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Unread 04-13-2012, 07:55 AM   #1
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Steve’s comments are sound. For years many duck hunters would shoot lead and chance not getting caught. If they did their logic was that the cost of good non-toxic for a few years of shooting would be much more than a fine for getting caught with lead shot. It looks like the Fed’s finally figured that out and are now confiscating the tools of the crime.

Maybe one of our attorneys could comment of this. I understand that game law allows a warden to enter one’s premises without a warrant should he (she) have probably cause. That gives our game wardens the broadest powers of any law enforcement personnel. Well, maybe the Patriot act allows some 3-letter agencies more but hopefully we don’t have to worry about those issues…

Mark
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Unread 04-13-2012, 08:57 AM   #2
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Quote:
Originally Posted by Mark Ouellette View Post
Maybe one of our attorneys could comment of this. I understand that game law allows a warden to enter one’s premises without a warrant should he (she) have probably cause.
Mark
i am no lawyer, but probable cause - referrenced in the 4th amendment - is the basis for all searches ad arrests, I doubt that differers for game wardens. To enter without a warrent requires a high level of belief that a crime is being commited at that moment or someone is in immediate danger.

Game wardens are for the most part over worked, unfortunately to the point of little effectiveness. my three interactions with both state and fed have been in reporting violations - three times, not once did they react - even though the violation was still occurring near by. I have never been check for license or loads and I have been at this for awhile.

I will admit the assumption of guilt is annoying, if I carry buckshot to protect my dogs against coyotes, I am illegally deer hunting.

Non Tox is the law (and for waterfowl I think it does make sense)- if I expected to find ducks on a grouse hunt - then its non tox for grouse. If I only have lead, the ducks are safe.

so avoiding confiscation of your gear is not too diificult, assuming honest enforcement.

if I were to complain - it would be the cost of non tox shells, i sometimes wonder if it can always be justified, sorta like gas - got have it - gonna pay for it.
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