Posted by:
rpelaez
at Tue Jul 20 14:17:22 2010 [ Email Message ] [ Show All Posts by rpelaez ]
I don’t pretend to be aware of the protections afforded a person’s residence or vehicle, but my guess is the residence enjoys the most protection. Here are the code sections that are applicable to vehicle searches:
Sec. 62.007. STOPPING FOR SEARCH. (a) An authorized employee of the department may search the game bag, receptacle, automobile, or other vehicle if he has reason to believe that the bag, receptacle, automobile, or vehicle contains game unlawfully killed or taken.
(b) A person who refuses to allow a search or refuses to stop a vehicle when requested to do so by an authorized employee commits an offense.
Sec. 12.104. RIGHT TO SEARCH AND INSPECT. (a) A game warden or other peace officer commissioned by the department may search a game bag, vehicle, vessel, or other receptacle if the game warden or peace officer has a reasonable, articulable suspicion that the game bag, vehicle, vessel, or receptacle contains a wildlife resource that has been unlawfully killed or taken.
(b) A game warden or other peace officer commissioned by the department may inspect a wildlife resource or a part or product of a wildlife resource that is discovered during a search under Subsection (a) of this section.
(c) In this section "wildlife resource" means an animal, bird, reptile, amphibian, fish, or other aquatic life the taking or possession of which is regulated in any manner by this code.
As was pointed out below, Section 62.007 may be applicable to game animals, while Section 12.104 may be applicable to nongame animals. That said, I think paragraph Section 62.007(b), in so much as it relates to the refusal of the search, may be unconstitutional. The standard for Section 12.104 is reasonable, articulable suspicion. Reasonable, articulable suspicion is the standard required of ALL law enforcement for investigatory stops (stopping a vehicle). Google the term and you’ll find a lot of literature on the subject, including articles that refer to a few important Supreme Court decisions.
Robert
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