Legal warrantless search and seizure.

[Green Cross]

If it is not against the law for the warden to be there, then it was not a unlawful trespass. You can't shoot a law enforcement official for doing his job.

He's not even Law Enforcement he's a squirrel pig, and a not too bright one at that. Many folks would shoot and ask questions later.

 

[what... huh?]

A couple of things to chew on...


Logically, if you are an old codger who believes that law enforcement cannot be on your property nosing around without a warrant... and you are prepared to defend yourself and property... and when challenged, the officer retreats and you are following him off of your land... are you then going to just get a craw in your shorts and fucking shoot a cop?

Bullshit. That game warden murdered that dude. His life was not in danger by complying with the land owner.

What constitutes "turkey bait"? Baiting is illegal, you can't buy "turkey bait" at the tackle shop. Is bread turkey bait? Because they didn't mention what the bait was... only that it was also found at his home... after he was murdered.

Anybody care to guess the punishment for baiting? 100 dollar fine.

A man is dead. That is why we have courts... to flesh out the details and determine probable cause... and manslaughter. This man saw no court.


Fuck that.

 

[hanimmal]

Then why didn't he kill the son in law too?

I would err on the side of the officer here. There was a investigation btw, it is in that link.

I stand by it, you cannot point a gun at a cop and not expect to get yourself shot. It does not work that way.

 

[what... huh?]

Except at Ruby Ridge... where they were innocent.


The investigation was done by the guy who appointed the position.

 

[what... huh?]

Son in law was not there... he was still in his tree stand, up the mountain.

"Minton initially encountered Larry Dean Helton, Coffey's son-in-law, in a tree stand at one location of Coffey's property. According to statements from Minton, he then proceeded down the mountain on foot to a second tree stand where Coffey was hunting."

 

[hanimmal]

Yeah that was an guess on my part. If I was out hunting with my dad and a cop showed up I would escort him to my dad. And I really would not think that a cop would like the idea of someone with a gun left behind me.

But you are right I just guessed there.

It is sad that this guy died, and there are lots of bad cops out there, so it is possible that this was a murder. But nothing in that article you linked leads me to believe that this was the case. That doesn't mean it is not possible, just nothing there shows that it was.

 

[what... huh?]

That is why we have courts.


Why would an officer believe his life was in emminent danger while complying with an order to leave?

Why would you shoot a cop who was leaving?

Reeks.

 

[hanimmal]

That is why we have courts.


Why would an officer believe his life was in emminent danger while complying with an order to leave?

Why would you shoot a cop who was leaving?

Reeks.

The warden was investigated and found not to be at fault.


If someone has a shotgun pointed at me and walking towards me while I am retreating, that is good reason to think that my life is in danger.

I don't underestimate crazy, just look at the dude in your avatar for proof of that.

Actually I would most be interested in hearing directly from the son in law on what he saw or thought happened.

 

[Ne0.]

WV

34. Examine, without a warrant as provided by law, any vehicle, creel, land or water conveyance, fish box, cooler, game bag or any other place where evidence of a crime may be hidden or transported whenever there is reason to believe that a violation of state law has been committed.


I am going to research every state... but they are all reading the same.

FL No warrant, check

TX? TEXAS? LEO can just roll up on your property and search it without a warrant.

NC?

Wildlife Officer Who Killed Hunter Won't Face Prosecution

"Minton initially encountered Larry Dean Helton, Coffey's son-in-law, in a tree stand at one location of Coffey's property. According to statements from Minton, he then proceeded down the mountain on foot to a second tree stand where Coffey was hunting.

Minton said he identified himself as a game warden, but had difficulty getting Coffey's attention. Eventually, Coffey stood up and demanded Minton leave his property.

The officer said Coffey continued to disobey commands, causing Minton to radio for assistance to other officers who were several miles away. Before they arrived, Coffey came down from the tree stand with his gun in his hand, despite Minton's request for him to leave the weapon in the tree stand.

According to Minton, Coffey advanced toward the officer with his weapon in a "low ready" position and pointed it directly at the officer. Minton retreated up the hill, with Coffey following.

When Minton thought Coffey was going to shoot, he drew his commission-issued weapon and fired one round, hitting the hunter in the chest. Minton then radioed for help and attempted CPR on Coffey."


Huh?

I've searched and searched and search, and still cannot find this, most laws that I have found however, specifically limit gamewardens from entering dwellings without obtaining an actual warrant.

Can you provide a link to where you obtained this information. Also the Louisianna law does not specifically mention private residences or dwellings in the listing of authorized warrantless searches. The context of the Lousiana law does not imply authority to enter private residences.

 

[redivider]

i found this online, it's a guy breaking down the law. this is for texas game wardens:

The warden need not have RS or PC to believe the person is violating the law before conducting an inspection. The statute specifically excludes residences and temporary residences from its reach, as well as vehicles on public roadways.

it says that they can search receptacles that are commonly used for concealing wild life.

vehicles on public roadways, and residences etc. are subject to the same search and seizure provisions of the constitution...

the code was adopted in 2003...

according to this guy....

 

[Ne0.]

i found this online, it's a guy breaking down the law. this is for texas game wardens:

The warden need not have RS or PC to believe the person is violating the law before conducting an inspection. The statute specifically excludes residences and temporary residences from its reach, as well as vehicles on public roadways.

it says that they can search receptacles that are commonly used for concealing wild life.

vehicles on public roadways, and residences etc. are subject to the same search and seizure provisions of the constitution...

the code was adopted in 2003...

according to this guy....

Yeah, I've been trying to go through law books that specifically spell out game warden powers, most state laws do limit their warrantless search powers. Texas is one state that prohibits them from public road ways and dwellings, and I've found some other states with similar laws but the exclusion of residence searches were made in different parts of the statute. Also, there are states that specifically prohibit a game warden from waiting to search you until you get home, in other words, they better search you then and there or call in for a warrant.

I'm assuming from the quote provided by the OP that WV was abreviation for West Virginia, but I was unable to find West Virginia's game warden statutes.

 

[Iron Lion Zion]

Texas is one state that prohibits them from public road ways and dwellings

The land of shooting shit.

 

[Ne0.]

The land of shooting shit.

Still waiting on links if anyone knows them.