Road blocks in New Mexico

[WildWill]

Fairly confident you’re wrong, but carry it n.

Does it matter? Even when they catch a poacher they receive very little real punishment.

 

[JLS]

Does it matter? Even when they catch a poacher they receive very little real punishment.

 

[AggieOutlaw]

Fairly confident you’re wrong, but carry on.

You have the right to refuse consent to a search. Honest hunters won't. Poachers will. (hence my objections)

If they search your property anyway, they better have probable cause that will stand up in court.

 

[AggieOutlaw]

Does it matter? Even when they catch a poacher they receive very little real punishment.

This is so true. Even if the evidence stands up in court, the court gives them a slap on the wrist. Meanwhile, there I am sitting on the curb while they dig through my truck bed.

 

[JLS]

Example of a violation of constitutional rights

Pretty sure this cost the state of WA a couple million.

 

[Gila]

It is a state thing...not a federal issue. If you want to hunt in a particular state you have to agree to abide by their rules, regulations and laws. If you don't like it, you can always attend a fish and game commission meeting (or hearing) and give your opinion. Also write your state reps and voice that opinion. Other than that, all of the complaining will go nowhere. I tend to agree with the Viking.

I meant I tend to agree with JLS....

 

[AggieOutlaw]

I meant I tend to agree with JLS....

I don't disagree with either of you from a pragmatic perspective. Which is why I comply and don't fight the issue.

I disagree with the tactic on principle and I don't think it is very effective. It it were effective, G&F would advertise the efficacy of the program and conduct them more often.

Operation Game Thief results in many convictions a year and they advertise that program's successes openly. I'd rather see OGT expand. Let law abiding citizens/hunters be the solution to poaching. Rather than give me a warning for not leaving ears on an obviously mature antelope buck.

 

[Gila]

You have the right to refuse consent to a search. Honest hunters won't. Poachers will. (hence my objections)

If they search your property anyway, they better have probable cause that will stand up in court.

As I posted before it is a state issue, not a federal one. The states' constitutions cannot violate the the 4th amendment however each state can and does define what are reasonable searches based on probable cause. Refuse a search based on NM law and your hunting trip will end right then and there. The link below sums it up well in my opinion. What is probable cause in California is not necessarily probable cause in NM. Colorado may be different than NM. Once again, be nice and comply then you probably won't have any problems.

Can I Refuse a Search Request?

US citizens have a constitutional right to a certain level of reasonable privacy. The government cannot search your person or your property without good cause. There are laws to protect that privacy, but there are also laws that allow law enforcement officers to encroach upon your privacy in...

www.tulare-kings-attorney.com

[/QUOTE]

 

[Gila]

New Mexico is a fairly large state with a very low poulation. There are huge chunks of remote areas....millions of acres. Obviously covering those huge areas with so few COs is very daunting task. Check points are not only effective they are vital!

 

[hank4elk]

Checkpoints I have seen operate very much like a DUI/safety inspection with multiple agencies.

 

[AggieOutlaw]

Checkpoints I have seen operate very much like a DUI/safety inspection with multiple agencies.

Me too. I’m sure that has something to do with the drunks, outstanding warrants, and the border.

I came back across where a game checkpoint had been three days prior that had state police and G&F and saw three cars parked there. No doubt DUI arrests.

If the checkpoints are essential to enforcement, then show me the data.

And if they are so effective why not push for game check stations?

 

[JLS]

And if they are so effective why not push for game check stations?

Because people learn to go around established game check stations, and they aren’t always staffed with enforcement personnel at the semi permanent/established stations. The last time I went through the one in Bonner MT I did all but beg the guy to look at my expensive tag. All he wanted was age data and hunt district.

 

[Old man bob]

I have received a petty citation along with my wife. I bought land over there and a year later took her to see it. It was a rookie Highway patrolman in the middle of no where 20 miles from the nearest paved road. A G & F officer that I just spoke with an hour earlier at the lake was shaking his head .To long of a story to tell 100% but cop was a dick. He abused my wife verbally and was so mad cause she passed the dui test. We got tickets for noseat belts and open container. 300 dollers total . Complete dick.We got rid of the property and Wife said She will never go back to N Mexico again.. On the other hand I know what they are looking for and I like it. Half the town of Reserve is tweekers including a family that once were succesfull guides.. Sad but true. They need to raid that whole town. New Mexico is ran by the Cartels..Scarry place. including unsolved Murders..................BOB

