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We have a game warden...former police officer...last few weeks he gets out on Sat night and patrols farm road he lives on for DWIs. He has filed four cases in the last few weeks. Typical report begins: "I was on routine patrol on farm road 1234, when I stopped a vehicle to check for any hunting or fishing violations. When I approached the vehicle, I asked the driver if there were any open containers of alcoholic beverages in the vehicle, etc. etc. So what he is doing is using the expanded authority (as I understand it...maybe I'm wrong?) of a game warden to stop and check for parks and wildlife violations, to investigate someone for DWI. Local cops could not stop driver w/o some suspicion that the driver might be impaired. As much as we need to fight DWI, is this stretching the law? do you guys have game wardens doing this every weekend? any comments? | ||
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Member |
Game wardens appear to generally have the same powers as other peace officers (and therefore the same arrest and search restrictions). Sec. 11.019(b) P & W Code. See also subsection (d). In relation to game law enforcement it appears to me they must have some "reasonable, articulable suspicion" a la Terry to search. Sec. 12.104(a) P & W Code. They do have broader power to enter upon land (i.e. virtually without suspicion) than the average cop. 12.103(a) P & W Code. Stopping just to check for a hunting or fishing license, especially if a pretext or subterfuge, looks pretty fishy to me. | |||
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