# GA DNR question



## jmfauver (Apr 11, 2010)

Does the GA DNR have the right without a warrent to come to your home and search it...What I am going on is that you have caught 30 "Bluegills" 3 days in a row so you have 90 in the freezer,which puts you over the daily limit...or is there no such "possession" limit in GA.....


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## Hoyt804 (Apr 11, 2010)

They can not come in your house and search anything without a warrant or permission from the homeowner.


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## GoldDot40 (Apr 11, 2010)

Hoyt804 said:


> They can not come in your house and search anything without a warrant or permission from the homeowner.



But they USED to be able to.....with probable cause. The laws changed several years ago which now says they need a search warrant.


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## JustUs4All (Apr 11, 2010)

Probable cause and exigent circumstances should get them in the house as well.


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## jmfauver (Apr 12, 2010)

This is why I asked the question,some friends and I were having the same discussion and the same things were brought up,if they have probable cause,can they enter,I mean they can come onto your property and search without a warrent if they have probable cause a crime is being committed....


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## Backlasher82 (Apr 12, 2010)

jmfauver said:


> Does the GA DNR have the right without a warrent to come to your home and search it...What I am going on is that you have caught 30 "Bluegills" 3 days in a row so you have 90 in the freezer,which puts you over the daily limit...or is there no such "possession" limit in GA.....



The good news  is, the daily limit on bream is 50.


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## jmfauver (Apr 12, 2010)

*Limit*



Backlasher82 said:


> The good news  is, the daily limit on bream is 50.



Not on waters shared w/ SC Pg 20


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## JustUs4All (Apr 12, 2010)

They can come on your property even if it is posted if they are in the course of their duties.  They can enter your home only if:
You give them consent to do so, or 
They have a search warrant for the residence, or 
They have an arrest warrant for a person who lives at the residence, or 
They have an arrest warrant for a person who they reasonably believe to be in currently in the residence, or
They have probably cause to believe that evidence of a crime exists in the residence and exigent circumstances exist.  The exigent circumstances would be those that would lead to the destruction of evidence or to harm to persons or property if time was taken to first secure a warrant before entering the residence.


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## Parker Phoenix (Apr 14, 2010)

Just because the daily limit is 30 does not mean you have exceeded your possesion limit......


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## jmfauver (Apr 14, 2010)

Parker,

I am used to a state where the possion limit is 2 days worth of fish,so if the limit is 30 you can only have 60 in your home or you are breaking the law and yes DNR can come to your home and inspect it when they want without a warrent so longas they have probable cause....this is why I am asking


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## Milkman (Apr 14, 2010)

Link to the page in the regs booklet that refers to the limit . read the top paragraph.

http://www.gohuntgeorgia.com/node/1297


Since none of our resident DNR folk have replied you may want to call your local DNR office and ask specifically about your concerns.


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## jmfauver (Apr 14, 2010)

*That is the confusion*



Milkman said:


> Link to the page in the regs booklet that refers to the limit . read the top paragraph.
> 
> http://www.gohuntgeorgia.com/node/1297
> 
> ...



We called DNR office 3 times last year...No call back or visit while fishing,I don't even have the 16 I took Sunday anymore,but this was a disagreement between 2 of us and I would like a defined answer...I left a message on Sunday w/ DNR and still nothing...


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## Milkman (Apr 14, 2010)

See your PM from me


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## littlerunner (Apr 14, 2010)

The answer is now NO and has always been NO. Your constitutional rights have been in place for a long time.  Its a common misconception even among some LE.


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## ylhatch (Apr 14, 2010)

man they can pretty much do what they wont to no matter what the laws state


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## jmfauver (Apr 14, 2010)

Thanks to those who responded but I am still confused and will contact the main DNR office since the folks for my area have not called me....


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## Throwback (Apr 14, 2010)

here you go. 

27-1-18.  Powers of conservation rangers generally 

   (a) Conservation rangers shall have the power and authority:

   (1) To enforce all state laws on all property owned or controlled by the department;

   (2) To enforce all state laws pertaining to functions assigned to the department;

   (3) To enforce any state law when the violation of that law is committed in conjunction with a violation of a state law pertaining to functions assigned to the department;

   (4) To enforce any state law when ordered to do so by the Governor or to protect any life or property when the circumstances demand action; and

   (5) At the expense of the department, to assist the Department of Public Safety and the Georgia Bureau of Investigation in carrying out their duties and responsibilities when requested to do so by the Department of Public Safety or the Georgia Bureau of Investigation.

