Game Warden as LEO?

[hi-power]

This was news to me.

A friend of mine has an ex-wife living in Strawn, (Palo Pinto county), with her husband and children. One of their kids bought a car from his step-brother, (who lives in Tarrant county), and drove it back to Strawn.

I don't know why someone called the game warden on him, but the GW ended up arresting the boy because a search of his new car yielded a bottle of prescription pills not belonging to him. (The pills were for the step-brother's pregnant wife, and she didn't take them out of the car when they sold it). Apparenltly he was able to explain that issue. We found out today that the only charge against the kid is going to be Public Intoxication, although a breath or blood test was not given.

My friend said that since there are no city cops, that the GW fills the role when needed. I had no idea they could arrest and prosecute for anything other than animal or environmental reasons.

Could someone set me straight on this by showing me where in the law it states that they can act as a regular LEO?

[carlson1]

I am sure TXI or someone else can post the law. However Wardens have full power as LEO's. As far as the Public Intoxication goes you do not have to give blood or breath for the arrest or prosecution. Wardens can even make traffic stops.

[txinvestigator]

We found out today that the only charge against the kid is going to be Public Intoxication, although a breath or blood test was not given.

No blood or breath test is required for a conviction of any alcohol or other intoxication charge in Texas. In cases of DWI a person must be offered the chance to submit to a breath or blood test; however, one is not required to obtain a conviction.

I had no idea they could arrest and prosecute for anything other than animal or environmental reasons.

Could someone set me straight on this by showing me where in the law it states that they can act as a regular LEO?

Sure

There are no such things as "regular LEO's" and limited authority LEO's in Texas. You are either a Peace Officer or you are not. A Peace Officer has full authority within his jurisdiction, and Game Wardens have statewide jursdiction.

Texas Code of Criminal Procedure

Art. 2.12. Who are peace officers.

The following are peace officers:

(1) sheriffs, their deputies, and those reserve deputies who
hold a permanent peace officer license issued under Chapter 1701,
Occupations Code;

(2) constables, deputy constables, and those reserve deputy
constables who hold a permanent peace officer license issued under
Chapter 1701, Occupations Code;

(3) marshals or police officers of an incorporated city,
town, or village, and those reserve municipal police officers who hold
a permanent peace officer license issued under Chapter 1701,
Occupations Code;

(4) rangers and officers commissioned by the Public Safety
Commission and the Director of the Department of Public Safety;

(5) investigators of the district attorneys', criminal
district attorneys', and county attorneys' offices;

(6) law enforcement agents of the Texas Alcoholic Beverage
Commission;

(7) each member of an arson investigating unit commissioned
by a city, a county, or the state;

(8) officers commissioned under Section 37.081, Education
Code, or Subchapter E, Chapter 51, Education Code;

(9) officers commissioned by the General Services
Commission;

](10) law enforcement officers commissioned by the Parks and
Wildlife Commission;
There are 25 more!

So, what gives them the authority to arrest?


Texas CCP

Art. 14.01. Offense within view.† [Crime committed within view of
peace officer.]

(a) A peace officer or any other person, may, without a
warrant, arrest an offender when the offense is committed in his
presence or within his view, if the offense is one classed as a felony
or as an offense against the public peace.

(b) A peace officer may arrest an offender without a warrant
for any offense committed in his presence or within his view.


Art. 14.03. Authority of peace officers.

(a) Any peace officer may arrest, without warrant:

(1) persons found in suspicious places and under
circumstances which reasonably show that such persons have been guilty
of some felony, violation of Title 9, Chapter 42, Penal Code, breach
of the peace, or offense under Section 49.02, Penal Code, or
threaten, or are about to commit some offense against the laws;

(2) persons who the peace officer has probable cause to
believe have committed an assault resulting in bodily injury to
another person and the peace officer has probable cause to believe
that there is danger of further bodily injury to that person;

(3) persons who the peace officer has probable cause to
believe have committed an offense defined by Section 25.07, Penal
Code (violation of Protective Order), or by Section 38.112, Penal
Code (violation of Protective Order issued on basis of sexual
assault), if the offense is not committed in the presence of the peace
officer;

(4) persons who the peace officer has probable cause to
believe have committed an assault resulting in bodily injury to a
member of the person's family or household; or

(5) (As added by L.2003, chap. 460(2). See other subdivision
(5) below.) persons who the peace officer has probable cause to
believe have prevented or interfered with an individual's ability to
place a telephone call in an emergency, as defined by Section
42.062(d), Penal Code, if the offense is not committed in the
presence of the peace officer.

