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Old May 19th, 2008
LittleRedToyota LittleRedToyota is offline
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Default Re: Who's had bad experiences with Game Commission Officers?

Quote:
Originally Posted by cms81586 View Post
Also, is it true they can inspect your property and house without a warrant? What can you do to stop them from coming onto your property? I'd like to see one try to come into my house and check my freezer... Do they need probable cause or reasonable suspicion to perform a search?
they can come onto your land at any time without a warrant (the state supreme court upheld this year or so ago under the "open fields" doctrine).

PA state law attempts to give them the power to perform baseless searches of your person, car, hunting camp, etc. but i gotta think these would not stand up to a 4th amendment challenge in court if there were not at least RAS.

still coming into your house is a different story. even under the absurdity know as PA game law, they need a search warrant.

btw, here is the relevant portion of law:

from: http://www.pgc.state.pa.us/pgc/cwp/v...8&q=151035#901

Quote:
Sec. 901. Powers and duties of enforcement officers.

(a) Powers. - Any officer whose duty it is to enforce this title or any officer investigating any alleged violation of this title shall have the power and duty to:

...

(6) Stop and inspect or search, at any time, any means of transportation within this Commonwealth. Any officer who stops any means of transportation shall be in uniform and present a badge or other means of official identification and state the purpose of the inspection or search.

(7) Inspect and examine or search, at any time or place, any person or means of transportation or its attachment or occupants, or any clothing worn by any person, or any bag, clothing or container when the officer presents official identification and states the purpose of the inspection or search.

(8) Inspect and examine or search, at any time, any camp, tent, cabin, trailer or any means of transportation or its attachment being used when the officer presents official identification to the person in charge and states the purpose of the inspection or search.

(9) Secure and execute all warrants and search warrants for violations of this title or, with proper consent, to search or enter any building, dwelling, house, tavern, hotel, boardinghouse, enclosure, vehicle or craft or any attachments thereto, to open, by whatever means necessary, any door, compartment, chest, locker, box, trunk, bag, basket, package or container and to examine the contents thereof and seize any evidence or contraband found therein.
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