Being harrassed by the Game Warden...

E

ECC

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I currently lease one of 3 houses on a large apple orchard and I have been getting harrassed by the game warden quite a bit. Last year, he wrote me up for no blaze orange (even though I had on a bright red sweatshirt). I have no problem with that, I was doing something wrong and he caught me...but since then he has been harrassing me non-stop. My probems with the game warden are not what I'm enquiring about though. Another tenant who rents a house on the opposite side of the orchard has been getting the third degree too...and this time it has gone too far. The game warden stopped him on his own private property (WV laws state tenants have the same rights as landowners) on his way back from bowhunting on my side of the orchard. The game warden asked if he could search his vehicle and the other tenant said yes. Durring the search, the warden found a concealled pistol. He confinscated the weapon and wrote this other guy up for carrying a concealled weapon. This charge could have very serious consequences for this guy...and even mess up his military career. Does anyone here have any advice for this situation? Thanks in advance!

Later.

Eric
 
Rule Number One--NEVER, EVER, EVER, EVER, EVER volunteer to have anything of yours searched under any circumstances. If the LEOs have probable cause, they will have no trouble getting a warrant. If they have reasonable suspicion they don't need your permission to conduct certain searches, so they won't bother asking. But once you agree of your own free will to let them search, you've basically stuck your head in the noose if they happen to find anything.

Of course, they may not like the answer "no," and they may get grumpy or even threaten you with how XYZ is going to happen if you don't cooperate. The proper response to this is extremely simple. Get your lawyer on the phone. Nothing against LEO's, DA's or other members of our law enforcement community, but it's not safe to assume they are "on your side" when they're questioning you. Part of their job may very well involve lying to you and even trying to trick you.

As far as this particular situation, the proper thing for this fellow to do is get a good criminal lawyer from the local jurisdiction. There are too many unknowns, including where this took place, to offer any meaningful advice about this particular case.
 
I never have seen much use for some of the "game theif" programs. I turned in two different sets of hunters that were poaching. I gave vehicle descriptions, license plates. WHat they looked like and various other stuff and nothing ever happened to either group. What more could they have had?
 
1st of all, does he even need a permit on his resident property?

2nd of all, WTF is the GW doing on private property without a warrant ? Hunting season is not probable cause to believe crimes are taking place. Call the cops on him, report armed game warden trespassing and threatening residents.
 
For TN, I've heard the game warden can search your vehicle if they think you've been poaching. And then I heard they don't need warrants? I'm not sure on the details, so if anyone can inform be better, please do so.

There's some horror stories about a snooty game warden in a small southern town I'll leave unnamed (not that hard to figure out if you follow my posts) - other than some unsavory incidents with hunters, he butts into police matters, showing up on the scene of police calls that have nothing to do with game-wardening, and tries to trample all over the officers' duties. The cops hate him.

If a game warden thinks he can search my vehicle, I'll fuss and have a real cop come over to handle the matter.
 
Interesting ....

Stopped at a game checkpoint a few weeks ago. My freshly shot deer was in back of open pickup so no need of "search". Funny thing is (especialy after reading all the LEO horror stories on TFL), he either never noticed or didn't care about 357 revolver carried openly on my hip (completely legal).

I was impressed - he was friendly and did his job.
 
A diary is a good thing when dealing with idiots like this. It's not "proof", but it's a lot better than, "Well, he said... And then I said... I think it was on the 12th. Or was it the 13th? Anyway...."


As for your neighbor, alas, he'll reap the consequences of his lack of paranoia.
 
Be extremely wary of them; in many states, they are deemed LEO's with statewide jurisdiction - like a state trooper - with full authority to investigate, prevent and arrest for ANY criminal violation they stumble onto.

Also keep in mind that in many states (unfortunately, Idaho is among them) they rely heavily on their "cut" of fines a judge imposes on fish and game violations to fund their statewide operations and programs. Given that incentive, it'd be no real surprise to learn that officers are "strongly encouraged" by their supervisors to be extremely zealous.

Dang stealthy, too; I know from personal and professional experience that they poke around unattended vehicles and go through unoccupied hunting camps looking for evidence, and if they find it, they manufacture a fortuitous circumstance to "just be in the area" when the occupants return.
 
I'd have a chat with the landlord. Make it clear that the GW is making his property undesirable to rent. Also, as mentioned, keep a log of encounters, and study up on the law.