(5) (As added by L.2003, chap. 989(1). See other subdivision
(5) above.) a person who makes a statement to the peace officer that
would be admissible against the person under Article 38.21 and
establishes probable cause to believe that the person has committed a
felony.

(b) A peace officer shall arrest, without a warrant, a person
the peace officer has probable cause to believe has committed an
offense under Section 25.07, Penal Code (violation of Protective
Order), or Section 38.112, Penal Code (violation of Protective Order
issued on basis of sexual assault), if the offense is committed in the
presence of the peace officer.

(c) If reasonably necessary to verify an allegation of a
violation of a protective order or of the commission of an assault
against a member of the family or household, a peace officer shall
remain at the scene of the investigation to verify the allegation and
to prevent the further commission of the violation or of family
violence.

(d) A peace officer who is outside his jurisdiction may
arrest, without warrant, a person who commits an offense within the
officer's presence or view, if the offense is a felony, a violation of
Chapter 42 or 49, Penal Code, or a breach of the peace. A peace
officer making an arrest under this subsection shall, as soon as
practicable after making the arrest, notify a law enforcement agency
having jurisdiction where the arrest was made. The law enforcement
agency shall then take custody of the person committing the offense
and take the person before a magistrate in compliance with Article
14.06 of this code.

(e) The justification for conduct provided under Section
9.21, Penal Code, applies to a peace officer when the peace officer
is performing a duty required by this article.

(f) In this article, "family," "household," and "member of a
household" have the meanings assigned to those terms by Chapter 71,
Family Code.

(g) A peace officer listed in Subdivision (1), (2), (3), (4),
or (5), Article 2.12, who is licensed under Chapter 415, Government
Code, and is outside of the officer's jurisdiction may arrest without
a warrant a person who commits any offense within the officer's
presence or view, except that an officer who is outside the officer's
jurisdiction may arrest a person for a violation of Subtitle C, Title
7, Transportation Code, only if the officer is listed in Subdivision
(4), Article 2.12. A peace officer making an arrest under this
subsection shall as soon as practicable after making the arrest notify
a law enforcement agency having jurisdiction where the arrest was
made. The law enforcement agency shall then take custody of the
person committing the offense and take the person before a magistrate
in compliance with Article 14.06.

Game Wardens have statewide jurdisdiction.

[seamusTX]

I don't know why someone called the game warden on him, but the GW ended up arresting the boy because a search of his new car yielded a bottle of prescription pills not belonging to him. ... the only charge against the kid is going to be Public Intoxication...

If this is the whole story, it's not my idea of justice. I hope they get a good lawyer who can get the charge dropped and his record purged (if they do that in Texas).

- Jim

[hi-power]

Wow! Thanks for the education, txinvestigator.

I had no idea, (and I don't know why not other than not giving it much thought), but I'm up-to-speed now.

[hi-power]

If this is the whole story, it's not my idea of justice. I hope they get a good lawyer who can get the charge dropped and his record purged (if they do that in Texas).

Knowing my friend, he probably left out some pesky little detail like the kid drinking in front of the Game Warden, but I don't know. If not, then you're right - a good lawyer will straighten that mess out easily.

[seamusTX]

Knowing my friend, he probably left out some pesky little detail like the kid drinking in front of the Game Warden, ...

Some people tend to forget those details. I hope the young man wasn't that stupid.

- Jim

[KBCraig]

I'm puzzled by the charge of PI, since the kid was driving. If he was driving while PI, then he was DUI (I assume he's under 21).

[srothstein]

In addition tot he post from TXInvestigator, I thought I would add in the following from the Parks and Wildlife Code, which used to limit game wardens:

§ 11.019. EMPLOYEES AS PEACE OFFICERS. (a) The director
may commission as peace officers any of the employees provided for
in the general appropriations act.
(b) Law enforcement officers commissioned by the director
have the same powers, privileges, and immunities as peace officers
coextensive with the boundaries of this state.
(c) Law enforcement officers commissioned by the director
have the same authority as a sheriff to arrest, serve criminal or
civil process, and require aid in serving criminal or civil process
coextensive with the boundaries of this state.
(d) A law enforcement officer commissioned by the director
may arrest without a warrant any person in this state found in the
act of violating any law.


So, yes, they can arrest for anything and can help when the local police are non-existent or busy. Normally, most state officers, including DPS, game wardens, and TABC agents, work as back-up for local officers, with the county Sheriff's Office handling the primary duties when there are no local police.

