Search & Seizure Without Warrant

Status
Not open for further replies.
Twist it any way you want to with the radiation detector.

I know that they can indeed detect radiation, and if you have said radiation, and they do detect it, without a note similar to a prescription looking documant, they WILL detain you. (I'll let YOU split the hairs of what they can detect or cannot detect.)

I'll leave it to you to call BS on the amount of radiation they can detect. I'm not trained in their equipment, although I know that they HAVE it.

Is a device like a CT or CAT Scan an X-Ray?
confused.gif
I ask this because I indeed know people that have had these that have either 1) Been Detained or 2) Had said note from the Dr.

+++++++++++++++++++++++++++++++++++++++

To address your Search without Warrant Question:

First, they can search any place that is known to hold wild game. Coolers, Refrigerated contraptions, Ice Chests, Wild Game Storage lockers, and the list goes on....

Second, NM G&F DOES conduct roadblocks in which ALL vehicles are stopped. If they even THINK you have been hunting, then they WILL search your vehicle without warrant. They WILL issue citations for tag violations on up to arrests for game violations. That is a fact. Call NM G&F...They gladly tell you about the seasonal practice.

The points I made are not to dispute the 4th Amendment, or the searches made by different agencies that fall into the exception of the 4th. They were simply made to let you know that EXCEPTIONS to the 4th are indeed out there, and being used.... If you don't believe it, or you stick you head in the sand and say "It isn't happening here", or you say "That won't stick in a court of law", well, it may not be, or it may not stick.... But, one thing is certain. It IS going on...
wink.gif


This does indeed translate to what Terry posted about the LA Game Wardens:

Originally Posted By: 220_SwiftI found a little reading that was interesting.

The laws in many U.S. states allow game wardens to conduct certain types of searches with or without search warrants.[/b]Search with or without warrant. The law in Louisiana for instance states in part "...any commissioned wildlife agent may visit, inspect, and examine, with or without [a] search warrant, records, any cold storage plant, warehouse, boat, store, car, conveyance, automobile or other vehicle, airplane or other aircraft, basket or other receptacle, or any place of deposit for wild birds, wild quadrupeds, fish or other aquatic life or any parts thereof whenever there is probable cause to believe that a violation has occurred. Commissioned wildlife agents are authorized to visit or inspect at frequent intervals without the need of search warrants, records, cold storage plants, bait stands, warehouses, public restaurants, public and private markets, stores, and places where wild birds, game quadrupeds, fish, or other aquatic life or any parts therof may be kept and offered for sale, for the purpose of ascertaining whether any laws or regulations under the jurisdiction of the department have been violated...."[3] The laws in other states may grant more or less search and seizure authority. These exceptions granted to game wardens are still considered to fall within the constitutional limits of search and seizure as outlined in the U.S. Constitution.[citation needed]



In cases of places that wild game could be deposited.....Do you have a refrigerator or freezer in your home? I'll leave the legalities of a warden asking someone if they have a refrigerator or freezer on the property that could contain "fruits of the crime", say after the person has been reported by the neighbor to have been seen carrying a deer carcass into the house, then proceeds to be denied access to retrieve the deer. (personally, if it were me, I would stand by and wait & watch the property while I radioed my superviser to wake a judge up and see if there is enough "PC" to get a warrant.) But, hey, I've heard of officers in hot pursuit of a suspect that may be harboring said fruits of the crime in their home that were indeed followed into the house. This happens usually at night while the warden is responding to a case of spotlighting and is following the vehicle without lights until it rolls up to the house.


To address this piece of ridiculous inquiry:


Originally Posted By: NM Leonand anywhere any court has said that warrant-less drive by searches would be legal or admissible in court,
as in a big white truck drives down your street and sniffs out your gunpowder for reloading, or detects how many guns you keep in your home, and how much ammo you have for each gun? What will they use the information for? All perfectly legal. They are indeed "searching" without warrant in those cases, aren't they?

