Mayhem On the Mountain 4 FJB II

GovtMule

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In reference to the booze issue, unless I’m really missing some type of unknown 4th amendment issue, if the cooler is closed, and there is no sign of booze visible, the only way to look inside it would be a search warrant. Just sayn’
 
Todd627

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In reference to the booze issue, unless I’m really missing some type of unknown 4th amendment issue, if the cooler is closed, and there is no sign of booze visible, the only way to look inside it would be a search warrant. Just sayn’
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GovtMule

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And that being said, if there’s no sign of booze visible I’m not sure where the PC would come from in order to obtain the aforementioned search warrant. Maybe if the driver or passenger (s) had the odor.

Not condoning breaking the law, but if being sensible I don’t think there would be problems.
 
JenElio

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And that being said, if there’s no sign of booze visible I’m not sure where the PC would come from in order to obtain the aforementioned search warrant. Maybe if the driver or passenger (s) had the odor.

Not condoning breaking the law, but if being sensible I don’t think there would be problems.
Or just do like back in HS and fill up water bottles with vodka..........wait, what???
 
Backwoods

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In reference to the booze issue, unless I’m really missing some type of unknown 4th amendment issue, if the cooler is closed, and there is no sign of booze visible, the only way to look inside it would be a search warrant. Just sayn’
Thanks for the info Govt Mule
 
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Neohio

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In reference to the booze issue, unless I’m really missing some type of unknown 4th amendment issue, if the cooler is closed, and there is no sign of booze visible, the only way to look inside it would be a search warrant. Just sayn’
So.... If one were to stop at at popular hang out spot and pick up garbage, would that be PC for a warrant? Or would one be better having a dark garbage bag to hide the contents of trash picked up trail side?
 
Scoop

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In reference to the booze issue, unless I’m really missing some type of unknown 4th amendment issue, if the cooler is closed, and there is no sign of booze visible, the only way to look inside it would be a search warrant. Just sayn’
While 4th amendment protections generally do protect us against unlawful searches per se, there are exceptions to the search warrant requirement.

I'm not familiar with the specific laws, rules or ordinances in that area or TN, so be sure to check for any type of implied or informed consent laws or rules, posted or otherwise (e.g., vehicles or containers on these trails/property are subject to search).

Also, the same exceptions to a search warrant for an automobile or vessel would apply to a SXS (e.g., consent, exigent circumstances, hot pursuit, plain view/feel, incident to arrest, etc.).
 
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Scoop

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So.... If one were to stop at at popular hang out spot and pick up garbage, would that be PC for a warrant? Or would one be better having a dark garbage bag to hide the contents of trash picked up trail side?
Plain view doctrine applies. The officer has no idea if you've been cleaning up or pounding beers. If there are additional clues (signs) that you may have been drinking, those combined with the "garbage" in your vehicle could amount to what the officer believes is reasonable suspicion, which could/would justify additional investigation.

And to proactively answer the next question that I often get in these situations: Yes, I used to be (until my accident). 😉
 
GovtMule

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So.... If one were to stop at at popular hang out spot and pick up garbage, would that be PC for a warrant? Or would one be better having a dark garbage bag to hide the contents of trash picked up trail side?
It would be articulable but, I personally think it would be a stretch in the absence of odor on one’s breath, although technically empty cans in a buggy with a cooler present certainly would be reasonable doubt. Maybe store the “picked up” cans in a pack out or even in the cooler.
 
GovtMule

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Also, that would be the exception if it is implied that vehicles on the property are subject to search. You are basically agreeing to allow a search of your property in exchange for being there. (Not sure if this applies at RRB or not)
 
Neohio

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It would be articulable but, I personally think it would be a stretch in the absence of odor on one’s breath, although technically empty cans in a buggy with a cooler present certainly would be reasonable doubt. Maybe store the “picked up” cans in a pack out or even in the cooler.
I personally do not drink. So I am not terribly concerned. But my wife does like the occasional trail soda while out riding.
I am going to guess it is like every other encounter you have with a Police officer. How you treat them greatly reflects how they treat you. I am sure a garbage bag full of dirty and smashed cans could be identified as being on the trail some time and myself just doing some house keeping when we stop.
 
Scoop

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I am sure a garbage bag full of dirty and smashed cans could be identified as being on the trail some time and myself just doing some house keeping when we stop.
Make sure they don't ALL match exactly what's in the cooler, too! 😃

Most cans have lot numbers printed on them, so it's easy to tell if the ones in your cooler came from the same package as the empty ones.
 
GovtMule

GovtMule

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I personally do not drink. So I am not terribly concerned. But my wife does like the occasional trail soda while out riding.
I am going to guess it is like every other encounter you have with a Police officer. How you treat them greatly reflects how they treat you. I am sure a garbage bag full of dirty and smashed cans could be identified as being on the trail some time and myself just doing some house keeping when we stop.
The yeti or Brumate or other sealable cup/bottles can be pretty handy too. Just fyi.
 
JACKAL

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Game Wardens have "special powers" that regular police do not have. Now one could always argue in court if fined but..

FB IMG 1687888155197


Part of the agreement when purchasing a TN Hunt Fish combo license is to comply with all requests from Game Wardens while on State property/ jurisdiction. Hence buying the license is optional as is agreement to those terms. Probable cause and 4th Amendment was shoved up your bung hole when you checked the box to comply upon purchasing permit.

👌
 
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