Bl rant

[all star rod]

This thread is getting more pathetic then the GED = Engineer one.

[Goooh]

Maybe 52% of the time when checks are done on ice chests in boats with popping corks, tiller handles and a fat dip in the lip, they find illegal fish.

There's your probable cause.

What's anyone doing here besides complaining while standing on a hill with a powdered wig and the constitution under their arm? Nothing...

[Goooh]

Originally Posted by MathGeek

The 4th amendment requires probable cause for a specific violation.

It does not say that.

And all I am doing is proving how grey probable cause is, and how easy it is for everyone to interpret it differently.

[all star rod]

Originally Posted by MathGeek

How do violations like alcohol and safety devices provide probable cause for an involuntary search of the ice chest/live well?

The 4th amendment requires probable cause for a specific violation. How does a safety violation provide probable cause to check for too many or undersize fish?

Fishing and hunting is not a right....it is a privilege...if you do not like the rules / laws very simple don't go. I tell you what the next time a GW ask to look in your ice chest tell him or her NO...I bet you will be in for a very long and bad day.

[MathGeek]

Originally Posted by all star rod

Fishing and hunting is not a right....it is a privilege...if you do not like the rules / laws very simple don't go. I tell you what the next time a GW ask to look in your ice chest tell him or her NO...I bet you will be in for a very long and bad day.

The Bill of Rights is not surrendered anytime a citizen participates in a privilege.

Most good attorneys will advise to never consent to a voluntary search, and I follow that advice. Of course, they also advise not to attempt to prevent a law enforcement officer from conducting a search, even if it appears to be illegal, and I follow that advice too.

I won't be opening the ice chest for them, but I won't prevent them from boarding the boat and opening it themselves if they feel they must. But I'll politely make it clear that I have not consented to the search.

I know some very good lawyers who would love to sue law enforcement who feels intent on taking retributive actions for the above approach.

Taking retributive actions against a citizen (giving him a "very long bad day") who politely declines a search request is a good way to end a law enforcement career and make the agency responsible for awards in the 6-7 figure range.

[BuckingFastard]

Originally Posted by MathGeek

Most good attorneys will advise to never consent to a voluntary search, and I follow that advice. Of course, they also advise not to attempt to prevent a law enforcement officer from conducting a search, even if it appears to be illegal, and I follow that advice to.

I won't be opening the ice chest for them, but I won't prevent them from boarding the boat and opening it themselves if they feel they must. But I'll politely make it clear that I have not consented to the search.

I know some very good lawyers who would love to sue law enforcement who feels intent on taking retributive actions for the above approach.

Taking retributive actions against a citizen (giving him a "very long bad day") who politely declines a search request is a good way to end a law enforcement career and make the agency responsible for awards in the 6-7 figure range.

thats right.

[T-TOP]

Originally Posted by all star rod

Fishing and hunting is not a right....it is a privilege...if you do not like the rules / laws very simple don't go. I tell you what the next time a GW ask to look in your ice chest tell him or her NO...I bet you will be in for a very long and bad day.

since when???? where do you live... Iraq???

[all star rod]

Originally Posted by MathGeek

The Bill of Rights is not surrendered anytime a citizen participates in a privilege.

Most good attorneys will advise to never consent to a voluntary search, and I follow that advice. Of course, they also advise not to attempt to prevent a law enforcement officer from conducting a search, even if it appears to be illegal, and I follow that advice too.

I won't be opening the ice chest for them, but I won't prevent them from boarding the boat and opening it themselves if they feel they must. But I'll politely make it clear that I have not consented to the search.

I know some very good lawyers who would love to sue law enforcement who feels intent on taking retributive actions for the above approach.

Taking retributive actions against a citizen (giving him a "very long bad day") who politely declines a search request is a good way to end a law enforcement career and make the agency responsible for awards in the 6-7 figure range.

But yet you are not going to stop them from looking in your ice chest....all this big talk for nothing....PFTTT.....

that is what is wrong with America...I can see it now on Fox New..LC man hires the cockran law firm for having his ice chest checked by the GW...

[BassYakR]

Since when is fishing a privilege?

[all star rod]

Originally Posted by T-TOP

since when???? where do you live... Iraq???

So if you break the game laws a judge cannot revoke your hunting or fishing privilege?

[all star rod]

Originally Posted by BassYakR

Since when is fishing a privilege?

It is, since you have rules you have to follow? For example, being allowed drive a car is not a RIGHT either..

