HMMMMMM. There IS case law!! It is called the Carroll Doctrine ruled on by the US Supreme Court in 1925 (?) And is still the case law. Used TODAY. So you asked and there it is. Even the laws stated clearly state there must be probable cause. Notice it doesn't say anyone who has a license? Why? Why say PC and have to prove PC which has been defined by the Court when they could just say possession of a license? I know the answer-because that is what the courts have said.
Why do they still do it? Because people think they can and never question it. Do cops do illegal searches? Sure do hopefully by mistake and not on purpose and that is why there are courts to hear supression hearings. Evidence is supressed everyday in this country as a result.
There are only two ways a search can be conducted.
1. Consent. Must be voluntary and yes the Court has set those standards and they can be difficult to prove but if you follow basic guidelines doable.A cop can just walk up to your house, knock on the door, and ask to search your house. You have a right to laugh and say no and close the door. .
2. Probable Cause- must be enough to lead a reasonable and prudent person to believe that a crime has been committed and evidence of that crime will be found during the search. There is only ONE level of PC. The officer can use it to ask the court for a warrant and must clearly state the place to be searched and what is being searched for(and yes the Court has set the guidelines on the minimum standards a warrant must meet as to location and item(s) to be searched)- or in exigent circumstances can act without the warrant as long as they have the same PC.There are not two SEPERATE levels of PC- only one Those exigent circumstances are not limited to vehicles, officer safety, and public safety but can be used to search houses as well.That's right-your home could be searched without a warrant!! The cops must still have PC and and an exigent circumstance and the courts will really look at the situation very hard-as they should! Most commonly in "life threatening" instances where it is unreasonable to take the time to get a warrant because someone will probably die But there must be PC and Exigent circumstances. The case law is the Carroll Doctrine(as exigent circumstances pertain to vehicles) which first ruled that a vehicle CAN be an exigent circumstance must also clearly stated there still must be PC to the same level needed for warrant-its just that the exigent circumstance doesn't allow the officer to take the time to do so.
So that's why the searches get done. Because they don't get questioned because the vast majority of the time nothing is found and no court cases are ever started. Hey, if I was a warden why would I tell you that you have right to say no? If they say we are going to search and you do not say no etc then it could be argued that you consented to the search and had an apportunity to object Guess what-if no one had every quesioned due process something called the Miranda Warnings would not exist.
As far as the TV show I think I saw that one too on Montana Wardens?? Remember, they do not need PC to stop a vehicle!! A much lower standard of proof call an articulable suspision is required. Hunting clothes, game cart in the back etc will probably rise to that level. Before a search could begin the next level of proof needs to reached called PC. Perhaps as the warden walks up to the truck there is an untagged deer in the back or maybe bloood and deer hair all over the tailgate and no one has a hunting license??
If people want to believe that a hunting license is PC to search then a warden could simply go to the court and say that Mr X has a license and I want to search his house and the court would grant it because here is ONLY ONE level of PC. Exigent circumstances do not lower the burden of PC proof. Now I'm not sure what crime they are going to claim to have occurred and what evidence of that crime they are going to find and how they know it is in your house(basic requirements) but it sure would make an interesting read...and yes most affidavits for warrants are open to the public unless the court keeps them secret for some time do to safety reasons etc. A term the courts use often to squash warrants comes to mind-vague.
Would I give consent to a warden to do a quick search of my camp or truck if I was hunting. Almost without doubt!! Just ask. They have a difficult job to do and would want them to move on to the next place where there may be poaching going on and not use their time with me. I was checked twice in WY this year and both were great. And I had moose antlers with me from a western unit but no meat, had shot an antelope near Casper but had no meat or horns, was scouting my elk unit in the bighorns two days early and had a deer tag for a unit several miles away. I showed him the moose antlers before he asked, explained the meat had been donated, had all the paperwork, and had a slip from the butcher for the antelope, check my elk tag....all in one neat file. His comment was, "wow" wish everyone would be like this. He never asked to search any of the coolers I had etc but if he had I would have said sure. We then dug out some of my maps and he pointed out a road across private that was open and would give me acess to some elk. He also pointed out a couple other spots to try. I filled my elk tag a few days later. That is how EVERY situation should go!!!Polite, helpful, but he also did his job and made sure I had the proper paperwork in order.
