TN Crappie Creel Limits - Page 4 - East Tennessee Fishing

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Old 03-09-2010, 12:23 PM   #31 (permalink)
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Yep, thanks Mark! I agree that intent is the main factor. We used to have benefit fish fry's at the church back home for folks with sicknesses and such, and would stockpile wallyeye, crappie, stripers and hybrids for them. We didn't break the law and keep over our limits but it takes a bunch of fish to feed a couple hundred folks. We never had any problems. However, the fools on Chick got what they deserved, and I read where the contents of their freezer were taken as evidence as well (apparently one of the idiots told the officer there were a bunch more fish in the freezer). They ought to get the book thrown at them. But Bubba down the road catching 3 or 4 limits of walleye on separate trips this spring and saving a couple messes for later in the year shouldn't have to worry.
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Old 03-10-2010, 03:50 PM   #32 (permalink)
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The wardens better of had probable cause and a warrant before searching his freezer. They wouldn't have gotten in mine without one. That is an improper invasion of privacy and was probably illegal entry. What is in a man's freezer, as long as it isn't a dead body, is nobody's business if you ask me. I have never broken a game law in my life. But when I lived back home and walleye fished all winter, 2 days a week, and crappie fished 4 or 5 evenings a week in the spring, we had a freezer on the back deck just for walleye and crappie, and you better believe it always stayed as full as we could get it. Right now I have Lord knows how many spots and quite a few crappie in the freezer, and if I catch a limit of crappie or a bunch of walleye in the next week you better believe they are going to be joining their recently fileted friends. The posession limit as explained to me has always been just that, actual fish in your possession. What you have at home shouldn't count. And I would be in even more trouble because I always have or quarter each individual filet haha. If the freezer counts they better check my septic lines too. Had some good crappie fishing last week and between me, my dad, and the rest of the folks that were over here this weekend for the fish fry, I am sure they could probably sift out more than my "possession limit" from my sewage.



By the way flipperjig, that rant wasn't aimed at you. If you say the wardens got into his freezer I am sure they did. And I respect wardens, there aren't enough of them and they do what they can. But the only time I know of when a freezer raid has happened has been when they have caught an egregious poacher with multiple priors and they sift through everything they can to try and take away privileges permanently. At least, that has been my experience. It could be different here.


Thought I would pass it along that if TWRA has probable cause that someone has something illegal in their home they can come in without a search warrant. Beleve it or not they are the only law enforcement organization that can do that. I am not going to argue my feelings just passing along the information. There are some restrictions on what they can do while in your home, what they can look for, and confiscate, but with PC they can come in without a warrant. If you think about it that is scary.
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Old 03-10-2010, 05:19 PM   #33 (permalink)
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Thought I would pass it along that if TWRA has probable cause that someone has something illegal in their home they can come in without a search warrant. Beleve it or not they are the only law enforcement organization that can do that. I am not going to argue my feelings just passing along the information. There are some restrictions on what they can do while in your home, what they can look for, and confiscate, but with PC they can come in without a warrant. If you think about it that is scary.


That is scary for a lot of obvious reasons, mostly dealing with privacy. But one thing that scares me about that that not even the wardens have probably thought about is that they have left open a legal loophole that even the most flagrant poacher could get off scot free with if he hired a good enough lawyer. Any aspiring legal student could tell you that is a violation of rights, namely no illegal searches and seizures. All officers under the law have to have a warrant to search your property without your permission and a good lawyer could have that case won from the get go. I would hate to see a true poacher get off with crimes because of something like that.
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Old 03-10-2010, 05:48 PM   #34 (permalink)
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That is scary for a lot of obvious reasons, mostly dealing with privacy. But one thing that scares me about that that not even the wardens have probably thought about is that they have left open a legal loophole that even the most flagrant poacher could get off scot free with if he hired a good enough lawyer. Any aspiring legal student could tell you that is a violation of rights, namely no illegal searches and seizures. All officers under the law have to have a warrant to search your property without your permission and a good lawyer could have that case won from the get go. I would hate to see a true poacher get off with crimes because of something like that.
It is a little more complicated than that. They cannot search you whole home but have to have grounds (PC) that you have something illegal in your home. If I remember correctly they have to be looking for something specific, and if I remember correctly a certain area and cannot search the whole house. Again, I am trying to blow the cobwebs out of my wildlife law class. It goes along with similar evidence collection for DUI arrest. The evidence, in the case of DUI blood alcohol levels, can be lost if it is not collect in a quick time frame. I don't think any game warden would chance entering a home without a warrant unless they were in hot pursuit and had very good probable cause. I don't think some street informants information would be credible enough to enter someone home without a warrant. In all the years I have worked around TWRA I have never known of them initiating this type of search and in a high profile case I think you are right, they would go through the legal system to get a warrant. The only situation I can think of wouild be if they had cause to believe something was going to happen to the evidence and I really don't think a few extra crappie being eatten at a fish fry would fit into that arena. It would be nice if one of the TWRA officers would attach a thread so inquiring minds would know.



I thought fishing was about fun and all this law stuff makes for misery. Oh yea, you and I are supposedly out helping ramp people and laughing at know-it-alls. If you are at the ramp and see a blue Skeeter drop over. Besides, the one thing I have never had to worry about is being over a limit--you don't have what you don't catch. From some other post it sounds like the crappie are turning on so I hope to be out later this week and try for a limit. If I get it I will post and pardon me just a moment if I brag. See ya.
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Old 03-10-2010, 07:21 PM   #35 (permalink)
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It is a little more complicated than that. They cannot search you whole home but have to have grounds (PC) that you have something illegal in your home. If I remember correctly they have to be looking for something specific, and if I remember correctly a certain area and cannot search the whole house. Again, I am trying to blow the cobwebs out of my wildlife law class. It goes along with similar evidence collection for DUI arrest. The evidence, in the case of DUI blood alcohol levels, can be lost if it is not collect in a quick time frame. I don't think any game warden would chance entering a home without a warrant unless they were in hot pursuit and had very good probable cause. I don't think some street informants information would be credible enough to enter someone home without a warrant. In all the years I have worked around TWRA I have never known of them initiating this type of search and in a high profile case I think you are right, they would go through the legal system to get a warrant. The only situation I can think of wouild be if they had cause to believe something was going to happen to the evidence and I really don't think a few extra crappie being eatten at a fish fry would fit into that arena. It would be nice if one of the TWRA officers would attach a thread so inquiring minds would know.



I thought fishing was about fun and all this law stuff makes for misery. Oh yea, you and I are supposedly out helping ramp people and laughing at know-it-alls. If you are at the ramp and see a blue Skeeter drop over. Besides, the one thing I have never had to worry about is being over a limit--you don't have what you don't catch. From some other post it sounds like the crappie are turning on so I hope to be out later this week and try for a limit. If I get it I will post and pardon me just a moment if I brag. See ya.


If you see a red and white hydra sports you say hello too. Who knows, I might even help you launch haha.
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Old 03-11-2010, 05:21 AM   #36 (permalink)
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If you see a red and white hydra sports you say hello too. Who knows, I might even help you launch haha.


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Old 03-22-2010, 09:08 PM   #37 (permalink)
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My problem is trying to catch a limit....and making it last for several meals
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