Posted by:
rpelaez
at Sun Jul 18 20:11:18 2010 [ Email Message ] [ Show All Posts by rpelaez ]
The more the herp community learns about the standards that must be employed BEFORE a Game Warden can legally perform an investigatory stop (a seizure), the less the community will tolerate the abuses. In order for the Game Warden to perform an investigatory stop in this case, the Warden must have reasonable suspicion, based upon specific, articulable facts taken together with reasonable inferences from those facts, that the particular person stopped has been, is or is about to be, engaged in the unlawful taking of wildlife. Here, the Game Warden did not witness sufficient facts to indicate that wildlife had been or was going to be unlawfully taken. He observed a vehicle swerve on the highway that left Sanderson at 12 NOON. This would not support a finding of reasonable suspicion.
Bob should file a complaint and take it to the Department and to the folks at Sanderson. Hell, he should even contact the ACLU. Then, HE WOULD REALLY SCARE THAT GAME WARDEN. LOL!!!
Robert
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