8 Comments

As a hunter (and fisherman), I've often wondered about the constitutionality of game warden conduct, if it's ever been challenged. A game warden can approach any hunter/fisher at any time and perform a "check" - your license, stamps, ID, inspect your firearm, check your ammo, search your person (for "other" ammo or game you might be concealing or other signs of illegal harvesting) based on zero suspicion whatsoever. They "check" everybody - and it's clearly a "fishing expedition" where they're looking for a violation. They show this on TV all the time, if you watch those shows. They'll pull people over on the road and search the vehicle/boat - taking all your (legally) harvested fish/game and laying out on the side of the road looking for any violation - of ANY law, including the finding of illicit narcotics found" incidental" to their search. All conducted with no probable cause whatsoever. Now, I don't "hate" game wardens, I'm just curious under what special suspension of 4th Amendment rules they operate?

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It wouldn't surprise me if the licenses come with fine-print acceptance of having to show when asked. After all, they represent "permission" to engage in a regulated activity.

I'll leave the broader question of property rights aside for now.

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Well, driving on public roads is a "regulated activity" pursuant to having a valid driver's license. An officer still has to have a reasonable suspicion of illegal activity to pull you over and start the process. I could ask an acquaintance of mine who is a federal game warden if they have "special powers". He's a reasonable guy and to my knowledge, he's only busted people he caught in the act of violation - which can be hard, considering where the "crime" occurs is often far from where humans are normally found.

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Yeah, there's gotta be something.

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Brilliant, as usual. You reminded me of the Startrek episode where Kirk & Co. were referred to as “ugly bags of water” 😁👍

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Back the Blue lost a lot of its luster after the pandemic, when LEOs stood aside as rioters burned cities, but sent teams of 3-4 bruisers to arrest lone surfers.

As you pointed out, LEOs can be either respectable and principled people or sociopaths on power trips. But most are just Ordinary Men*, and they'll do what they're told to keep their jobs and put food on the table.

*"Ordinary Men" by Christopher Browning, detailing how average middle-aged Germans became the cold-blooded murderers of tens of thousands of Jews

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Individuality and tribalism in our world are ideally two directions of a perfectly balanced oscillating pendulum. At anytime it can swing too far one way or another.

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But one is good, and one is bad. The state of affairs doesn't change that.

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