Roadside Game Checkpoints???

Kino M

Kino M

Moderator
Staff member
So while I was out west noticed some states that had mandatory check points for hunters, whats the deal with those, never seen them back east???
 
Yeah fortunately we don't have the issues in the east nearly as much with CWD and I totally understand that after an animal is harvested.

What I don't understand though is the signs read "ALL HUNTERS must stop" regardless of what you was hunting or even if you had harvested anything. That i have an issue with as it seems like a direct violation of the 4th ammendment, as they have no PC or reasonable suspicion a crime was committed??

I can 100% assure you that making hunters stop on the side of the road to get "checked" even if they hadn't harvested anything would not fly in my state!
 
Originally Posted By: Kino M What I don't understand though is the signs read "ALL HUNTERS must stop" regardless of what you was hunting or even if you had harvested anything. That i have an issue with as it seems like a direct violation of the 4th ammendment, as they have no PC or reasonable suspicion a crime was committed??
People who are hunting and fishing can be contacted in the field and have their license and wildlife checked for compliance. Engaging in hunting and fishing is PC for a stop.

I worked several hunter check points before I retired. The first question asked by an officer upon someone entering a hunter check point is, "Have you been hunting or fishing?" If they answer, "No," then there is no PC for the stop and they drive away.

 
Fursniper said:
Originally Posted By: Kino M What I don't understand though is the signs read "ALL HUNTERS must stop" regardless of what you was hunting or even if you had harvested anything. That i have an issue with as it seems like a direct violation of the 4th ammendment, as they have no PC or reasonable suspicion a crime was committed??
People who are hunting and fishing can be contacted in the field and have their license and wildlife checked for compliance. Engaging in hunting and fishing is PC for a stop.

I worked several hunter check points before I retired. The first question asked by an officer upon someone entering a hunter check point is, "Have you been hunting or fishing?" If they answer, "No," then there is no PC for the stop and they drive away.
Click to expand...


Thanks for replying Fursniper and what you posted makes sense but the fact that you even have to stop seems almost like a Terry stop or stop and frisk?

Having to mandatory stop is the issue I have as you are simply driving down the road, LEO has zero PC or RS! Engaging or in the act of hunting and fishing i have zero issues and no problems letting a CO check whatever but simply because your a hunter driving down the road NOT CURRENTLY ENGAGING in any hunting activities seems like an unlawful mandatory stop.

What's the penalty if a person drives by in camo and doesn't stop??
 
Boy, here there are big thing. Most have chace cars running if you don't stop.
In fact that implies if you hold a hunting license even if you're NOT hunting you're supposed to stop.
They can search your truck and trailer without a warrant.
 
Badbrass said:
Boy, here there are big thing. Most have chace cars running if you don't stop.
In fact that implies if you hold a hunting license even if you're NOT hunting you're supposed to stop.
They can search your truck and trailer without a warrant.
Click to expand...


Exactly, if I lived in a state where thus went on I would be a regular eye sore with my representatives, no way in Hell does this not violent the 4th ammendment.

I don't have an issue with COs doing their jobs but when they can simply disregard a constitutional right I take offense.

Anybody got any case law references where this is legit??
 
Similar but difference experience. In my county (very rural) for 2-3 years (about 10-ish years ago). They would put up "checkpoint ahead" signs on the interstate. But there was never any checkpoint there. However, I noticed their was a chase car parked on the exit road ready to chase anyone that exited and tried to avoid the "nada checkpoint". I thought that was rather "bold". But over and over I drove thru this "nada check point" and never saw anyone actually up on the interstate trying to flag people down. But occasionally saw the chase car off on the side roads (partially concealed by some trees).
Then it was not there ever again. Probably been 8-9 years since I saw it. Either they got tired of that business or somebody complained ?? But maybe they used logic like above, if you were not from that county and exited there, that was PC to check you ? IDK.
 
Exactly, if I lived in a state where thus went on I would be a regular eye sore with my representatives, no way in Hell does this not violent the 4th ammendment.