Did I ever say that people could be arrested and charges made to stick with this? Who even mentioned a court would uphold ANYTHING?
confused.gif
I certainly didn't. I didn't even imply it.... But, do you trust Obama or the likes of him with NOT using it? How about Hillary? Think she would you it against you if it fit her agenda?
lol.gif
The US Public didn't want "Heathcare". Where did that get us?

If they have the technology to drive a van by your house and look through it and indeed tell how many guns you possess, or whatever else they wanted to know about what you have in your house, then WHO is going to stop them? The question I raised was not so much about search and seizure proceedures for a petty arrest, but may have more sinster implications all the way around....
With gun control issues at hand and forthcoming with the current administration, or those that follow, WHO WILL STOP THEM from using what technologies they possess to root out YOU as the evil one that possesses a firearm after they have been outlawed? WHO WILL STOP THEM from "Mapping" households when things turn bad? If anyone can't see that we are indeed rapidly turning into a "police state" that already uses some "Gestapo tactics" on thier own citizens then you are naive beyond belief...

Some countries are ALREADY there.... England, Australia to name a couple.

Might want to read what THIS chap has to say about THAT. He was secure in his belief that he had followed the law to the fullest extent. I've known the guy for several years and know he's just an outdoorsman like US that are HERE... http://www.thehunterslife.com/forums/showthread.php?t=15515

As you read that thread, tell me that things he mentions don't sound familiar to incidents that have happed HERE in the US. More particularly the part where his LEGAL reloading components were considered "contraband", and treated like a gallon of nitroglycerin.

All of us had better vote wisely. All of us had better join the NRA. For those of you that think that this can't happen here, then YOU'D better pay twice....

Leon, if you can't color within the lines in polite fashion here, then please save your rude comments for the Church, and those that will put up with it there. This is my thread. I started it, and if it can't remain civil it will indeed turn the direction that last thread did, and I have already asked for moderation Before I started this thread to insure that it will be removed if it in fact does turn that direction. Your interjecting your interpretation of what I stated or didn't state comes across as rude, condescending and combative. I didn't post this to split hairs with you on amounts of radiation, and I didn't say that arrests have happened from technologies available to our govt. I simply stated that said technology does in fact exist.... The same way that I presented that exceptions to the 4th Amendment exist.
If you in particular can't abstain from the type of reply you are making in this thread, then I would request that it be removed, or at the very least locked.



 
Right now obama and his buddies are after tactical shotguns. Trying to outlaw them. What makes a tactical shotgun tactical? Semi-auto, ex mag tube, pump, fiber optic sites, camo, bore of more than 1/2"?? Makes me nevous when someone with no idea of firearms start making laws about them.
 
about the radiation detection at boader stops, in the past 2 1/2 years i have been detained by the boarder patrol in az. 3 times all times were in between yuma and gila bend the first time was 8 months after a MRI with contrast dye injection had to wait until they confirmed that this had been done to me 3 hrs. the second time was just 1 month after the same type test.got a note from dr and hospital no problem . now the last time i had a test with nuclar contrast 2 weeks later stoped at same boarder stop and was detained for 4 hrs. they could not get within 10 feet of me without there meters going off.would not let me out of my truck until the brought a different type of detector from yuma to recalibrate there meters a real pain in the [beeep]. i am returning there in 1 week after having the same test 4 days ago ,now i have a note from dr. and hospital will post results later
 
No 4th admen here either.

--------------------------------------------------------------------------------


Welcome to Shreveport: Your rights are now suspended.
According to Cedric Glover, mayor of Shreveport, Louisiana, his cops "have a power that [. . .] the President of these Unites States does not have": His cops can take away your rights.

And would you like to guess which rights he has in mind?

Just ask Shreveport resident Robert Baillio, who got pulled over for having two pro-gun bumper stickers on the back of his truck -- and had his gun confiscated.