(b) The commissioner may, and in the case of a request by the Governor shall, authorize and direct the department's conservation rangers to cooperate with and render assistance to any law enforcement agency of this state or any municipality, county, or other political subdivision thereof in any criminal case, in the prevention or detection of violations of any law, or in the apprehension or arrest of persons who violate the criminal laws of this state, any other state, or the United States, upon a request by the governing authority or chief law enforcement officer of any municipality, the sheriff of any county, a judge of the superior court of any county, or the Governor.
----------------------------------



27-1-20.  Additional powers of conservation rangers; functions of other agencies assigned to department 

   (a) In addition to the powers enumerated in Code Sections 27-1-18 and 27-1-19, conservation rangers shall have all the powers previously vested in any other law enforcement officers within the department including, but not limited to, the following:

   (1) To enforce all laws, rules, and regulations pertaining to wildlife and to boating safety and as otherwise provided;

   (2) To execute all warrants and search warrants for the violation of the laws, rules, and regulations pertaining to wildlife or to boating safety;

   (3) To serve subpoenas issued for the examination, investigation, and trial of all offenses against the laws, rules, and regulations pertaining to wildlife or to boating safety;

   (4) To arrest without warrant any person found violating any of the laws, rules, and regulations pertaining to wildlife or to hunting, fishing, or boating;

   (5) To seize and take possession of all wildlife or parts thereof taken, caught, killed, captured, possessed, or controlled or which have been shipped or are about to be shipped at any time and in any manner or for any purpose contrary to the laws, rules, and regulations pertaining to wildlife;

   (6) To go upon property outside of buildings, posted or otherwise, in the performance of their duties;

   (7) To carry firearms while performing duties pertaining to wildlife;

   (8) To seize as evidence, without warrant, any device other than a boat, vehicle, or aircraft when they have cause to believe that its possession or use is in violation of any of the provisions of the laws or regulations dealing with wildlife. For the purposes of this Code section, "device" includes any light, hunting apparatus, or fishing or netting gear or tackle;

   (9) To enter and inspect any commercial cold storage warehouse, ice house, locker plant, butcher shop, or other plant or building for the purpose of determining whether wildlife is being kept or stored therein in violation of the wildlife laws or regulations; and

   (10) To exercise the full authority of peace officers while in the performance of their duties.

(b) Unless inconsistent with this title, whenever any statute pertaining to an agency whose functions are assigned to the department refers to law enforcement personnel of that agency, that reference applies to conservation rangers.


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## Throwback (Apr 14, 2010)

There is no "possession" limit on bream like there is migratory birds. 


T


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## basslure (Apr 16, 2010)

Just like Throwback said . There isn't a possession limit on Bluegill. You just have your daily limit to abide by.


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## Dead Eye Eddy (Apr 16, 2010)

I hope they don't start enforcing possession limits on frozen fish and game.  I probably filletted and froze 200 dove breasts and 500 crappie last year.  I've still got a few packs of each left.


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## jimbo4116 (Apr 16, 2010)

Dead Eye Eddy said:


> I hope they don't start enforcing possession limits on frozen fish and game.  I probably filletted and froze 200 dove breasts and 500 crappie last year.  I've still got a few packs of each left.




It is illegal to have more than 50 bream in your possession unless they are in a residential or commercial storage facility.

The way the law reads if you got stopped with 50 iced down in the truck from yesterday and 50 in the boat from today you are illegal.


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## jmfauver (Apr 16, 2010)

The Bluegill was an example and not the main issue,it was can an agent w/ probable cause came into your home with out a warrent....I still am not clear but if I read it correctly ( from Throwback) if they believe you will destroy evidence then they can,but like I said this was a disagreement between 2 of us and depending upon how you read it we could both be right or both wrong.....Guess when someone gets busted and posted on the wall of shame we will know....


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## jmfauver (Apr 16, 2010)

*That is what I read as well*



jimbo4116 said:


> It is illegal to have more than 50 bream in your possession unless they are in a residential or commercial storage facility.
> 
> The way the law reads if you got stopped with 50 iced down in the truck from yesterday and 50 in the boat from today you are illegal.




That is what I read from Milkman as well...


