and myself (I think it was that trip), were pulled over by fish cops. They checked our licenses, then went through the coolers in the vehicles and boat "to see if we were over limit" on fish. Where's the probable cause? The fact we were pulling boats? Couldn't they also simply walk into my house and check my freezer simply because I possess a fishing or hunting license .. or own a fishing pole/gun? What's the difference? If the coolers had been full of Cocaine, would we get off on a "technicality"? It's like a "license check" roadblock. I was busted in one as a kid. I was obeying the law (well, sort of) but they stopped EVERYONE to check for driver's licenses and insurance info. (I was driving on a "learner's permit" and received a ticket) Is "probable cause" the simple fact people were DRIVING?

DUI check-points on New Year's Eve ... is "probable cause" simply the fact a lot of people drink on that evening? Or does the "probable cause" only kick in if they "think" you've been drinking after observing you at the stop? Is it they don't need probable cause to stop you ... only to arrest you?

The "probable cause" thing just seems mighty "grey" to me. What are the boundaries?

[Captain]

The probable cause is the fishing rods, license, coolers, and everything else that it takes to catch fish. If you got all that stuff it is probable that you are taking fish and they are regulated by size, amount etc....
A vehicle on a public highway is ALWAYS subject to search due to fact a person has to have a license/insurance to operate. The scope or amount of search depends on what is learned upon the check of license, registration, insurance etc.

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[BarryBobPosthole]

So probable cause is just a crock of shit.

BkB

[Niner]

Probably.

[Thumper]

Ummm, yeah ... that was kinda my point. "Probable Cause" my ass.

[Buckrub]

Prima_facie evidence. You are fishing, thus you might be guilty. It's what everyone has against Fish Cops. They make you prove your innocence.

Truth is, I don't know of any other way to do it.

I've had TWO run ins with Fish Cops that were bad. The rest are pleasant and professional. In the first instance, the GW got arrested 3 months later for pushing drugs.

Thanks Cappy. That was what I was looking for.

[Captain]

Probable cause is a good thing. It keeps you from being searched for no reason.
When fishing in public waters you are partaking in a activity that is regulated. ie: license requirements, limits, type of game fish, size restriction etc... So by your very activity OF fishing you give GW's probably cause to check to see if you are abiding by all laws because the activity itself is regulated.
Not so (in NC) in a private farm pond. No regulation, license etc required. So they do not check you there.
Think of it this way. If you were dressed in your bestious Sunday go to meeting clothes and walking down the sidewalk with no fishing rod in hand and no indication that you have been fishing It WOULD be illegal for a GW to walk up to you and want to check your fishing license. That's the reason you don't get checked at the mall while shopping for your wife a pair of thigh-highs...

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[Captain]

Prima_facie evidence. You are fishing, thus you might be guilty. It's what everyone has against Fish Cops. They make you prove your innocence.

Not really Bucky,they are not making you prove you are innocent, you are taking part in a regulated activity and they are checking to see if you are within regulations. It's not you are fishing so you might be guilty, it's you are fishing and the law says there are certain things you have to do in order to fish. So by the act of fishing you are giving probable cause to see if you are within the regulations. If folks don't like being checked they should not do regulated things, driving, hunting, fishing etc.

Like I said earlier no one has ever had their fishing and hunting license checked while shopping for groceries.

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[BarryBobPosthole]

Name an activity that ain't regulated these days.

BKB

[Captain]

Shopping, going out to eat, going to church.... How many you want?

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