[T-TOP]

Hunting and fishing is my right. It is not a privilege. Breaking the law can prevent you from being able to do a lot of things in life. But you still can't say fishing and hunting is a privilege, makes you sound as left wing liberal as the people you were just talking about.


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[MathGeek]

Originally Posted by all star rod

that is what is wrong with America...I can see it now on Fox New..LC man hires the cockran law firm for having his ice chest checked by the GW...

For being a PhD Engineer, you sure aren't very good on the details. Or are you intentionally misrepresenting what was written?

Can you grasp the difference between filing a suit because a game warden looked into one's ice chest and filing a suit because a game warden took retributive actions (giving a citizen a "very long bad day") for politely declining a request for a voluntary search?

I doubt I would sue simply because a GW boarded the boat and looked in the ice chest. Lawsuits are expensive, and it's unlikely one could find decent attorneys to take that one on contingency, and success in the effort could go either way depending on details.

But very good attorneys line up for cases where law enforcement took retributive actions when citizens did nothing more than politely decline a request for a voluntary search. I'd have to pay no money up front, show up for a couple of depositions, cash a 6-7 figure settlement check, and sleep better knowing that most agencies will now be slower to attempt retribution against honest citizens who politely assert their Constitutional rights.

[T-TOP]

Originally Posted by all star rod

It is, since you have rules you have to follow? For example, being allowed drive a car is not a RIGHT either..

Then living in your house in Baton Rouge, or breathing every day are privileges too? Because if you break certain laws that will be taken from you too. Every single thing you do would be considered a privilege, looking at it that way.


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[BassYakR]

Originally Posted by all star rod

Fishing and hunting is not a right....it is a privilege...if you do not like the rules / laws very simple don't go. I tell you what the next time a GW ask to look in your ice chest tell him or her NO...I bet you will be in for a very long and bad day.

Dumbest thing you have ever said!

[Clampy]

Watch "Ernie Tertelgte Is The Natural Living Man" on YouTube
Ernie Tertelgte Is The Natural Living Man: http://youtu.be/zuy_2Cq8HAA

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[MathGeek]

Hunting and fishing are Constitutionally protected rights in Louisiana, subject to law and regulation:

The freedom to hunt, fish, and trap wildlife, including all aquatic life, traditionally taken by hunters, trappers and anglers, is a valued natural heritage that shall be forever preserved for the people. Hunting, fishing and trapping shall be managed by law and regulation consistent with Article IX, Section I of the Constitution of Louisiana to protect, conserve and replenish the natural resources of the state. The provisions of this Section shall not alter the burden of proof requirements otherwise established by law for any challenge to a law or regulation pertaining to hunting, fishing or trapping the wildlife of the state, including all aquatic life. Nothing contained herein shall be construed to authorize the use of private property to hunt, fish, or trap without the consent of the owner of the property.
(Louisiana State Constitution)

The laws of Louisiana require game wardens to have probable cause:

The secretary, the deputy secretary, or any commissioned wildlife enforcement agent of the enforcement division may visit, inspect, and examine, with or without 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.

[all star rod]

Originally Posted by T-TOP

Hunting and fishing is my right. It is not a privilege. Breaking the law can prevent you from being able to do a lot of things in life. But you still can't say fishing and hunting is a privilege, makes you sound as left wing liberal as the people you were just talking about.


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No i am not a liberal. But by your thinking i guess a person with 5 dui's has the right to drive if they want to. So hell lets just do away with all laws....and lets do whatever we want since we have the "right".

All I am saying is if we do thing like hunt or fish we are subject to things like getting checked and following rules. Hey do I like all the rules and such...no I do not.

Hey look next time you are fishing and a gw wants to check you tell them it is your right to fish and crank up you boat and leave and see what happens.

[T-TOP]

Originally Posted by all star rod

No i am not a liberal. But by your thinking i guess a person with 5 dui's has the right to drive if they want to. So hell lets just do away with all laws....and lets do whatever we want since we have the "right".

All I am saying is if we do thing like hunt or fish we are subject to things like getting checked and following rules. Hey do I like all the rules and such...no I do not.

Hey look next time you are fishing and a gw wants to check you tell them it is your right to fish and crank up you boat and leave and see what happens.

I agree, but you need to retract the one word "privilege" from your earlier statement.....

[all star rod]

So next time yall are checked by a GW, let me guess...yall will tell he or she it is your right to fish so I will do whatever I want.....lol.....wow we got some internet tough guys on here today.