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## jimbo4116 (Apr 16, 2010)

I think a better example of what you are after would be if you were stopped with 4 turkeys in your pickup bed would that be probable cause to search you freezer at home without a warrant.

I am no lawyer, but most likely so.  The probable cause and exigent circumstances is not black and white seems to me.


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## Twenty five ought six (Apr 16, 2010)

jimbo4116 said:


> I think a better example of what you are after would be if you were stopped with 4 turkeys in your pickup bed would that be probable cause to search you freezer at home without a warrant.
> 
> I am no lawyer, but most likely so.  The probable cause and exigent circumstances is not black and white seems to me.



Nope, wrong answer.

If you are stopped with 4 turkeys, and DNR believes you have more in the freezer, you (the defendant) are in custody and you aren't going anywhere, the freezer isn't going anywhere (it's not a car), the building in which it is located can be secured and it's not going anywhere-- so there are no exigent circumstances justifying a warrantless search.

Read the DNR weekly activity report, and you will see that the only warrantless searches of freezers and such are consent ones.  The situation (in one form or another) comes up pretty regularly.

Further, if you want to get really technical, the fact that you have 4 turkeys in you truck is not probable cause about the commission of another crime.  No more than having a doobie in the ashtray of your truck is probable cause that you are growing marijuana in your basement.


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## swamp hunter (Apr 16, 2010)

Not to HiJack , But can,t they just say , Their clearing the area ( home) for their Safety , And pretty much barge on in.


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## MIG (Apr 16, 2010)

Without hashing out the myriad exceptions (see posts above), the long and short of it is this...generally, no entry may be made absent a search warrant.  If you understand when the "regular" police (I don't know how else to phrase it) can enter and search a residence you have the answer to your question.  

FWIW, Fourth Amendment Rights, particularly when one's residence is involved, are not diminished solely because fish is the subject of the investigation.

Hope that helps.


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## Throwback (Apr 16, 2010)

jimbo4116 said:


> It is illegal to have more than 50 bream in your possession unless they are in a residential or commercial storage facility.
> 
> The way the law reads if you got stopped with 50 iced down in the truck from yesterday and 50 in the boat from today you are illegal.



27-4-10.  Creel and possession limits; size restrictions. 

   (a) It shall be unlawful to take in one day or to possess at any one time, except at a commercial storage facility or at one's place of abode, more than the creel and possession limits established by the board for that fish species; provided, however, that it shall be illegal to possess more than a total of 50 individuals of all species named in this Code section. It shall be unlawful to take from the waters of this state or to possess any fish species larger or smaller or in numbers greater than the limits established by the board in accordance with this Code section. The board shall establish creel and possession limits which shall be no greater than the following limits and shall establish sizes of fish species within the following ranges which may not be taken:



T


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## jimbo4116 (Apr 16, 2010)

Throwback said:


> 27-4-10.  Creel and possession limits; size restrictions.
> 
> (a) It shall be unlawful to take in one day or to possess at any one time, except at a commercial storage facility or at one's place of abode, more than the creel and possession limits established by the board for that fish species; provided, however, that it shall be illegal to possess more than a total of 50 individuals of all species named in this Code section. It shall be unlawful to take from the waters of this state or to possess any fish species larger or smaller or in numbers greater than the limits established by the board in accordance with this Code section. The board shall establish creel and possession limits which shall be no greater than the following limits and shall establish sizes of fish species within the following ranges which may not be taken:
> 
> ...



The way I read the statute is you can have no more than one days limit in your creel, meaning live well, ice chest, etc.

There is no limit to the number you can have in your refrigerator at home or the freezer locker( which I don't actually exist anymore) or a fish market.

And you can have no more than an aggregate of listed species totaling 50 as a daily limit.   Meaning you can have 47 blue gills and 3 largemouth.  Not 50 bluegills and 10 largemouth.

But maybe one of our legal eagles could straighten me out.


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## Throwback (Apr 16, 2010)

It would depend on the legal definition of the word "abode". 

T


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## jmfauver (Apr 17, 2010)

Thanks to all...I still am fuzzy but I think it has more to do with the way the state I was born and raised in does things.....I guess after living in one state for 35 yrs it takes some getting used to the new     ( state) way of doing things.....


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## Throwback (Apr 17, 2010)

JMF, 

The Constitution is the supreme law of the land. 


T


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