Let me preface this issue with "I do not advocate breaking the law". Without sounding militant or "T", I believe that there is a way to deal with our legal issues and TPWD. Most of the areas that we are in are very rural. When LE issues a violation for any infraction, most of them go to a Justice of the Peace for that precint. Those JP's are elected by the local community not appointed by TPWD, DPS, Sherriff, or politicians. If the communities will let the JP know that their business's are in jeopardy, they may take a hard look at the evidence (if any)being presented on the violation. Us providing evidence either verbal or actual to the LE agent, we hurt our own case. You submitting to a search or saying you are collecting reptiles only makes it easy for LE to make their case. If they find something then they think they got you and make it difficult for you. If they do not find anything, it is still easy on them because they just walk away. There was no effort on their part and even worse there is no one that scrutinizes if what they are doing is right. If you do not agree to search, LE will have to get a search warrant. To do so they will have to find the judge to get it. After dark (late night) may not be too easy for them to get a warrant without some pretty good probable cause. If they do get the warrant and find nothing, how long do you think it will take for that judge to not issue any more search warrants to that officer. On the other side of the coin, if LE witnesses you catching, bagging and putting a vertebrate animal into your vehicle you can expect they will have a pretty good case. IMHO, if you are ticketed and LE did not see you actually capturing something, you should take it to court. Make LE prove their case. Now if you are cited for a traffic violation because of erratic driving or something else like that, you will have a different battle. Know and abide by the traffic rules and be as safe as you possibly can out there.



My personal experience with LE has been rather good when I did not violate a traffic code. I have answered questions and allowed searches. I have not been cited for a game or non-game animal violation. I admit that I have made it easy for them. I am changing my mind about that process. I wish there was a way for the private citizen to find out how much money has been spent by the State of Texas pursuing us hobbyist trying to collect a fine that might, maybe, could possibly, be as high as $100 when drug runners and illegal immigrants are crossing our borders with little or no consequence. I wonder what the general population would think about that expenditure and whether or not they thought it was worth it. An illegal immigrant crosses the border, cuts fences, steals from ranch houses and anywhere else they can and when they are caught they get a free ride home, only so they can do it again. If I (a US Citizen) gets caught across a fence on private property (by the way doing no damage), I could and probably would be charged with criminal tresspass and spend at least the night in jail and face prosecution. No telling how long I would spend in jail if I were caught at a ranch house stealing something, if I survived the ranchers shotgun. JUSTICE?????? Something has got to change and if we do not speak up about it, know our right, and execute our rights, nothing will change!!!



ECTimaeus

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