Can a game warden come in your house

Administrative Inspections. This chapter:. Provides Service officers with guidance on searches and seizures,. Describes Constitutional guarantees that protect people in the United States from unreasonable searches and seizures, and.

Describes the authority Service officers have when collecting evidence or seizing items connected with a violation of a law or regulation we enforce. The Fourth Amendment to the Constitution gives people the right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.

The African Elephant Conservation Act. This statute gives Service officers the same search and seizure authority as the Endangered Species Act see section 1. The Airborne Hunting Act. This statute authorizes Service officers to search with or without a warrant 16 U. This statute authorizes Service officers to search with a warrant, but it is silent on the issue of searches without a warrant 16 U.

The Endangered Species Act of Such person. The Lacey Act Amendments of 16 U. Such person may also inspect and demand the production of any documents and permits required by the country of natal origin, birth, or reexport of the fish or wildlife. The Marine Mammal Protection Act of The Migratory Bird Treaty Act. This statute authorizes Service officers to search with a search warrant. This statute authorizes Service officers to search with a warrant 16 U.

The Rhinoceros and Tiger Conservation Act of Person who makes an affidavit. A written declaration made under oath before an authorized officer. Areas immediately appurtenant to a dwelling place may be considered curtilage. Such areas are generally enclosed in a way that indicates their connection to a dwelling.

The Fourth Amendment protects this area against unreasonable searches. Probable Cause. Probable cause is when an officer can objectively deduce from a set of facts that a person has committed, is committing, or is about to commit a crime. Probable cause for a search is established when facts are sufficiently strong to lead a reasonable, prudent person to believe that evidence of a crime is probably located in the place to be searched.

Property Seizure. A seizure does not include detention for inspection or refusal of wildlife items that are entering or leaving the United States at the border or functional equivalent of the border. A search is any Government intrusion into an area in which there would be a reasonable expectation of privacy.

Courts use a two-prong test to determine whether a person has a reasonable expectation of privacy:. Service officer. Service officer means any Service special agent, wildlife inspector, refuge officer, or any other officer authorized to enforce Service statutes and regulations through delegated authority e.

Service law enforcement officer. A Service law enforcement officer means any Service special agent, refuge officer, or any other armed officer authorized to enforce Service statutes and regulations through delegated authority e.

Generally, for searches and seizures to be reasonable under the Fourth Amendment, they must:. Under certain circumstances, there are exceptions to the warrant requirements for some types of searches and seizures. Other types of lesser intrusions do not require probable cause. We describe these circumstances in sections 1. It is a violation of 18 U. Crimes and Criminal Procedure for any person to:. Penalties are more severe if the person uses a deadly or dangerous weapon 18 U.

This subsection does not apply to an officer when making a lawful arrest or conducting a consent search 18 U. A warrant:. Can be either a search warrant or a property seizure warrant. Should designate the primary Service officer executing the warrant and any other authorized officer of the United States who may execute the warrant.

Refers to the affidavit s that supports it and states the name of the affiant. The facts constituting probable cause to support the issuance of a warrant are in the affidavit also see section 1.

Commands the authorized United States officer s to search the person or place named within a specified period of time not to exceed 10 days. Designates the Magistrate Judge or other issuing official to whom the warrant must be returned.

The descriptions may be on the face of the warrant, or in attachments that must be incorporated into the warrant by reference at the time the officer swears to the affidavit. Officers do not need to describe contraband in great detail, but they should thoughtfully identify and describe categories of tangible evidence, including as many categories as the facts support e.

In some Districts, seizures of computers require specific language related to securing, copying, and returning computers. When to Obtain a Warrant. Service officers must obtain a search or seizure warrant unless one is clearly not required. Evidence seized under authority of a valid warrant is usually admitted in court. Where to Obtain a Warrant. Service officers obtain a search or seizure warrant from a Federal Magistrate Judge or U.

District Court Judge in the court district where the property is located. Although a judge of a State court of record in that judicial district may also issue a search warrant, such a warrant is only available if an officer can show that a Federal Judge was not reasonably available.

Service officers should seek counsel before resorting to a State Judge, and should only turn to State judges as a last resort. The Service officer prepares and submits the warrant documents to the issuing authority, normally a U. Magistrate Judge. The warrant documents consist of a warrant, application, and affidavit. The affidavit is attached to the application. The officer should write the warrant number on each page of the warrant documents, and the judge may require the officer to initial or sign and date each page.

The warrant is a one-page Federal court form which, when issued signed and stamped by a U. Magistrate Judge, gives the Service officer authority to search or seize property. Application for a Warrant. The Application for a Warrant is a Federal court form similar in appearance to the warrant. The application must:. It is attached to and incorporated by reference into the application.

When an affiant uses hearsay information, special rules apply for testing the competency of the evidence. This requirement is satisfied if:. Consultation and Review. As early in the process as possible and before applying for a search warrant, if practical, Service officers should consult with an Assistant United States Attorney AUSA and request their review of the affidavit to ensure it contains sufficient probable cause to obtain a warrant.

