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The Montana Supreme Court has upheld out-of-jurisdiction arrests by law enforcement officials on several occasions. Apparently the State is not concerned about civil suits.
Point is, there is no legal obstacle between wardens and enforcement of the criminal code. Resource allocation and training are another matter, and dictated by department policy.
Sorry Mr. Warden, my aim is so bad at 1000 yards I accidentally hit their tires.There's no law that will correct stupidity, which is what nearly anybody suffers from who thinks it's a good idea to head out the door with a rifle when there's a mob of elk on the flats south of Ennis, or other places like that.
The solution is more long range precision shooters.
Other than they don't have full peace office authority under MCA, there is no legal obstacle.
Certainly, out of jurisdiction arrests can be and are made on occasion when there is sufficient exigency to warrant the action.
Is there opportunity to try and prevent these herds from taking refuge on private land in the first place. I keep hearing references to these herds showing up in August/September are there actions that can be taken at that time?
My assumption that many folks out running the roads in the summer is leading to this, coupled with delicious alfalfa under pivots. Would better sanctuary in the hills earlier in the season help this somewhat and hold off some of these early lower migrations?
Is there opportunity to try and prevent these herds from taking refuge on private land in the first place. I keep hearing references to these herds showing up in August/September are there actions that can be taken at that time?
My assumption that many folks out running the roads in the summer is leading to this, coupled with delicious alfalfa under pivots. Would better sanctuary in the hills earlier in the season help this somewhat and hold off some of these early lower migrations?
Semantics, my friend.
If a warden observed a non-FG violation while in the field, he/she could arrest the person and the case would be prosecutable.
I believe that is what the initial debate started over.
Given the fact that Montana Wardens are underpaid as it is, I doubt you'll see any of them taking the financial risk to enforce laws that are outside of their legal authority as Game Wardens.
Kurt, you're in the 1% of hunters out there so your opinions shouldn't count..... Most of us mere humans should be lucky you talk to us....
I don't see sheriff deputies etc holding back for that reason.
I think what it really boils down to is department policy. Wardens are stretched thin enough as is and they don't need to be out doing the sheriff's job.
I think citing for additional criminal violations while enforcing F&G statutes is completely reasonable though.
It went on your GF's chest!