Traffic stops/deer checks?

[jjb4900]

§ 71-0525. Powers of designated departmental officers and employees and members of the state police

1. All police officers, such employees as may be designated by the commissioner, and all peace officers, when acting pursuant to their special duties, shall enforce the provisions of this chapter listed in section 71-0501 or under titles 5 through 15 inclusive and title 33 of this article, or of judgments obtained for violation thereof, and shall have, particularly, the following powers:

a. To execute all warrants and search warrants issued for violation of articles 11 and 13 and titles [FN1] 9 of this article and to serve subpoenas issued for examination, investigation or trial of offenses against any of its provisions;

b. To search without search warrant any boat or vehicle of any kind, any box, locker, basket, creel, crate, game bag, package or any container of any nature and the contents of any building other than a dwelling whenever they have cause to believe that any provision of this article or of any law for the protection of fish, shellfish, crustacea, wildlife, game or protected insects has been or is being violated, and to use such force as may be necessary for the purpose of examination and search;

c. To search any dwelling and its contents, provided they have a search warrant to do so;

d. To arrest without warrant any person committing in their presence a misdemeanor under this chapter listed in section 71-0501 or under titles 5 through 15 inclusive and title 33 of this article and to take such person immediately before a magistrate having jurisdiction for trial.

2. A peace officer, acting pursuant to his special duties or a police officer shall have the same powers as environmental conservation officers and state police under the fish and wildlife law [FN2], except the power to search without a warrant.

CREDIT(S)

(L.1972, c. 664, § 2. Amended L.1980, c. 843, §§ 128, 129.)

[FN1] So in original. Probably should read “title.”

[FN2] ECL 11-0101 et seq. and 13-0101 et se

Edited November 6, 2013 by jjb4900

[Culvercreek hunt club]

they have more latitude when it comes to warrantless searches under certain circumstances.

Only if you allow it.

[jjb4900]

Only if you allow it.

not under all circumstances..........I posted the section from the ECL about warrantless searches, 1b.

Edited November 6, 2013 by jjb4900

[Culvercreek hunt club]

not under all circumstances..........I posted the section from the ECL about warrantless searches 1(.

Yup you did. And it still specifies "cause". There still is no authority to search without cause

[jjb4900]

Yup you did. And it still specifies "cause". There still is no authority to search without cause

that applies to ECO's, not your local police dept....that's the point I'm making..............you're local police cannot search your shed on cause without a warrant, ECO's can.

Edited November 6, 2013 by jjb4900

[Culvercreek hunt club]

that applies to ECO's, not your local police dept....that's the point I'm making..............

Ok I am lost. Are you agreeing or disagreeing with me. Lol

[cdmckane]

that applies to ECO's, not your local police dept....that's the point I'm making..............you're local police cannot search your shed on cause without a warrant, ECO's can.

I just called an ECO I hunt with.  They cannot search without a warrant as well.  Their criteria for obtaining a warrant is different, but they still need a warrant

[Five Seasons]

I just called an ECO I hunt with.  They cannot search without a warrant as well.  Their criteria for obtaining a warrant is different, but they still need a warrant

 

if the deer is in plain view; can they search your firearm case?

if there is blood trickling out the tailgate of your tonneau covered bed; can they search the bed and then the firearm case?

if you're decked out in hunting camo, boots etc. can they search your bed?

[Danny]

True, BUT and here a big BUT law enforcement makes up BS to support their goals.

 

your honor upon approaching the vehicle i saw the suspect reach towards his passenger seat which gave me cause to believe he had a weapon, ect...  they do it all the time if they find nothing they let you go if they find something they make up the BS that gave them probable cause, most people don't have thousands of dollars to afford a defense, unless of course your rich and famous, oh yeah that's right those guys never goto jail

[Culvercreek hunt club]

if the deer is in plain view; can they search your firearm case?

if there is blood trickling out the tailgate of your tonneau covered bed; can they search the bed and then the firearm case?

if you're decked out in hunting camo, boots etc. can they search your bed?

They need probable cause an illegal activity has taken place. If the tag isn't filled out right or the date cut. Any violation them all bets are off. You can show them the deer and that harvest is NOT grounds to search your gun case

[Culvercreek hunt club]

Listen. I am not saying don't comply. Just know and understand what you HAVE to do and make you choices accordingly

[jjb4900]

if the deer is in plain view; can they search your firearm case?

if there is blood trickling out the tailgate of your tonneau covered bed; can they search the bed and then the firearm case?

if you're decked out in hunting camo, boots etc. can they search your bed?

if they have cause to believe a violation of the ECL has occured.........I think the question many have asked is if ECO's have different rules than other agency's and the answer is yes, depending on the circumstance.

[Merlot]

I just properly tag my harvested deer and take it to a deer processor, pay the man, pick up my meat and get outta Dodge...no volunteering of info from me, except for properly reporting my kill to the DEC.

[cdmckane]

They need probable cause an illegal activity has taken place. If the tag isn't filled out right or the date cut. Any violation them all bets are off. You can show them the deer and that harvest is NOT grounds to search your gun case

 

 

if the deer is in plain view; can they search your firearm case?

if there is blood trickling out the tailgate of your tonneau covered bed; can they search the bed and then the firearm case?

if you're decked out in hunting camo, boots etc. can they search your bed?

