Roadside Game Checkpoints???
- Thread starter Kino M
- Start date
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!
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!
Fursniper
Active member
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.
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.
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??
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??
cockrill
Sponsor
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.
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.
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.
GC
Well-known member
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.
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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??