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Jan. 11, 2004
State's game wardens gain search authority under new law
By Ben Tinsley, Star-Telegram Staff Writer
INSIDE CRIME FIGHTING
A law recently passed by the Legislature gives state game wardens a power that many Texans assumed they had all along.
For years, game wardens depended on the widespread belief that they possessed the authority to randomly search hunting and fishing equipment, inspect fish game or other wildlife resources, and view the contents of containers such as ice chests.
The problem was, they didn't. Under the law, game wardens needed the individual's permission to conduct searches. Unless the game warden had probable cause, a hunter or angler had every right to refuse.
"There had to be a reasonable suspicion that game had been illegally taken for us to search," said Lt. Jennifer Kemp, a Tarrant County game warden out of Fort Worth. "The way the law originally was written, we had to ask them, 'Do you mind if I look at your fish?' and if they said 'no,' then we didn't have a leg to stand on."
In recent years, more and more people discovered that Texas law didn't require them to submit to these inspections. This troubled authorities and prompted the Legislature to grant search authority.
House Bill 1529, authored by Rep. Robby Cook, D-Eagle Lake, was signed by Texas Gov. Rick Perry on June 20 and took effect Sept. 1.
"They can't deny us the right to look anymore," Kemp said.
During a finance committee meeting in April, Robert L. Cook, executive director of the Texas Parks and Wildlife Department, spoke in favor of expanding the search powers of game wardens.
Passage of the measure doesn't indicate that lawlessness was running rampant, game wardens added. Most Texans tend to cooperate with game wardens, Kemp said.
"I would say we have 99 percent voluntary compliance across the board," she said. "Most people that hunt and fish are glad we are out there."
Tarrant County game warden Michael McCall agreed that most Texans are forthcoming when approached by authorities.
"This just gives us a little more leeway to prevent game from being illegally taken," he said. "It clarifies the law. Before, we really had to suspect the containers had illegally-taken resources before we could do anything."
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Ben Tinsley, (817) 685-3821 btinsley@star-telegram.com
End article
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What BS. Texas would be the last place I would think citizens would gladly hand over their right to not allow a search. Denying a search doesn't make you guilty of anything.
Any Lone Star peeps want to comment on this?
In case anybody forgot citizenship class.
Under the Bill of Rights.
4rth Amendment
<div class='quotetop'>QUOTE </div>
State's game wardens gain search authority under new law
By Ben Tinsley, Star-Telegram Staff Writer
INSIDE CRIME FIGHTING
A law recently passed by the Legislature gives state game wardens a power that many Texans assumed they had all along.
For years, game wardens depended on the widespread belief that they possessed the authority to randomly search hunting and fishing equipment, inspect fish game or other wildlife resources, and view the contents of containers such as ice chests.
The problem was, they didn't. Under the law, game wardens needed the individual's permission to conduct searches. Unless the game warden had probable cause, a hunter or angler had every right to refuse.
"There had to be a reasonable suspicion that game had been illegally taken for us to search," said Lt. Jennifer Kemp, a Tarrant County game warden out of Fort Worth. "The way the law originally was written, we had to ask them, 'Do you mind if I look at your fish?' and if they said 'no,' then we didn't have a leg to stand on."
In recent years, more and more people discovered that Texas law didn't require them to submit to these inspections. This troubled authorities and prompted the Legislature to grant search authority.
House Bill 1529, authored by Rep. Robby Cook, D-Eagle Lake, was signed by Texas Gov. Rick Perry on June 20 and took effect Sept. 1.
"They can't deny us the right to look anymore," Kemp said.
During a finance committee meeting in April, Robert L. Cook, executive director of the Texas Parks and Wildlife Department, spoke in favor of expanding the search powers of game wardens.
Passage of the measure doesn't indicate that lawlessness was running rampant, game wardens added. Most Texans tend to cooperate with game wardens, Kemp said.
"I would say we have 99 percent voluntary compliance across the board," she said. "Most people that hunt and fish are glad we are out there."
Tarrant County game warden Michael McCall agreed that most Texans are forthcoming when approached by authorities.
"This just gives us a little more leeway to prevent game from being illegally taken," he said. "It clarifies the law. Before, we really had to suspect the containers had illegally-taken resources before we could do anything."
--------------------------------------------------------------------------------
Ben Tinsley, (817) 685-3821 btinsley@star-telegram.com
End article
==================================================
What BS. Texas would be the last place I would think citizens would gladly hand over their right to not allow a search. Denying a search doesn't make you guilty of anything.
Any Lone Star peeps want to comment on this?
In case anybody forgot citizenship class.
Under the Bill of Rights.
4rth Amendment
<div class='quotetop'>QUOTE </div>