While the officer who pulled him over says Baillio failed to use his turn signal, the only questions he had for Baillio concerned guns: Whether he had a gun, where the gun was, and if he was a member of a pro-gun organization.

No requests for a driver's licence, proof of insurance, or vehicle registration -- and no discussion of a turn signal.

Accordingly, Baillio told the officer the truth, which led the police officer to search his car without permission and confiscate his gun.

However, not only does Louisiana law allow residents to drive with loaded weapons in their vehicles, but Mr. Baillio possessed a concealed carry license!

What does such behavior demonstrate, other than transparent political profiling -- going so far as to use the infamous Department of Homeland Security report on "Americans of a rightwing persuasion" as a how-to guidebook, no less?

Mr. Baillio made no secret of his political affiliations: An American flag centers a wide flourish of pro-freedom stickers and decals on his back windshield.

In fact, when Baillio asked the officer if everyone he pulls over gets the same treatment, the officer said no and pointed to the back of his truck.

Baillio phoned Mayor Glover to complain about this "suspension of rights" only to find that his city's morbidly obese "commander in chief" was elated at the story: According to Glover, Baillio got "served well, protected well, and even got a consideration that maybe [he] should not have gotten
 
Have also read that the dept of homeland sec. is saying anyone with pro gun stickers to be watched and considered demestic terroist. It was in a email I got from a senator. I an tring to find it so I can post it.


Sorry I ment demestic extremist.
 
Last edited:
Seems to be gettin a little warm in here...

When dealing with the Law, there are written rules governing those laws and their enforcement. Within those laws are "elements of proof".

In other words, if a person is to be cited or arrested for a crime, and then successfully prosecuted, the elements of proof must be met in order to prosecute that person.

There are also extinuating & mitigating circumstances as well.

A warrant is not a "requirement" in order for a search to be conducted.

If, for example, a person is pulled over for speeding and when the LEO approaches the vehicle, he smells alcohol, the officer then has "reasonable suspicion" & "probable cause" to suspect that this person is driving under the influence of an intoxicating substance, and will proceed to administer a field sobriety test ect.

If in the process he notices a "partially smoked, handrolled cigarette containing a greenish brown leafy substance which he suspects to be marihuana", then the vehicle can be seached under the "plain view doctrine".

Plain view doctrine

In the context of searches and seizures, the principle that provides that objects perceptible by an officer who is rightfully in a position to observe them can be seized without a SEARCH WARRANT and are admissible as evidence.

The U.S. Supreme Court has developed and refined the plain view doctrine over time. In Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971), the Court ruled that the seizure of two automobiles in plain view during the arrest of the defendant, along with later findings of gunpowder, did not violate the defendant's FOURTH AMENDMENT rights (protection against unreasonable SEARCH AND SEIZURE).

The Court also has drawn distinctions between searches and seizures in applying the plain view doctrine. In Arizona v. Hicks, 480 U.S. 321, 197 S.Ct. 1149, 94 L.Ed.2d 347 (1987), the Court held that no seizure occurred when a police officer called to the scene of a shooting incident recorded serial numbers of stereo equipment he observed in plain view, and which he believed had been stolen. Nevertheless, the officer's actions in moving the equipment to find the serial numbers constituted a search; the officer had a "reasonable suspicion" that the equipment had been stolen, but it was not supported by PROBABLE CAUSE.

So in some cases, a "Warrant" is certainly not required for a search, but there must be reasonable suspicion supported by probable cause.

If, after establishing both, the officer is then allowed to seach anyplace within that particuler vehicle that would be capable of concealing an item as small as the aforementioned "joint". If, while searching the vehicle, the officer runs into more evidence of illegal activity, anything he finds during that search can be used against the indiviual he stopped.

I realize that this sort of "debate" can go on for days, but YES, Officers CAN conduct searches without warrants, HOWEVER; all of the elements regarding "REASONABLE SUSPISION & PROBABLE CAUSE" had better have been met or that LEO could face some pretty serious consequences.