As for the PI instead of a DWI charge, it was probably done for a couple reasons. If the GW thought he had the drug case, he would probably have gotten lazy and not done the paperwork or testing for the DWI case. He may not have even had all of the forms needed for the DWI, which is a lot of specific forms that are not used for anything else. Then, when the drug case folded up, he went the easiest way to cover himself, with a PI arrest that is enough to avoid releasing the car and suspect right away. Some guys just don't understand that it is perfectly okay to say "I'm sorry, I will get you back out to your car and you are free to go".

[CHL/LEO]

KBCraig posted:

I'm puzzled by the charge of PI, since the kid was driving. If he was driving while PI, then he was DUI (I assume he's under 21).

You're correct if he was driving. While it's tough sometimes to get a DWI conviction on an adult it's pretty easy (at least in Dallas County) to get a DUI conviction on a minor. With the minimum being defined as "any detectable amount" all you have to do is smell it on their breath. In theory a minor could have taken a swig of any alcoholic beverage and then spit it out but if you can smell it on their breath then they can be charged.

The law regulating this is not under the Penal Code or the Transportation Code, but is from the Alcholic Beverage Code:

106.041. DRIVING UNDER THE INFLUENCE OF ALCOHOL BY
MINOR. (a) A minor commits an offense if the minor operates a motor
vehicle in a public place while having any detectable amount of
alcohol in the minor's system.

[HankB]

If the kid was driving, he would fall under the "Implied Consent" portion of the law . . . I'd think that charges of DWI or "refusal to submit to a breath test" would be in place.

A charge of "public intoxication" but not DWI or underage(?) drinking, when the kid was driving a car, sounds fishy to me . . . as does the probable cause for the stop and the search, if it's really a case of " . . . someone called the game warden" on him.

Unless there's a lot more to the story, maybe the only purpose is to force the kid to spend $$$ beating a baseless charge . . . a case of "Respect my au-thor-i-tay!"

(Usual disclaimer, IANAL.)

[NguyenVanDon]

I go fishing with my uncle a lot and we see the same Game Warden out there all the time. He usually gives us a and tell us to go on our way. We known him for years now and he's a nice fella. We chit chat about the fishing report for a little bit, but he let us go do our business there at the lake. The only time he checks our fishing/CHL license is at the beginning of September. The rest of the year, he doesn't bother us anymore

Edit: BTW, Game Warden has a lot of power. Think someone already mention about they have state-wide jurisdiction. Game Warden are totally hardcore if you get to talk to one.

[Will938]

I go fishing with my uncle a lot and we see the same Game Warden out there all the time. He usually gives us a and tell us to go on our way. We known him for years now and he's a nice fella. We chit chat about the fishing report for a little bit, but he let us go do our business there at the lake. The only time he checks our fishing/CHL license is at the beginning of September. The rest of the year, he doesn't bother us anymore

Edit: BTW, Game Warden has a lot of power. Think someone already mention about they have state-wide jurisdiction. Game Warden are totally hardcore if you get to talk to one.

One time I was picking up groceries at a gas station (its the only thing within 15 miles of my house). A GW and a deputy came in to eat. My friend and I (both over 21) went about our business. He got a beer (she burned a hole through his ID with her eyes), and to save time I bought it for him.

Oooooooh no I didn't, she threw a monkey wrench in that operation. Then proceeded to give us a 5 minute lecture about the rules of selling alcohol. Friggan fine, here's my ID. What is the big deal, just check mine and move on. The big bad GW isn't testing you, and even if he was it wouldn't require so much information on your part.

[CHL/LEO]

Oooooooh no I didn't, she threw a monkey wrench in that operation. Then proceeded to give us a 5 minute lecture about the rules of selling alcohol. Friggan fine, here's my ID. What is the big deal, just check mine and move on. The big bad GW isn't testing you, and even if he was it wouldn't require so much information on your part.

[Will938]

Oooooooh no I didn't, she threw a monkey wrench in that operation. Then proceeded to give us a 5 minute lecture about the rules of selling alcohol. Friggan fine, here's my ID. What is the big deal, just check mine and move on. The big bad GW isn't testing you, and even if he was it wouldn't require so much information on your part.

She literally threw her hands in the air as if she was a football ref and had just seen me facemask someone. I rolled my eyes harder than the time I was at an NRA youth shoot (I was 12), this guy was coaching me on the .22 rifle at 7 yards. The camera guy showed up behind us and I took my shot. Not even a second after I shot I removed my finger from the trigger and the guy went on a huge safety speech about how that trigger finger almost got me in trouble. Showboats