Posted: Thu Dec 22, 2005 9:32 am
torch wrote:Tunica, my clicker got stuck(i hate when that happens, but my wife loves it)
yea she told ME that the other day
yea she told ME that the other day
Page 5 of 6
yea she told ME that the other day
Posted: Thu Dec 22, 2005 10:41 am
st
i think he got the point after he wrote the ticket and everyone within 50 mile radius of the rez heard my reaction....hell i even got a call from one of my buddies who deer hunts yesterday asking if i heard the "fool"
screaming at the game warden!!!!
noone is perfect.....i GUESS he was just doing his job.......i GUESS it was not malicious......I GUESS.......normally there is an older warden out there who knows my truck and doesn't even ask me how i did anymore
&^%$ happens but you can bet yo booty i will not have it happen again!
GH
i think he got the point after he wrote the ticket and everyone within 50 mile radius of the rez heard my reaction....hell i even got a call from one of my buddies who deer hunts yesterday asking if i heard the "fool"
screaming at the game warden!!!!
noone is perfect.....i GUESS he was just doing his job.......i GUESS it was not malicious......I GUESS.......normally there is an older warden out there who knows my truck and doesn't even ask me how i did anymore
&^%$ happens but you can bet yo booty i will not have it happen again!
GH
Posted: Thu Dec 22, 2005 1:26 pm
Greenhead I am glad all is well. You know I am crazy about ya but not 1800.00 bucks worth 
Merry Christmas Greenhead
Merry Christmas GreenheadPosted: Thu Dec 22, 2005 1:35 pm
Greenhead,
Two words. Fight it. You got the proof in the receipts.
Two words. Fight it. You got the proof in the receipts.
Posted: Thu Dec 22, 2005 2:50 pm
ahhhhhhhh..........friends 
Posted: Thu Dec 22, 2005 8:39 pm
Wingman wrote:1. I am on the bottom of the totem pole.
2. I wasn't there.
3. I only have 1/2 of the story.
4. I keep lead in my truck for hunting doves/snipe/squirrels/rabbits.
5. I don't duck hunt out of my truck.
6. I only have 1/2 of the story.
7. I wasn't there.
Under certain conditions, a toolbox may be searched w/o a warrant.
Law enforcement can perform a warrantless search of an automobile, boat or other vehicle if the officer has probable cause to believe that contraband is in the automobile. Carroll v. United States, 267 U.S. 132 (1925)
Automobile exception partially based on impracticality of obtaining a warrant given the "inherent mobility" of vehicles. United States v. Chadwick, 433, U.S. 1, 12 (1977)
As a general matter, probable cause to search will be found when the facts and circumstances in a given situation are sufficient to warrant a person of reasonable caution to believe that items connected to criminal activity are located in the place to be searched. Carroll v. United States, 267 U.S. 132, 69 L.Ed.2d 543, 45 S.Ct. 280 (1925)
Police may search any where in the vehicle and any containers that may contain the items sought if they have a generalized belief that the vehicle contains contraband somewhere inside the vehicle. United States v. Ross, 456 U.S. 798, 825 (1982)
Police may perform a warrantless search of a container inside a vehicle based upon probable cause that the container, not the vehicle, has contraband located inside of it. California v. Acevedo, 500 U.S. 565, 573 (1991)
When there is probable cause to believe that the automobile as a whole contains contraband, the entire vehicle, including containers, can be searched. California v. Acevedo, 500 U.S., 573 (1991)
Wingman, I am impressed, you sound like my damn crim pro teacher...just one thing to add - Chadwick/Sanders was done away with in the Acevedo decision which distinguished the Carroll auto exception as the bright line rule.
Oh and by the way I think it is BS also.
Posted: Thu Dec 22, 2005 8:51 pm
Wingman, I am impressed, you sound like my damn crim pro teacher...just one thing to add - Chadwick/Sanders was done away with in the Acevedo decision which distinguished the Carroll auto exception as the bright line rule.
Thanks, that is good to know.
Posted: Fri Dec 23, 2005 8:49 am
Well ya finally slipped up and said you were at the rez.
Posted: Fri Dec 23, 2005 11:13 am
yeah.....that narrows it down to about 500000000000000 sq ft of water 
thia has not been my week!
thia has not been my week!
Posted: Sat Dec 24, 2005 5:14 am
Did you even have a 10 gauge in your truck?
Posted: Sat Dec 24, 2005 9:30 am
no...it was in my hand 
gh
gh
Posted: Sun Dec 25, 2005 11:08 pm
In reference to Wingman's post........ Probable Cause Probable Cause Probable Cause.
The LEO must show Probable Cause in court, not just say "I Think" he or she may have broken the law. And depending on the Judge, your probable cause better be just that, damn good probable cause.
I wouldn't put my reputation or job on the line based on what I thought, believe me it's always based on the facts and truth. Common sense is another key element too. The warden knew beyond a shadow of a doubt that Greenhead was not hunting with those shells. Can't say as to why he wrote the ticket other than hoping Greenhead wouldn't fight it or question it.
If I were in the warden's position would I have written the citation?..... NO..Common sense would have kicked in. But I do have common sense, some officers don't. Sad but true.
Just my .02 cents worth. Like it or not.
The LEO must show Probable Cause in court, not just say "I Think" he or she may have broken the law. And depending on the Judge, your probable cause better be just that, damn good probable cause.
I wouldn't put my reputation or job on the line based on what I thought, believe me it's always based on the facts and truth. Common sense is another key element too. The warden knew beyond a shadow of a doubt that Greenhead was not hunting with those shells. Can't say as to why he wrote the ticket other than hoping Greenhead wouldn't fight it or question it.
If I were in the warden's position would I have written the citation?..... NO..Common sense would have kicked in. But I do have common sense, some officers don't. Sad but true.
Just my .02 cents worth. Like it or not.
Posted: Sun Dec 25, 2005 11:51 pm
Like I said, I only have 1/2 of a story and I wasn't there to witness what happened.
Yes, RDB, I agree with your statements on probable cause.
I will just say for the record and to put the 411 out there for you hunters, that there is nothing illegal about having toxic shot in your vehicle while you are out duck hunting. I almost always keep lead shot of various sizes in my truck for hunting other game. I just double check to make sure I don't have any lead in my pockets, waders, blind bag, atv, etc. before I go waterfowl hunting.
What really raises my eyebrow, though, is when people pull up to the boat ramp in their duck boat and have empty lead hulls in their blind bags and tell me that they reload steel in those hulls. Nothing much I can do about empties, but if there is so much as 1 unshot lead shell in there...
Yes, RDB, I agree with your statements on probable cause.
I will just say for the record and to put the 411 out there for you hunters, that there is nothing illegal about having toxic shot in your vehicle while you are out duck hunting. I almost always keep lead shot of various sizes in my truck for hunting other game. I just double check to make sure I don't have any lead in my pockets, waders, blind bag, atv, etc. before I go waterfowl hunting.
What really raises my eyebrow, though, is when people pull up to the boat ramp in their duck boat and have empty lead hulls in their blind bags and tell me that they reload steel in those hulls. Nothing much I can do about empties, but if there is so much as 1 unshot lead shell in there...
Posted: Mon Dec 26, 2005 8:40 am
I never thought of that wingman. That is flat out dirty. The extremes people will go throught to kill a few ducks. It isn't like we all haven't killed our weight several times over. It's sad if the killin is better than the huntin.
Posted: Mon Dec 26, 2005 3:17 pm
the moral of this story is make your buddies buy their own ^%$# shells!!! 
gh
gh