Posted by:
rpelaez
at Sat Jul 17 21:31:06 2010 [ Email Message ] [ Show All Posts by rpelaez ]
It sounded like he said I can search the vehicle because I saw snake gear, and you said go ahead. That's not exactly a request and consent, but even if he asked you without the implication he could do it anyway, he shouldn't have initiated a search unless he had "reason to believe" your vehicle contained wildlife that was unlawfully obtained. Herps are different than drugs. Herps are not illegal per se. When LE sees a crack pipe through the window of the vehicle - that will constitute a reason to believe that the vehicle contains illegal drugs. When LE sees snake tongs through the window of the vehicle - it does not constitute a reason to believe that the person unlawfully obtained wildlife from the road/row, at least in my opinion. He had no reason to believe the vehicle contained unlawfully obtained wildlife unless he saw you or your bud pick up a snake from the road/row.
You did nothing to warrant a search by a Game Warden. That's your complaint. It sounds like these boys need to be reigned in a little bit. YEEHAW!!!!!!
Robert
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