THE FOURTH AMENDMENT, GAME WARDENS, AND HUNTERS
In: Cumberland Law Review, Jg. 46 (2015), S. 79
Online
academicJournal
Game wardens are charged with enforcing federal and state hunting and fishing laws. 1 Courts have often interpreted the Fourth Amendment to provide more leeway to game wardens who interact with hunters than to police officers who interact with other citizens. For example, a game warden may stop a hunter in the field and demand that the hunter present his hunting license for any reason. 2 Alternatively, for a police officer to stop a pedestrian on the street and demand the production of an identifying document, he must have "reasonable suspicion" that the pedestrian has violated the law. 3 Furthermore, the Supreme Court of California held that a game warden possesses the authority to stop a hunter in a moving automobile without reasonable suspicion of any legal violation. 4 In contrast, a police officer must have reasonable suspicion that a driver on the road has violated the law to pull him over. 5 In most states, a game warden may search any containers the hunter may have with him or in his motor vehicle for game without any reason to believe there has been a violation of the game laws. 6 However, a police officer must have probable cause to search containers such as luggage or the trunk of an automobile. 7 This essay argues that the Fourth Amendment should apply to game wardens to the same extent that it applies to police officers and other law enforcement officials. The arguments used by courts for departing from ...
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THE FOURTH AMENDMENT, GAME WARDENS, AND HUNTERS
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Autor/in / Beteiligte Person: | Haden, Ed R. |
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Zeitschrift: | Cumberland Law Review, Jg. 46 (2015), S. 79 |
Veröffentlichung: | 2015 |
Medientyp: | academicJournal |
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