Belo,

NO, NO, NO.

 

Just because there's a deer in my truck, what probable cause do they have to search my case? (btw, my gun in never in a case, it's laying on the back seat of the truck, unloaded of course)

 

If there's blood, they can ask to see what's in the bed (probable cause is the blood), once they see it's a deer that's legally tagged, I'm free to drive away.

 

I know lots of guys, and gals, that dress in camo all year long.  Please tell me how this is probable cause to search for illegal activity.

[shawnhu]

Belo,

NO, NO, NO.

Just because there's a deer in my truck, what probable cause do they have to search my case? (btw, my gun in never in a case, it's laying on the back seat of the truck, unloaded of course)

If there's blood, they can ask to see what's in the bed (probable cause is the blood), once they see it's a deer that's legally tagged, I'm free to drive away.

I know lots of guys, and gals, that dress in camo all year long. Please tell me how this is probable cause to search for illegal activity.

I now walk around NYC in camo and get weird looks, but never stopped by LEO yet to search, lol

I also fish in camo, don't get pulled over and searched either.

X-Calibur Lighting Systems

http://facebook.com/XCaliburLightingSystems

[cdmckane]

I now walk around NYC in camo and get weird looks, but never stopped by LEO yet to search, lol

I also fish in camo, don't get pulled over and searched either.

X-Calibur Lighting Systems

http://facebook.com/XCaliburLightingSystems

Just being in NYC is probable cause for a search due to mental illness!  JK. I love visiting NYC, but I much more love the view of the GWB in my rear view mirror!  BTW, good luck with that new mayor of yours'!

[shawnhu]

Just being in NYC is probable cause for a search due to mental illness! JK. I love visiting NYC, but I much more love the view of the GWB in my rear view mirror! BTW, good luck with that new mayor of yours'!

I believe "stop as frisk" is still in effect, so yeh, no probably cause needed in NYC. Just be sure to open wide.

X-Calibur Lighting Systems

http://facebook.com/XCaliburLightingSystems

[Elmo]

BTW, good luck with that new mayor of yours'!

 

Crime is definitely going to rise for sure.  We need to arm ourselves...oh wait...can't.

[accman]

Guys, can't see giving them a hard time when they're out there to help us.  If I get stopped, "Sure, it's in the trunk."  and I'm on my way.  I've had to call on the Staties and DEC quite a few times in my lifetime and I'm glad they were around.  Sure, you can tell them to get a warrant.  Got a couple of hours to kill waiting for it, and besides, are you sure that the tires your riding on aren't a little bare and worthy of  a ticket just for being a hardass. Not worth it.

[cdmckane]

Crime is definitely going to rise for sure.  We need to arm ourselves...oh wait...can't.

OK, apparently we're only allowed to "like" a certain number of posts a day.  I'd like this, but it won't let me.

[shawnhu]

OK, apparently we're only allowed to "like" a certain number of posts a day. I'd like this, but it won't let me.

I'd like this, but then my quota wouldn't allow me to like the threads about strippers.

X-Calibur Lighting Systems

http://facebook.com/XCaliburLightingSystems

[Elmo]

I'd like this, but then my quota wouldn't allow me to like the threads about strippers.

X-Calibur Lighting Systems

http://facebook.com/XCaliburLightingSystems

 

Wait...there was a thread on strippers and you guys didn't call me?  That's a direct violation of Article 107 of the Bro Code.

[cdmckane]

Guys, can't see giving them a hard time when they're out there to help us.  If I get stopped, "Sure, it's in the trunk."  and I'm on my way.  I've had to call on the Staties and DEC quite a few times in my lifetime and I'm glad they were around.  Sure, you can tell them to get a warrant.  Got a couple of hours to kill waiting for it, and besides, are you sure that the tires your riding on aren't a little bare and worthy of  a ticket just for being a hardass. Not worth it.

Exercising our Constitutional rights is "giving them a hard time"?  If they feel the need to ask me what's in my trunk, I have the right to be presented with a warrant declaring what they think they're going to find in my trunk.  If they think they have grounds for a warrant, then I'm more than happy to wait for it to come through.  The tire comment? Well if they're that bad, then I deserve a ticket anyway.

[Fletch]

Used to be mandatory stop coming out of Tully years ago. Roadblock stopped every car and if you had deer you were pulled off to check tags and such. Never had an issue they were all pretty nice. Then the check was along 81 just north of Tully and then money ran out now It is there for a few hours opening day for research I think. I hunt all day so it is gone when I come through.

[Culvercreek hunt club]

Guys, can't see giving them a hard time when they're out there to help us. If I get stopped, "Sure, it's in the trunk." and I'm on my way. I've had to call on the Staties and DEC quite a few times in my lifetime and I'm glad they were around. Sure, you can tell them to get a warrant. Got a couple of hours to kill waiting for it, and besides, are you sure that the tires your riding on aren't a little bare and worthy of a ticket just for being a hardass. Not worth it.

They still need cause for a warrant. If they have it then go get it. If not I will be on my way. I didn't use to have this attitude but they are the ones that decided to raise the bar so game on