A first today-TWRA checking my car

[tcintn]

Today I met a young man who had asked if I would meet him and help him with T M's. I met him and we caught a lot of fish plus the young man caught one of those big ones they stock on Bison T M twitching.
TWRA checked my license and all was okay.About an hour later he was back and we were talking and all of a sudden he informed me that he was back because someone had called in and told them that I was catching fish and taking to my car and then going back and catching more and doing the same and also giving to others. So he told me he wanted me to take me to my car and open it and back up.He went through everything along with spare tire area and nothing there.I tried to explain to him that I was in my wife's car and she would kill me if I put a fish in her car.Also,i was a catch-and -release fisherman.He then went to the young man I brought and started asking him questions about fish I could have put in car.This was after searching my car.Then he started asking other folks there who might have seen me doing something wrong. The young man I was with did give his big fish to this other person who was so excited to get because he was wanting to get enough trout for a good supper for his family.
Well all ended well because we caught plenty of fish and put them back for others to catch and it was a great day to be with a great young man who was so excited about his big Rainbow he caught.

[Jdkxtreme]

I'm pretty sure I would have made him jump thru some hoops to get into my car

[jad2t]

That's ridiculous. I doubt he had the legal authority to do that from just a phone call, who knows if that phone call ever actually happened. Glad he eventually stopped harassing you and went on his way. I haven't fished the Caney since August now that I'm no longer living in Cookeville, I miss it!

[Tnriverluver]

Sounds like the Warden was the only one that was fishing and not catching

[Pookie]

Originally Posted by tcintn

So he told me he wanted me to take me to my car and open it and back up.

Know your rights!

You had the right to refuse. Regardless of what you have heard all your life about a game warden being able to search without a warrant, TWRA doesn't trump the constitution. He has the authority to inspect your license, tackle and firearms for compliance. Past that, your 4th Amendment Right concerning search and seizure and your 5th Amendment Right to remain silent are unaffected.

[Pookie]

Originally Posted by jad2t

That's ridiculous. I doubt he had the legal authority to do that from just a phone call

He had the best authority he could have had...tcintn complied with his request voluntarily.

[txnative]

Tcintn, kudos for complying. I know several police officers personally and a few TWRA agents, and having to search someone or their vehicle is in no way a good time for them. Dealing with the "who do you think you are ?" And "I know my rights" arguments makes the situation worse. Lets be honest, they are doing their JOB. How many of us have seen people blatantly violating the creel limits and wondered why the TWRA wasn't there to stop it ? It's 100% hypocritical to criticize them for investigating a complaint just because YOU are the alleged suspect. I applaud you, Tcintn, for letting the field agent search your car.


Chris Bryant

[Pookie]

Originally Posted by txnative

Tcintn, kudos for complying. I know several police officers personally and a few TWRA agents, and having to search someone or their vehicle is in no way a good time for them. Dealing with the "who do you think you are ?" And "I know my rights" arguments makes the situation worse. Lets be honest, they are doing their JOB. How many of us have seen people blatantly violating the creel limits and wondered why the TWRA wasn't there to stop it ? It's 100% hypocritical to criticize them for investigating a complaint just because YOU are the alleged suspect. I applaud you, Tcintn, for letting the field agent search your car.


Chris Bryant

You can lay down and take it all you want. I refuse.

I don't think anyone here has a problem with a wildlife officer or a police officer "doing their job". However, it's not my job to assist them in gathering evidence against me. I have 20+ years LE experience and am pro law-enforcement, but I happen to be even more pro Constitution.

[TomD]

What are his options if you refuse to submit to his search demands? (legal options).

Removing my rant.

Its a fishing site not a hate the overreach site.. sorry but Im with Pookie.

[txnative]

Pookie,

I have not and will not feel like I am "assisting them to gather evidence against me" for the simple fact that there has not and will not be any evidence in the first place. I pride myself in being a law-abiding citizen. The Constitution does give me rights, and I appreciate them, but it is a far wiser choice to act in such a way as to never require my Constitutional rights to be necessary to protect myself from legal trouble. Tcintn had nothing to hide, and proved it by willingly submitting to a search of both his person and property. The biggest takeaway from his encounter was that he was doing the right thing legally to begin with, and THAT is something worthy of praise.


Chris Bryant

[Alphahawk]

He was doing the right thing. I am not conversant with every TWRA law...I do know however they have much broader reach than a city police or sheriffs office. It has been this way for many, many years. I have complied to this request on several occasions over the past 50 or so years. It took all of about 30 minutes at the most out of my time and I went on with what I was doing. I guess I could have said no and then spent the next several hours...or more....waiting on what comes next....whatever that would have been. tcintn was just relaying his experience and txnative was just commenting on it...without any disparaging remarks. To say someone is "laying down"......is that really called for on here? TWRA has a hard enough time as it is and while we all run into the occasional "Barney Fife" that is no reason to refer to him as a "TWRA jerk".




Regards

[Travis C.]

I dont understand how its over reach?

He did his job with just cause and it was complied with like it should have been because there was nothing to hide. If someone contacted TWRAs poaching hotline and watched the agent arrive to thier call would that not be expected. A complaint would be made if they didn't respond that way.

[TomD]

Originally Posted by Travis C.

I dont understand how its over reach?

He did his job with just cause and it was complied with like it should have been because there was nothing to hide. If someone contacted TWRAs poaching hotline and watched the agent arrive to thier call would that not be expected. A complaint would be made if they didn't respond that way.

I guess Im not seeing it the right way. Does he have the legal authority based on the law or is hear say sufficient? I still think its overreach if he does not have a warrant? Thats why Im asking what is the law If the TWRA witnessed him doing something illegal no problem but based on a phone call, supposed phone call, my question is what is the limitations? If someone declared another doing something illegal and the accused declares he is not is it up to LE to determine who he wants to believe. Whats the law? It seems to me the TWRA guy should have watch the suspect and determine for himself if a crime was taking place.

[Alphahawk]

There are a few on here who work for TWRA and hopefully they will chime in as to what is the law as written.






Regards

[TomD]

Originally Posted by Alphahawk

There are a few on here who work for TWRA and hopefully they will chime in as to what is the law as written.






Regards

It would be good to know. Doesn't it border on innocent until proven guilty? If there were no violations it could be proved by popping the trunk.
It would be easy to prove his innocence but is the accused obligated to. I'm making the assumption he is innocent and what would be the legal process to prove guilt? Not looking for an argument just getting really sensitive to DC and whats taking place and letting it spill over.