I beleive that WVA doesn't require a permit for handguns on own property (but in vehicle may be a different issue - then again, if vehicle was parkerd on property, may be a moot issue), it's a pretty gun-friendly state.

GWs like cops, some /most OK, some proctologically-challenged and/or improperly socialized.
 
confiscation of friends weapon from vehicle.

I believe the US supreme court has ruled that a person's vehicle is an extension of their home, which entitles you to a firearm in whatever state you deem necessary inside that vehicle. Loaded, Concealed, whatever, so long as you don't brandish it or threaten another person with it. Also, if asked by an LEO if you have any weapons in the vehicle, it's not REQUIRED but may be WISE to inform them of it, as LEO's don't like suprizes.
 
Welcome to TFL, bnmorgan.

There are a number of errors in your post, however.

Unfortunately, there are a number of States that disallow unlicensed vehicle carry.

Also, if asked by an LEO if you have any weapons in the vehicle, it's not REQUIRED but may be WISE to inform them of it,
Click to expand...

Here in Texas, it IS required by law, even for CHL holders.
 
All that is in regards to public locations. At least in Indiana one doesn't need a permit to pack any firearm around on his own property OR plates/license to drive a vehicle on his own property. As such having a loaded pistol in a vehicle is a non-event under any circumstances, so long as you own the property on which you're sitting. If WV also recognizes a renter as having full property rights then it would appear it's time to lawyer up and educate a Game Warden.

I will say these guys are a strange bunch. My first experience with one was my dad escorting one off our property at shotgun point 30 years ago. I don't remember the exact series of events but I know we were walking a pasture, my dad with an old 870 over his shoulder, when the Possum Cop came wandering out of our woods shouting orders. Dad was fresh out of the Corps then and in the ensuing contest of wills Mr Warden lost. :) OTOH most I have encountered since have been a pretty good bunch of guys. But when you get a weird one...yeesh.
 
Here in MI, game wardens are Conservation Officiers and have the same powers as the State Police. I am not exactly sure under what circumstances they can come onto your property, but I would assume that they would need the same probable cause as the police.

As several others have suggested, don't consent to a search and I would definately hire an attorney.
 
2nd of all, WTF is the GW doing on private property without a warrant ?
Click to expand...

If the property is open to the public, ie. anyone could drive up to the house, like the mailman, meter reader, etc., the game warden can come onto his property just like anyone else. If the guy just pulled up to his house and the cop followed him without stopping him, he was in a legal position to ask him to search the car. If he gave him consent, it was a legal search. If the guy was driving and the police stopped him for a legitmate traffic violation (no matter how trivial) he was in a legal position to ask to search. The police almost never need a warrant to search a car when they have probable cause. And, as was mentioned earlier, they often don't even need probable cause to search for weapons if they have reasonable suspicion. If your buddy was in YOUR car, and the police did an illegal search and found your budddy's gun, they could still use it against him, federally speaking. The 4th. amendment protects people, not places. If the approach to the house is open to the public, it's fair game. No pun intended...

Many consent searches, for all intents and purposes, are conducted under coercion. For instance, if you can show that you were not free to leave when you granted consent, many times, the court will find that the consent was coerced, and exclude the evidence. For example. If he came up to you and asked you for ID, and you gave it to him, and he held onto it and was leaning on your car when you gave him consent, you could reasonably say that you were afraid that since he had your papers and was leaning on your car, he'd give you a ticket if you failed to give him consent.
 
As I understand it ECON officers in New York State can search your house or your car if they suspect you are in possession of poached game(sans a warrant). I am not sure about having a firearm in your possession during hunting season plays out. I would suspect the ECON officer has to show you were hunting. Also, you cannot carry a sidearm when hunting with a bow or a rifle. That is my understanding of NYS law concerning these matters.

I hope your neighbors situation turns out okay and I would tell the game warden to stay the hell off my property unless he has a darn good reason to be there!
 
The only time they can search your house without a warrant is under a few exigent circumstances. Such as: They have probable cause to believe there is contraband present (like a poached deer) and if they wait to get a warrant, the evidence will be destroyed, gone, etc....In that case, they are allowed to force entry without a warrant in order to maintain the status quo while they then go and get the warrant.
 
Here in TX, only GOD has more power than the Game Wardens, and he'll still usually give them a call to check if it's OK.
 
Well, since the topic was posted a year and a half ago, it's probably moot. The guy is probably out of jail by now.


No, wait, he committed a GUN crime.

Yeah, he's probably still in prison.
 
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