A first today-TWRA checking my car

[MickT]

Thanks for looking that up TK. I was too lazy to try to find the TCA citation.

[agelesssone]

Very glad you posted this TK. Might've saved me some embarrassment, time, money.........

[tkwalker]

Originally Posted by agelesssone

Very glad you posted this TK. Might've saved me some embarrassment, time, money.........

FishingTN.com tries to serve the Fishing, Boating and outdoor community ... And thanks to my friend and FTI member in the legal community ... <'TK><

[agelesssone]

And now, if you can just get SAMBOLIE to QUIT PICKIN ON ME!!!

[Pookie]

Not to argue with you, TK, but here is the statute:

70-6-101. Enforcement authority -- Inspection of game -- Penalty for refusing to allow inspection -- Regulations.

(a) The executive director or the officers of the wildlife resources agency, or officers of any other state or of the federal government who are full-time wildlife enforcement personnel designated by the executive director, shall enforce all laws now enacted or that may hereafter be enacted for the propagation and preservation of all wildlife in this state, and shall prosecute all persons, firms and corporations who violate any of such laws. The executive director or officers of the agency shall seize any and all wild animals, wild fowl, wild birds, fishes, frogs and other aquatic animal life, or parts of such wildlife, that have been killed, caught, or taken at a time, in a manner or for a purpose, or that are in possession, or that have been shipped, transported, carried or taken in this state or brought into this state from another state, contrary to the laws of this state.

(b) (1) It is the duty of every person participating in the privileges of taking or possessing such wildlife as permitted by this title to permit the executive director or officers of the agency to ascertain whether the requirements of this title are being faithfully complied with, including the possession of a proper license.

(2) Any person who refuses such inspection and count by any authorized officer of the state, or who interferes with such officer or obstructs such inspection or count commits a Class C misdemeanor, and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00).

(c) Nothing in this section shall be construed to permit search or inspection of a person's dwelling or place of business without a search warrant.

(d) The commission is authorized to provide by duly promulgated regulations a system for issuing warning citations under such conditions as may be deemed proper.

I'm sorry, but it doesn't say a word about vehicle search. Actually, it only reinforces what we have already found common ground on...inspecting license, tackle, creel. The statute specifically exempts personal residences and businesses.

[bd-]

Pookie, that's why you have to read the cases that go along with the statute. The e-mail TK quoted above was from me. I just hadn't had a chance to follow up with the forum at the time he posted it.

The Court upheld the constitutionality of warrantless vehicle searches under the statute in question in Monroe v. State, 253 S.W.2d 734 (Tenn. 1952). I mentioned Monroe in my e-mail that TK quoted. The Hall case is an older case saying the same thing under a prior, similar statute, and there's another case from 1953, Hughes v. State, saying essentially the same thing. They are all pretty old cases but it's still good law.

[tkwalker]

Your probably like myself and dozens of others ... Really don't like it ... But as bd put's it ...It is like the DUI breathalyser test ... You don't have to do it ... But most likely you will pay in the end ...

With this said ... The attorney has stated the law ... And most likely knows who is going to win out in these cases ...

So, info 101 on TWRA Search of Vehicles and Boats has been quoted via by your friendly neighbourhood community service website ... www.Fishingtn.com ...

I think this thread has been thoroughly covered from all angles of right and wrongs ... So you be the judge if you are ever put in this situation ... I agree with Merv ... I think I will save time and money (As long as the Officer is professional ) If not I have other alternatives ...

... <'TK><

[tkwalker]

Originally Posted by MickT

OP did right. The way the law for wildlife works in TN is this- having fishing or hunting gear in plain sight is implied consent to determine if your are in compliance with the law. In some states, it is common practice for wildlife officers to conduct "roadblocks" to assess licenses, bag limits, proper tagging, etc. Someone probably saw his fellow fisherman pass off the fish and assumed they were doing that to be able to keep on fishing. Most WOs will not search to such lengths without a reason to be suspicious. Was it a case of a jealous fisherman? Who knows.

Think about it this way- if the OP had gotten on here complaining about some guy hauling stringers of trout to the car and returning to fishing, how many on here would chastise him for not calling TWRA on the guy?

Mick, you hit it on the nose !! <'TK><

[tkwalker]

Originally Posted by agelesssone

And now, if you can just get SAMBOLIE to QUIT PICKIN ON ME!!!

