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Thanks for looking that up TK. I was too lazy to try to find the TCA citation.
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Very glad you posted this TK. Might've saved me some embarrassment, time, money.........
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Thanks,That's what we do Merv !! <'TK><
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And now, if you can just get SAMBOLIE to QUIT PICKIN ON ME!!!
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Not to argue with you, TK, but here is the statute:
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Pookie, that's why you have to read the cases that go along with the statute. The e-mail TK quoted above was from me. I just hadn't had a chance to follow up with the forum at the time he posted it.
The Court upheld the constitutionality of warrantless vehicle searches under the statute in question in Monroe v. State, 253 S.W.2d 734 (Tenn. 1952). I mentioned Monroe in my e-mail that TK quoted. The Hall case is an older case saying the same thing under a prior, similar statute, and there's another case from 1953, Hughes v. State, saying essentially the same thing. They are all pretty old cases but it's still good law. |
You have read the law ...<'TK><
Your probably like myself and dozens of others ... Really don't like it ... But as bd put's it ...It is like the DUI breathalyser test ... You don't have to do it ... But most likely you will pay in the end ...
With this said ... The attorney has stated the law ... And most likely knows who is going to win out in these cases ... So, info 101 on TWRA Search of Vehicles and Boats has been quoted via by your friendly neighbourhood community service website ... www.Fishingtn.com ... I think this thread has been thoroughly covered from all angles of right and wrongs ... So you be the judge if you are ever put in this situation ... I agree with Merv ... I think I will save time and money (As long as the Officer is professional ) If not I have other alternatives ... ... <'TK>< :) |
Yep !! <'TK><
:)
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Sambolie Uummmm!! <'TK><
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Merv, we need to be thankful to TK for providing us a place to learn and have our fun. So many great people on here. This thread is a prime example. We learned a lot and did not have to pay an attorney for legal advice. Thanks bd. If I did not like you I would not pick on you. You can give as good as you take. |
Just a thought on the law.... if it doesnt exclude it ( the vehicle ) would it be considered included?
Hammy |
I normally do not wade into arguments on forums since it is usually not productive but I felt the need to post on this one. While being checked and search by TWRA can be a PITA and time comsuming what is the issue? If you go back and search thru the forum you will find many times someone asking for TWRA number to report:
Too many fish Small Fish The coke bottle fisherman on the tail waters. Saw one about someone pointing a gun Vandalizing property in state parks And I could keep going on. My father was a Chicago policeman his whole life and always told me the only time cops are liked is when they are needed :) Again while its a PITA and I sympathize with it, it should be a non issue with everyone on here as we constantly ask for them to do things also |
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Speaking as an attorney here...
When you fish, you're fishing under a license. A license is very different from a right (such as voting). At common law, a license is freely revocable. It can be taken away for just about any reason. For instance, everyone who possesses a driver's license has given their implied consent to a breathalyzer test on TN roadways. Failure to comply can result in immediate revocation of the license to drive. A fishing or hunting license is also freely revocable, and all holders are subject to the extra conditions that come with said license (including car/cooler searches). FYI, a ticket to any movie or event is also a license (and freely revocable). If you had front row seats to Dwight Yoakam at the Ryman and Hayden Panettiere decided she wanted your seat, the Ryman could revoke your ticket (give you your money back), and give the ticket to her. Are these search provisions "good law"? At the risk of pouring gasoline on a political discussion, I'm personally horrified at the militarization of our police and the constant intrusion of government into my life. That said, most TWRA officers I've encountered are super nice, professional, and simply working to protect the fisheries I love. |
Uummmm <'TK><
:)
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