I don't have an issue with COs doing their jobs but when they can simply disregard a constitutional right I take offense.

Anybody got any case law references where this is legit??
Click to expand...


It has been in court many times and found legit. The state constitution covers state laws, which is the claim.
 
Badbrass said:
It has been in court many times and found legit. The state constitution covers state laws, which is the claim.
Click to expand...
Has it been to SCOTUS though??

I'm not a lawyer but state law doesn't supercede the constitution and I like to think I did several combat tours for those rights that I will NEVER surrender. It's not about "having something to hide" it's about taking a stand for our rights to me.

Like I said, in the field check away, I appreciate they have a job to do and I'll fully comply but pulling over as I'm driving down the road to surrender my 4th amendment will never happen in this lifetime.
 
I think it is a blatant disregard of the 4th Amendment. I have seen this catch-up to the game wardens starting around 15 years or so ago. The Conservation Agents in Missouri have been held to the same standard as all other law enforcement officers for years now. No more playing fast and loose with the 4th here.
 
Last edited:
GC said:
I think it is a blatant disregard of the 4th Amendment. I have seen this catch-up to the game wardens starting around 15 years or so ago. The Conservation Agents in Missouri have been held to the same standard as all other law enforcement officers for years now. No more playing fast and loose with the 4th here.
Click to expand...
Glad to see you weigh in on this with your profession, couldn't agree more.

People constantly say "game wardens have more authority than anybody" and its total BS. They should be held to the exact same standards as any and all law enforcement agencies. Love it or hate it we have a constitution for a reason and it should be applicable to every state in the union, period.

So to add to this mandatory roadside shakedown, I wonder how they react when they stop you if you invoke your 5th ammendment?? Do they rip you from you vehicle and search your truck??
 
cockrill said:
Similar but difference experience. In my county (very rural) for 2-3 years (about 10-ish years ago). They would put up "checkpoint ahead" signs on the interstate. But there was never any checkpoint there. However, I noticed their was a chase car parked on the exit road ready to chase anyone that exited and tried to avoid the "nada checkpoint". I thought that was rather "bold". But over and over I drove thru this "nada check point" and never saw anyone actually up on the interstate trying to flag people down. But occasionally saw the chase car off on the side roads (partially concealed by some trees).
Then it was not there ever again. Probably been 8-9 years since I saw it. Either they got tired of that business or somebody complained ?? But maybe they used logic like above, if you were not from that county and exited there What is Jenny Mod, that was PC to check you ? IDK.
Click to expand...
Depending on the game, a roadside checkpoint may challenge players with timed missions, vehicle inspections, combat encounters, or resource collection tasks before allowing them to continue.
 
years ago here in PA the game and fish commissions thought they had the right to stop you if they saw a fishing pole, towing a boat or any hunting related item like camo or orange clothing on.

they were proven wrong. IIRC they claimed simply buying a license gave them the authority to do that.

same thing with taxidermy. the game commission raided a taxidermist with no verifiable evidence or probable cause, ruined his reputation and lost a lot of clients trophies due to improper storage, they claimed his taxidermy license gave them the right. they lost in court Showers v. Spangler

no probable cause, no right to pull me over or inspect my vehicle or make me pull over.

cant violate our constitution.
 
Other than while hunting the Federal Refuges I've never seen anything like this here in SC.

Now in the refuges you are subject to get searched by just riding through. I've seen guys get tickets for baiting just because they had a little bit of spilled corn in the bed of their trucks. (In SC you can bait on private land, but not public) This one particular warden would check the trees that you climbed and if there was a limb cut he would write you a ticket. He was a tough one, but he also kept all the rif and nonsense out of the refuge.

What we do have a lot of and a lot of people hate are boat "safety checks". The Wardens will hit your boat before you put in, when you are pulling out, when you are out on the water, etc... They don't care.
 
I have had to stop twice in Wyoming while mule deer hunting. I am like most everyone else in that I want the game laws enforced, but I also want my liberties respected. Government has to be held to account. Otherwise there’s almost always overreach.
 
Back
Top