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Post by ogbohica on Sept 25, 2023 13:37:11 GMT -5
Thats called reasonable suspicion, not probable cause. It’s reasonable to suspect that it’s probable that the person is a hunter returning from a hunt which is cause to stop and search. There you go! I think I covers both for you!🤣 I think someone with more experience than both of us summed it up nicely... |
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Post by bullfrog on Sept 25, 2023 14:07:25 GMT -5
Reasonable suspicion vs probable cause:
Both standards are low. RS is less than PC. A stop based on RS means the LEO has RS to believe you’re committing a crime. Its not enough to arrest you, just detain you and figure out whether the suspicion is justified. RS doesn’t actually allow for a search in and of itself. Its only for detainment purposes. PC means the officer has reason to actually arrest you or depending on circumstances, search your person or stuff.
In traffic stop case law, RS usually means the LEO thinks you’re DUI, dealing drugs, or some other crime the LEO thinks is happening in his presence based on his observations. While PC means you actually completed the offense in his presence, such as you sped in front of the LEO or blew through a stop sign. PC cause to stop you while driving most often pertains to PC you committed a civil traffic offense.
A stop to check for hunting violations can live in a different world than eithe RS or PC. Its more of an administrative stop just the same way Department of Agg can check your semi when you come into the state regardless as to whether they see a violation or not.
If the game warden doesn’t see indicia of hunting to justify an administrative check, then the standard RS/PC standards apply as they would in any other traffic stop.
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Post by walkerdog on Sept 25, 2023 20:04:05 GMT -5
It’s reasonable to suspect that it’s probable that the person is a hunter returning from a hunt which is cause to stop and search. There you go! I think I covers both for you!🤣 I think someone with more experience than both of us summed it up nicely... I agree. He said pretty much what I did. |
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Post by ogbohica on Sept 27, 2023 14:19:35 GMT -5
I think someone with more experience than both of us summed it up nicely... I agree. He said pretty much what I did. Ya, that punt sailed way over your head.. next |
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Post by saltybum on Sept 28, 2023 13:29:21 GMT -5
Hmmm...Bentley = likely drug dealer = search.
Billy Bob big rig with orange clay in wheel wells = hunter heading south = search for whatever.
Ladder stands in the bed...just pull over.
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Post by walkerdog on Sept 28, 2023 18:48:34 GMT -5
I agree. He said pretty much what I did. Ya, that punt sailed way over your head.. next Sounds like you’ve graduated from Wide Right to Shankopotamus! Your leg ain’t what it used to be back in the 80’s. You should probably hang up your cleats!🤣 |
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