May take Legal action, But !! ... I'll contact our Legal Authority! ... But Merv.... he may have Legal ground to stand on ??? <'TK>< LOL!! chuckle, chuckle .. I love it ...

[SAMBOLIE]

Originally Posted by agelesssone

And now, if you can just get SAMBOLIE to QUIT PICKIN ON ME!!!

Originally Posted by tkwalker

May take Legal action, But !! ... I'll contact our Legal Authority! ... But Merv.... he may have Legal ground to stand on ??? <'TK>< LOL!! chuckle, chuckle .. I love it ...

TK is right. You are guilty of the punishment.

Merv, we need to be thankful to TK for providing us a place to learn and have our fun. So many great people on here.
This thread is a prime example. We learned a lot and did not have to pay an attorney for legal advice. Thanks bd.
If I did not like you I would not pick on you. You can give as good as you take.

[Hammy]

Just a thought on the law.... if it doesnt exclude it ( the vehicle ) would it be considered included?

Hammy

[gboyce]

I normally do not wade into arguments on forums since it is usually not productive but I felt the need to post on this one. While being checked and search by TWRA can be a PITA and time comsuming what is the issue? If you go back and search thru the forum you will find many times someone asking for TWRA number to report:

Too many fish
Small Fish
The coke bottle fisherman on the tail waters.
Saw one about someone pointing a gun
Vandalizing property in state parks

And I could keep going on. My father was a Chicago policeman his whole life and always told me the only time cops are liked is when they are needed

Again while its a PITA and I sympathize with it, it should be a non issue with everyone on here as we constantly ask for them to do things also

[MNfisher]

Originally Posted by gboyce

I normally do not wade into arguments on forums since it is usually not productive but I felt the need to post on this one. While being checked and search by TWRA can be a PITA and time comsuming what is the issue? If you go back and search thru the forum you will find many times someone asking for TWRA number to report:

Too many fish
Small Fish
The coke bottle fisherman on the tail waters.
Saw one about someone pointing a gun
Vandalizing property in state parks

And I could keep going on. My father was a Chicago policeman his whole life and always told me the only time cops are liked is when they are needed

Again while its a PITA and I sympathize with it, it should be a non issue with everyone on here as we constantly ask for them to do things also

X2!!!! Well said!

[Doc Marshall]

Speaking as an attorney here...

When you fish, you're fishing under a license. A license is very different from a right (such as voting). At common law, a license is freely revocable. It can be taken away for just about any reason. For instance, everyone who possesses a driver's license has given their implied consent to a breathalyzer test on TN roadways. Failure to comply can result in immediate revocation of the license to drive.

A fishing or hunting license is also freely revocable, and all holders are subject to the extra conditions that come with said license (including car/cooler searches).

FYI, a ticket to any movie or event is also a license (and freely revocable). If you had front row seats to Dwight Yoakam at the Ryman and Hayden Panettiere decided she wanted your seat, the Ryman could revoke your ticket (give you your money back), and give the ticket to her.

Are these search provisions "good law"? At the risk of pouring gasoline on a political discussion, I'm personally horrified at the militarization of our police and the constant intrusion of government into my life. That said, most TWRA officers I've encountered are super nice, professional, and simply working to protect the fisheries I love.

[tkwalker]

Originally Posted by Doc Marshall

Speaking as an attorney here...

When you fish, you're fishing under a license. A license is very different from a right (such as voting). At common law, a license is freely revocable. It can be taken away for just about any reason. For instance, everyone who possesses a driver's license has given their implied consent to a breathalyzer test on TN roadways. Failure to comply can result in immediate revocation of the license to drive.

A fishing or hunting license is also freely revocable, and all holders are subject to the extra conditions that come with said license (including car/cooler searches).

FYI, a ticket to any movie or event is also a license (and freely revocable). If you had front row seats to Dwight Yoakam at the Ryman and Hayden Panettiere decided she wanted your seat, the Ryman could revoke your ticket (give you your money back), and give the ticket to her.

Are these search provisions "good law"? At the risk of pouring gasoline on a political discussion, I'm personally horrified at the militarization of our police and the constant intrusion of government into my life. That said, most TWRA officers I've encountered are super nice, professional, and simply working to protect the fisheries I love.

Well Stated Doc ..... <'TK><