Question about game wardens

[knightrider]

Or attempting to take, I do believe.

But they can no longer trespass to do it!

 

[tnanh]

Not really. They can't pull you over in car just to see if you have a license.

Exactly.

 

[DaveTN]

But they can no longer trespass to do it!

But they did.

 

[knightrider]

But they did.

Exactly

 

[lol]

You are an attorney, I am not. So what you are saying is if they can see you hunting, they don't need permission or probable cause that you are committing a crime, because the statute allows them to do that?

I'm not arguing with anyone, I just think the law should be clear. And obviously it is not. That's why I would like to hear from a Command Officer if what that Officer did in this scenario was proper. Asking the Officer is okay, but I doubt he will say he violated a court interpretation of the law. Arguing it with him in the field could be bad also.

I'm with you. Before I was a lawyer, I wasn't. And even now this is are unclear as evidenced by repeated content on tndeer. It's difficult to give a simple answer to a lot of these questions. I'm not even sure it's clear to the folks enforcing the law. There's a lot of room for risk for folks even when trying to do the right thing.

 

[Rainbowtrout1]

Is there not anyone on the board that is a memeber of TWRA that can provide a factual answer regarding this situation?

 

[deerfanatic]

Is there not anyone on the board that is a memeber of TWRA that can provide a factual answer regarding this situation?

@scn

 

[scn]

@scn

I am not a member of TWRA. All of this changed in the ten years since I retired.

Give the law enforcement major in the regional office a call and let them sort it out.

 

[Biggun4214]

There's a statute that requires folks to provide proof of license if taking or possessing wildlife.

Tenn. Code Ann. § 70-6-101
(1) It is the duty of every person participating in taking or possessing wildlife as permitted by this title to permit the executive director or officers of the agency to ascertain whether the requirements of this title are being faithfully complied with, including the possession of a proper license.

I am no longer an officer but still have ties. This is basically revolves around plain sight.

The ruling addressed searches and cameras. There are several exceptions to the ruling. Plain view and exigence circumstances are two.

 

[Schap]

If you feel like they were in wrong call and talk to someone but I would try to talk to somebody higher up the food chain.

 

[killingtime 41]

Also I wonder at what point things get gray. Because no matter if I own the land or not. I don't own the game on it. And who is there to police the game. Be nice to have some real understandable info on it. Cameras and searches are what. And at what point is trespassing not allowed. Is it so they cannot place cameras or do searches of your house or building on the property without a warrant. But if they can see you they can now come onto your property.