In some districts, the Magistrate Judge or other issuing authority will not accept an affidavit for a search warrant without the concurrence of an AUSA. A search warrant may be issued only on the basis of an affidavit s sworn to before a U. Magistrate Judge or other issuing authority that establishes probable cause and that describes the place to be searched or seized and the grounds for the search or seizure.

The judge may use a court reporter or recording equipment to record such proceedings, which will be included as part of the affidavit for the search warrant. Under limited circumstances, judges may authorize search warrant applications and approvals over the telephone.

General Rules. If reasonable cause is shown, the issuing authority may specifically authorize on the warrant that it be served at any time, day or night. A daytime search may extend into the night, provided the Service officers executing the warrant act reasonably and do not continue the search as a form of harassment.

Officers may serve warrants on any day of the week. If an officer does not execute a warrant or obtain a renewal within those 10 days, then it is void and cannot be renewed. At that point the officer must file a new affidavit and get a new search warrant. For example, an officer may not seize a television set not listed in a warrant where its illegality only became known when the officer checked a stolen property database for the serial number from the back of the TV.

See FW 3 , Evidence and sections 1. Execution of Search Warrant on Premises. If the officer receives no response after such announcement or if the officer is refused admittance, the officer may break into the premises.

If more than one Service officer executes the warrant, the other officer s do not need to enter the premises by the same entrance as the officer serving the warrant. The search should be as brief as is reasonably possible. If there is reason to suspect that people on the premises are carrying items that reasonably could be objects of the search warrant, the officer may detain and search them to determine whether they are concealing items covered by the warrant.

Return of the Warrant. After conducting the search, the Service officer must promptly return the original warrant with a list of all items seized to the U. Magistrate Judge or other issuing authority. See FW 3. Service officers may seize the following items when they find them during a lawful search Rule 41, Federal Rules of Criminal Procedure :.

Contraband or Fruits of Crime. These are items that are unlawful to have, such as narcotics, certain firearms, or illegally taken or traded wildlife. If a warrant does not specifically list the contraband, the incriminating nature of the item s must be readily apparent.

Instruments of Crime. This is property designed or intended for use or that is or was used as the means of committing a crime i. Evidence of Crime. Any item that constitutes evidence of a crime is subject to seizure. However, officers may only seize items or property that appears reasonably necessary to aid in an apprehension or conviction.

The item must appear to be related to the crime under investigation. That is entrapment. But placing what appears to be a very average deer where one might expect to typically see a deer or other wildlife with no other encouragement of the offender to commit a crime, is not entrapment.

But there are job-performance expectations that everyone is required to meet, and working wildlife agents are no different. Conservation law enforcement is seasonal.

Certain times of the year are far busier than others. As a working field agent, I dreaded the months of October and February. Not much was going on in either arena, and a citation could be hard to come by. But no quota ever existed, and we had a very simple and sound system for evaluating job performance. Agents are compared only to other agents within their work district, working the same population and habitat types. Citation numbers are compared by average. So if the other agents in the work district are averaging 20 citations per month and one agent lags below average for a while, his supervisor will discuss job performance and ways to keep up.

But never are a specific number of citations demanded or imposed. Become the most informed Sportsman you know, with a membership to the Louisiana Sportsman Magazine and LouisianaSportsman.

Scorer Greg Hicks says every deer is special and hunters should enjoy their experience no matter the final numbers. We researched the archives of LouisianaSportsman. Check them out. You must be logged in to post a comment. January 14, Home Columns Facts behind the fiction.

Sign Up Now. January Statewide LA. Previous A real matchstriker, finally. Fish and game wardens are sworn police officers who typically work for state and federal fish and wildlife agencies.

Not to be confused with conservationists, game wardens are law enforcement agents who patrol conservation areas and waterways to enforce laws specific to wildlife, hunting, boating and fishing. They investigate damage to crops and property caused by wildlife, collect biological data, inspect commercial fishing operations and seize any equipment connected with suspected violation of laws. Fish and game wardens may also be called to investigate pollution, improper disposal of hazardous materials and homeland security cases.

According to the Bureau of Labor Statistics , there were 6, fish and game wardens in the U. Game wardens are qualified to perform the same duties as police officers, such as investigating reports of crime, carrying firearms, issuing citations, and making arrests. Some states vest game wardens with full police powers giving them the ability to make general arrests and issue traffic citations.

In many states, game wardens are also responsible for the investigation of hunting and boating related fatalities and accidents. Game wardens also spend a significant amount of time overseeing community based training programs focused on safety and education.

They supervise hunting safety seminars for junior hunters, issue fishing and hunting licenses, and provide educational information to the public on wildlife issues. One of the lesser known functions of a game warden is to work with landowners to find solutions to damage caused by wildlife and to conduct rescue operations for injured wildlife. The data they collect is often essential in the formation of state wildlife management policies.

In coastal areas, game wardens are also often responsible for policing and teaching boating safety. The specific requirements to become a fish and game warden vary from jurisdiction to jurisdiction, but generally, the basic requirements are very similar to those expected of police officers entering the field of law enforcement.