I FIRMLY believe that MOST LEO's do their very best to follow the rules of law as they have been written. Some may take a few liberties, but you've got those types of folks in every bunch.

Let's knock off the sarcasm and name calling in this thread and concentrate on the subject at hand please.
 
Barry,
why are game wardens in New Mexico allowed exceptions to Constitutional search and seizure guidelines, while game wardens in KY are not allowed these same exceptions?
 
Every state has it's own set of laws and guidelines and some states go a diff way than the fed gov on some things. Look at califoria with it's legal pot. Feds say no, cal says yes.

I myself have been pulled over in Mn for just wearing camo during hunting season by the warden. He was pretty insistant about looking through my truck and you know what I let him. Figured it was better than waiting for the roll back to show up and take it to the Dnr headqaurters and watch them tear everything out of it.

Just remember when you say no you can't look in my truck, to them it means I'm hiding something.
 
Last edited:
Originally Posted By: frozenbuttJust remember when you say no you can't look in my truck, to them it means I'm hiding something.

I would respectfully disagree. Saying "No" means that you are invoking your rights to unreasonable Searches & Siezures. You must remember, it is always easier for a LEO to ask your permission than to go through the process of obtaining a warrant.

Saying no does not mean you are guilty of anything. Chances are, when you say "no", they'll thank you and let you on your way.

You'd be suprised just how many people say yes, and that sir is what they are hoping for.
 
Originally Posted By: Jeff MockYou'd be suprised just how many people say yes, and that sir is what they are hoping for.



And at that exact instant, you go from a citizen to a subject.
 
Last edited:
Man I got to move to Az. In Mn you say no to any LEO you will be waiting for a dog to show up or for the judge to sign a warrant so they can go through it at their shop. I have a few friends that thought the same way. To me it's not worth the hassel.

I'm all for invoking my rights but there is a time and place for it. I like the multiple times I have been pulled over for what I call after dark driving. In reality I was coming home from night hunting yotes. I have had 3 breath tests and my vehical matched the desription of one in a crime twice. In Mn it has gotten to the point where they can just pull you over because you are there. Is it right? NO! But what can you do. If they want to search you and your truck they will find a way. Like I got anything to hide anyway.
 
Last edited:
Originally Posted By: fw707Barry,
why are game wardens in New Mexico allowed exceptions to Constitutional search and seizure guidelines, while game wardens in KY are not allowed these same exceptions?

Jeff, each state has it's own rules that they follow. Each state has it's own policies concerning what THAT state's courts will uphold. Each Game Dept. has it's own policy as it relates to search & seizure.

Again Jeff, Look HERE: http://nationalparalegal.edu/conLawCrimP...oWarrantReq.asp on that webpage you will see the proven EXCEPTIONS to the 4th amendment that apply NATIONWIDE, throughout the United States. I can guarantee you with certainty that the officers in your state DO use these exceptions to the 4th Amendment.
wink.gif


The discussion about what Game Dept. has what policies can go on forever, and will vary FIFTY different ways. Each has their own policy as interpreted by the courts of the individual state. But, all without exception should follow the 4th amendment and the exceptions thereof that I posted in the link above.

One thing that I have noticed is that people, (not just here on PM) tend to dismiss something they hear about in another state, or call BS on it because it may not happen that way where THEY live, or may have have happened to THEM personally.....I think the policy of saying something is untrue because you don't have it where you live, or you have not heard of it before is a bad practice. Learn to be a little more trusting of what people are telling you have happened to THEM in their location, with their personal experiences. It's not always the black and white page our Jr, High teacher told us it was.... The people that relate these accounts are more than likely telling the truth. It may not be the truth that YOU have experienced, but it's the truth non the less as THEY have experienced it. Just because it hasn't happened to you, don't be so quick to say that it DOESN'T happen....

