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0 pointsBrybry4y ago0 comments

This might vary by state. I looked up for my state, Louisiana, and the law[1] is worded fairly broadly and it doesn't specifically list homes but it seems to me it could easily be interpreted that way.

I found one case of searching on private property without a warrant where initial trial court said it was a Fourth Amendment + Louisiana Constitution violation but the appeal court reversed the decision[2] and the state supreme court denied the review request[3].

I think it's probably nuanced? Like if a game warden sees you unload game from your truck them maybe they can go into your home without a warrant? But they probably couldn't legally pick a random house and search it for no reason without a warrant? I am not a lawyer, not legal advice, etc etc.

[1] http://legis.la.gov/legis/Law.aspx?d=105379

[2] https://caselaw.findlaw.com/la-court-of-appeal/1491867.html

[3] https://calculators.law/caselaw/decisions/x5yN6QjJe3Z0/cason...

0 pointsBrybry4y ago0 comments

[1] http://legis.la.gov/legis/Law.aspx?d=105379

[2] https://caselaw.findlaw.com/la-court-of-appeal/1491867.html

[3] https://calculators.law/caselaw/decisions/x5yN6QjJe3Z0/cason...

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3 comments · 1 top-level

bryanrasmussen4y ago· 2 in thread

>I think it's probably nuanced? Like if a game warden sees you unload game from your truck them maybe they can go into your home without a warrant?

so just like if a cop sees you unloading dead people from your truck they can go into your home without a warrant.

User234y ago

The cop needs probable cause, which seeing you transporting corpses clearly is.

However, the game warden only needs suspicion. That’s a considerably lower bar to clear. He definitely doesn’t need to see the poached animals.

neaden4y ago

This isn't true though. Police can search with reasonable suspicion in all kinds of circumstances, Terry v Ohio for instance allows for the police to stop and frisk someone on reasonable suspicion of them being involved in a crime and armed. I haven't seen any citation that a game warden can enter your home and search your freezer on reasonable suspicion and all you've linked in a Quora answer by some guy who's qualification is "published author" not a lawyer or a legal opinion. If a game warden has reasonable suspicion that you are committing a crime they can pretty clearly search say a cooler you have with you when fishing, trying to say this means they can enter your house and search it is an unfounded leap.

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