Georgia DNR Conservation Ranger Arrest Powers, False Arrest, Excessive Bond

Georgia DNR Conservation Rangers are Certified Peace Officers in the State of Georgia and can enforce any laws of the state but what was the legislative intent for the arrest powers of Conservation Rangers (Gamewardens) with respect to the wildlife laws of the state? Did the legislature authorize a ranger to incarcerate someone and charge an excessive bail for an alledged violation of a regulation?

Category:

Pets & Animals

Tags:

• Gamewarden
• Georgia
• DNR
• Turtles
• Turtle
• Herpetology
• Reptile
• Reptiles
• Amphibian
• Corruption
• Justice
• Injustice
• Legislation
• Arrest
• False
• Imprisonment
• Bond
• Misdemeanor
• Excessive
• 8th
• Amendment
• 4th

[eddie79able]

fuck you asshole. get a gun and do what the law says.

[Delticola]

@eddie79able Wow, that's an interesting comment, what exactly do you mean? Do what the law says? And who should get a gun and what does that have to do with anything?

[Delticola]

@eddie79able Or is that some kind of threat? Do you work in law enforcement? Are you saying I need a gun for self protection of some sort from law enforcement?

[2204Alpha]

regarding your 1983 suit..... Police can arrest without a warrant for a felony or misdemeanor committed in their presence.Even if the information the officer relied upon later turns out to be false, the officer is not liable if he believed it was accurate at the time of the arrest. To prevail on a false arrest claim, the victim must show that the arresting officer lacked probable cause, that is, facts sufficient to cause a reasonable person to believe that a crime had been committed.

[Delticola]

@2204Alpha I completely agree with you. However, in 1976 there was a GA Sup Ct Case, Howell vs. State. rulled that Georgia DNR cannot charge criminal off. for regs. Reg. violations can only be punished by a civil penalty. 2 statutes came about in following legislative session. 1 that states that only a violation of, title 27, can be punished as a misdemanor. And another statute that stated that reg. were to be punished by a civil penalty. 27-3-132 B made the particular reg. illegal.

[Delticola]

@2204Alpha I completely agree with you. However, in 1976 there was a GA Sup Ct Case, Howell vs. State. ruled that Georgia DNR cannot charge criminal off. for regs. Reg. violations can only be punished by a civil penalty. 2 statutes came about in following legislative session. 1 that states that only a violation of, title 27, can be punished as a misdemanor. And another statute that stated that reg. were to be punished by a civil penalty. 27-3-132 B made the particular reg. illegal.

[2204Alpha]

@Delticola I don't see the problem with the bond and the charging instrument (citation or misd. warrant)? Plenty of GA case law says an officer has full discretion to APPLY for a warrant rather than issue a citation (except in a few of the nearly 700 traffic laws).

As far as bond goes the officer can PRESENT any relevant information to a judge but the elected magistrate judge still decides.

[Delticola]

@2204Alpha So with respect to your comments about "felony violations" or "federal violations." Nothing in my commentary here involves federal violations or felony violations. Everything I talk about is state of Georgia matters of law except the fact that I sued the various agents in federal court an won one case, other cases still pending. With respect to my charges they were state charges resolved by a jury acquittal (not guilty) for all 21 charges.

[Delticola]

@2204Alpha Right, all the charges I was given were "misdemeanor" state. The wildlife act of 1973 refered to in this video is the state of Georgia wildlife act of 1973 not to be confused with the Federal Endangered Species act of the same year. Yes, a judge issues bond. However often and in also as in this case the officer applying for the search warrant provides input to the judge, that specifically happened, the judge that signed the warrant commented to my attorney that same afternoon.

[2204Alpha]

The statue you read is in regards to misdemeanor violations of state game laws NOT felony violations or federal violations. For those the officer must either arrest you right then during the search warrant OR he has the option to APPLY for an arrest warrant...which in this case the judge issued (for federal he must apply to a US Magistrate judge)

Also a DNR ranger has nothing to do with bail...thats set by a magistrate judge in GA.