If we want to start holding toes to the fire about following the constitution, lets start with the POTUS, and follow suit with Congress & the Senate.
thumbup1.gif


My political beliefs are different than they used to be....Where I used to be a "Republican", I no longer consider myself as such. I'm very PROUDLY now a "Constitutionalist", and my vote gets cast for whom I believe will best serve the U.S. Constitution.....No matter their polital affiliation.
 
Originally Posted By: fw707Originally Posted By: Jeff MockYou'd be suprised just how many people say yes, and that sir is what they are hoping for.



And at that exact instant, you go from a citizen to a subject.

I also disaree with this, Jeff.

Many times in my LEO career I used a "Consent to Search" form. It was for cases that the party was willing to have his vehicle or home searched by police without warrant.

Many times it ended up with the person that signed to consent form going to jail.
wink.gif


When given the choice, if they said "No"... then the burden of proof is on the officer to provide enough convincing probable cause to a judge to secure a search warrant.

It has nothing to with the person being a "citizen or a subject". It has ALL to do with the person being a SUSPECT. The person has all the latitude in the world to make his own decision about whether to allow police to search or not. If they search on his consent and they don't find anything, then he made his point. If he refuses, and the police get warrant with proper probable cause, and he goes to jail for having contraband anyway, then it seems the cops were right about him.

Personally, I would refuse a "Consent to Search" in a heartbeat, and make them show thier cards to a judge if they wanted to search my vehicle or residence. But, that's just me....
cool.gif
 
Don't think Mn has a consent to search form at least I have never seen one.

Yes I have had my car searched many times. The hazzards of going out with a cops sister. I was 16 and she was 15 and he didn't approve. For a month strait it was a daily thing. Most times a block or two from her house after I dropped her off. Heck one day it was 3 times within a hour and a half. You can see why it was only a month. lol
 
Last edited:
Please don't misunderstand. If I was asked by an officer to search my vehicle, I would have no problem consenting. It is every citizens decision as to whether or not they will or will not give their consent.

I would have no issues giving my consent, but that's just me.

If; however, someone refuse to give their consent, that is certainly within their rights. The Officer is also within his rights to detain that person until such time as a warrant can be issued. If the officer really feels strongly that a crime has indeed occurred, he will call for that warrant, but if not, more than likely he'll send that person on their way.

I am 110% behind our LEO's, and would never give one of them a hard time, but if I feel that I am being harassed, then I have the right to invoke my rights.

On another note...IF a person gives their consent to being searched, that person HAS THE RIGHT to WITHDRAW their consent AT ANY TIME DURING THE SEARCH.

Again, if the officer feels strongly enough, he can detain that person and obtain a warrant, or simply let them on their way, but the person who has given their consent CAN WITHDRAW their consent at any time.
 
Most problems start with the individual with a chip on his shoulder. For the LEO it means, "If you whizz on my parade I will whizz on yours".

A good attitude goes a long way, and it is a 2 way street. Sure there are LEO's that should be in another line of work, but then there are also people that are the proverbial rear end of a any animal, including themselves.
 
Originally Posted By: rockinbbarIt has nothing to with the person being a "citizen or a subject".

Barry, if an innocent person consents to a search because they feel intimated, coerced, or threatened by the police, they've given up a big chunk of their rights as a citizen.
No innocent person should ever fear the government.
 
Originally Posted By: fw707No innocent person should ever fear the government.

It will only happen in a perfect world.
 
Originally Posted By: fw707Originally Posted By: rockinbbarIt has nothing to with the person being a "citizen or a subject".

Barry, if an innocent person consents to a search because they feel intimated, coerced, or threatened by the police, they've given up a big chunk of their rights as a citizen.
No innocent person should ever fear the government.

Jeff, I fear the government with every breath I take. It's getting worse as time marches on....

Every law they pass, or every lawsuit that is filed takes that much more freedom from all of us.

I'd rather be given the choice of signing a search consent that be TOLD that it will be searched.
wink.gif
 
Status
Not open for further replies.
Back
Top