 

[Gila]

I have received a petty citation along with my wife. I bought land over there and a year later took her to see it. It was a rookie Highway patrolman in the middle of no where 20 miles from the nearest paved road. A G & F officer that I just spoke with an hour earlier at the lake was shaking his head .To long of a story to tell 100% but cop was a dick. He abused my wife verbally and was so mad cause she passed the dui test. We got tickets for noseat belts and open container. 300 dollers total . Complete dick.We got rid of the property and Wife said She will never go back to N Mexico again.. On the other hand I know what they are looking for and I like it. Half the town of Reserve is tweekers including a family that once were succesfull guides.. Sad but true. They need to raid that whole town. New Mexico is ran by the Cartels..Scarry place. including unsolved Murders..................BOB

Reserve ain't much of town, more elk than people. ALB has all of the wannabes and homees. I suppose a person could confuse cappuccino drinkers for tweekers...I like Sumatra coffee for the lift myself.

 

[blueridge]

As I posted before it is a state issue, not a federal one. The states' constitutions cannot violate the the 4th amendment however each state can and does define what are reasonable searches based on probable cause. Refuse a search based on NM law and your hunting trip will end right then and there. The link below sums it up well in my opinion. What is probable cause in California is not necessarily probable cause in NM. Colorado may be different than NM. Once again, be nice and comply then you probably won't have any problems.

Can I Refuse a Search Request?

US citizens have a constitutional right to a certain level of reasonable privacy. The government cannot search your person or your property without good cause. There are laws to protect that privacy, but there are also laws that allow law enforcement officers to encroach upon your privacy in...

www.tulare-kings-attorney.com

That link was helpful. Thanks for sharing, Gila.

I'll be heading to Unit 36 for first rifle in a coupe weeks. I 100% don't mind showing driver's license, hunting license, and tag, but a search of my vehicle would be very tough for me to stomach on principle. Hopefully it's nothing like that (b/c for a oil tag I'd likely be forced to tell my stubborn pride and principles to stfu).

Just a couple weeks ago my 17 year old daughter was pulled over for a headlight out. Two of her friends were in the car with her. Cop told her why he pulled her over, then asked if she minded if he searched her car. When I heard that I about flipped my lid. She told the officer she didn't care, and he ended up not doing it. But how many times have you heard of a passenger stuffing their X under or between the seats and the owner of the car being on the hook for it? I told her to respectfully not consent to that again, unless he explained the specific probable cause and the specific crime he suspected her of. Just really rubbed me wrong, the thought of an authority figure intimidating a young girl, or anyone who doesn't know their rights for that matter, into a search that wasn't warranted.

 

[Keeptrying]

License, registration, and insurance. Here ya go.

Been drinking? Absolutely not.

Anything in the car I should know about? No, sir.

Mind if I look? Yes I do.

Why wouldn't you want me looking in the vehicle? Because it is my personal property.

Now they may end up searching anyway, but I'll be damned if it's gonna be with my permission. I work hard, pay my taxes, and follow all the rules. No need for someone to dig through my belongings because of some misguided belief that my rights don't matter. Screw that.

 

[F250]

Puzzles me. I read many posts on this forum where members are screaming for more action regarding Fish and Game law enforcement. Road block/game checks are a tool in the tool box for the Wardens. I organized and ran lots of road blocks. Some larger ones with officers from other agencies. Most were just manned by Game Wardens. Seldom did they run for more than a couple hours. For most folks going through the process it was a couple quick questions, a glance at the vehicle , and they were through. What did happen : 1) an excellent method for help keeping the honest folks honest, 2) a method of contact with sportsman who often provided information about poaching activity in the brief one on one conversation with a Warden, 3) confiscation of illegal moose, deer, and other game, with charges laid 4) a chance for a happy hunter to show off his trophy and be congratulated, 5) assurance for the non hunting public that the State takes game laws seriously, and is being proactive with the enforcement of those laws. Many hunters today drive for 10 - 20 - 30 hours to reach hunting destinations. A few minutes at a check point, set up with the intent to protect the wildlife resource, shouldn't cause folks a lot of heartburn.

 

[Baerman]

I've hunted the state three times, a total of about 30 days and have yet to see a fish and game cop or even a police officer for that matter. I hope we see one this fall when we return.