dtrs5kprs Posted June 17, 2015 Posted June 17, 2015 That is what sickens me. If it is illegal for a Game warden to check you, then why have any regulations? In my eyes these are frivolous lawsuits! You got busted poaching and you don't want to pay the consequences! We have to stop giving power to the criminals! I hope it is a simple fix as you're stating Dave! If they put it on the license that the purchase of this license gives power and authority to game wardens to check you, then can I simply not buy license and therefore I cannot be checked? This could get pretty sticky. And all because poachers want protection! I want protection for the resource! Maybe states need to take the approach of having "inspectors" not officers, as with professional registrations. For example, a state pharmacy inspector in any of the states I have licenses in is authorized to enter a pharmacy and inspect, review, etc., all aspects of the operation and the licensed personnel. Same might work for game and fish, with some tweaking.
fishinwrench Posted June 17, 2015 Posted June 17, 2015 That's kinda like the deal where if you have never ever had a drivers license then you are legal to drive, but once you get one then you will ALWAYS have to have one for the rest of your life or you can't drive. It's true.
Chief Grey Bear Posted June 18, 2015 Posted June 18, 2015 Brit, I hate to say it but a Police Officer just cant stop you for no reason and ask for your Drivers License. My thought is the court may well side with the defense on this as it is pretty much the same thing. You drive a car doesn't mean they have the right to stop and check your license. your fishing doesn't mean they have the right to stop and check your license its the same thing. And a court may well side with the defense. If they do what is the negative (getting checked is not something that goes on a lot anyway) You still have to have a license but it becomes more a secondary violation if you don't have it when they check you for a primary violation just like speeding. States lose no money as you still have to have it to be legal. Both are a privilege, not a right. If I remeber correctly you have been an advocate for more enforcement of game laws. No you say they have no right to check. You will never get one without the other. Chief Grey Bear Living is dangerous to your health Owner Ozark Fishing Expeditions Co-Owner, Chief Executive Product Development Team Jerm Werm Executive Pro Staff Team Agnew Executive Pro Staff Paul Dallas Productions Executive Pro Staff Team Heddon, River Division Chief Primary Consultant Missouri Smallmouth Alliance Executive Vice President Ronnie Moore Outdoors
Chief Grey Bear Posted June 18, 2015 Posted June 18, 2015 Maybe states need to take the approach of having "inspectors" not officers, as with professional registrations. For example, a state pharmacy inspector in any of the states I have licenses in is authorized to enter a pharmacy and inspect, review, etc., all aspects of the operation and the licensed personnel. Same might work for game and fish, with some tweaking. Sounds good to me. They can call them whatever they want. We have too many unscrupulous poachers out there that think they have every right to harvest all the game and destroy the land to suit their wants. We tried that years ago. It didn't work then and it won't now. dtrs5kprs 1 Chief Grey Bear Living is dangerous to your health Owner Ozark Fishing Expeditions Co-Owner, Chief Executive Product Development Team Jerm Werm Executive Pro Staff Team Agnew Executive Pro Staff Paul Dallas Productions Executive Pro Staff Team Heddon, River Division Chief Primary Consultant Missouri Smallmouth Alliance Executive Vice President Ronnie Moore Outdoors
fishinwrench Posted June 18, 2015 Posted June 18, 2015 What happens when you are fishing without a license and refuse to identify yourself ? Or let's say you play deaf-dumb-mute and just pretend to not comprehend what the agent is saying to you....so you just walk away? As an agent what is the standard protocol for that? Shoot you in the back? How authoritatively violent are they prepared to be?
Quillback Posted June 18, 2015 Posted June 18, 2015 According to Federal law, it depends on what the state law says. The Terry rule has developed quite a bit since 1968, but some aspects remain murky. In particular, if the suspect refuses to give his name or any identifiers, may an officer arrest the suspect? According to the Supreme Court, the police may arrest for failure to identify if state law criminalizes such behavior. Doing a little more research I see that Missouri is a state where you could be arrested for failure to provide identity. I think there is more to it than just that, but if a police officer (and I assume wardens are considered law enforcement) has a reason to ask for your identity, and you walk away, then you could be subject to arrest.
Quillback Posted June 18, 2015 Posted June 18, 2015 So don't walk away.... RUN AWAY ! Every time I watch the Cops TV show, the runners always get caught. What's funny is a lot of them are young, athletic looking guys (the runners) and the cops are, for the most part middle aged and maybe not the fastest runners in the world. But they always catch them. Of course I know it's a TV show, and that's not always the case.
Feathers and Fins Posted June 18, 2015 Posted June 18, 2015 Both are a privilege, not a right. If I remeber correctly you have been an advocate for more enforcement of game laws. No you say they have no right to check. You will never get one without the other. No, I support game laws but I am saying the court may well say they cant just stop and ask for ID without cause. And in Arkansas fishing and hunting is now a RIGHT not a privilege and that might be where this case will hinge. Driving is not protected by the constitution but Hunting, Fishing, Trapping is a Protected right. https://www.facebook.com/pages/Beaver-Lake-Arkansas-Fishing-Report/745541178798856
Chief Grey Bear Posted June 18, 2015 Posted June 18, 2015 No, I support game laws but I am saying the court may well say they cant just stop and ask for ID without cause. And in Arkansas fishing and hunting is now a RIGHT not a privilege and that might be where this case will hinge. Driving is not protected by the constitution but Hunting, Fishing, Trapping is a Protected right. So I don't have to purchase a license to fish, hunt or trap there? Chief Grey Bear Living is dangerous to your health Owner Ozark Fishing Expeditions Co-Owner, Chief Executive Product Development Team Jerm Werm Executive Pro Staff Team Agnew Executive Pro Staff Paul Dallas Productions Executive Pro Staff Team Heddon, River Division Chief Primary Consultant Missouri Smallmouth Alliance Executive Vice President Ronnie Moore Outdoors
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