No. V-0022 (1947).

• Case Date: January 11, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0022 (1947). 1January 11, 1947Honorable J. G. LylesCounty AttorneyRobertson CountyFranklin, TexasOpinion No. V-22Re: Authority of a deputy game and fish warden to enter upon inclosed land where wild game is known to range or stray for any of the purposes enumerated in Article 919, Penal Code, without a search warrant and over the protest of the owner thereof.Dear Sir:This is in reply to your letter dated November 22, 1946, wherein you request the opinion of this department relative to the following question, and we quote:

"A, the owner and lessor of inclosed lands, has leased his lands to other parties for hunting purposes, and has complied with Article 908, Penal Code. A refuses permission to Game Warden to search his leased premises.

"Question: Does Game Warden have legal authority to enter A's premises over his protest without having obtained a legal search warrant?"

Article I, Section 9, Texas Constitution, provides:

"The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seisures or searches, and no warrant to search any place, or to seize any person or thing, shall issue

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without describing them as near as may be, nor without probable cause supported by oath or affirmation."

The Fourth Amendment to the Constitution of the United States reads as follows:

"The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, but no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Articles 871, 871a, 905, 906, 914, 919, Penal Code of 1925, Sections 1 and 6 of Article 978f, Vernon's Annotated Penal Code, and Article 4026, Revised Statutes, read respectively, in whole or in part as follows:

"Article 871. 'Commissioner'. The word 'commissioner' wherever used in this chapter, shall be held to mean the Game, Fish and Oyster Commissioner of the State of Texas."

"Article 871a. Wild birds and animals. All wild animals, wild birds and wild fowl within the borders of this State are hereby declared to be the property of the people of this State."

"Article 905. Commissioner to enforce game law. The Game, Fish and Oyster Commissioner and his deputies shall have the same power and authority as sheriffs to serve criminal processes in connection with cases growing out of the vielations of this chapter, shall have the same power as sheriffs to require aid in executing such process, and shall be entitled to receive the same fees as are provided by law for sheriffs in misdemeanor cases.

"Said Commissioner or any of his deputies may arrest without a warrant any

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person found by them in the act of violating any of the laws for the protection and propagation of game, wild birds or fish, and take such person forthwith before a magistrate having jurisdiction. Such arrests may be made on Sunday, and in which case the person arrested shall be taken before a magistrate having jurisdiction, and proceeded against as soon as may be, on a week day following the arrest."

"Article 906. Deputy Commissioners to enforce law. It is hereby made a special duty of the Game, Fish and Oyster Commissioner to enforce the statutes of this State for the protection and preservation of wild game and wild birds; and to bring, or cause to be brought, actions and proceedings in the name of the State of Texas, to recover any and all fines and penalties provided for in the laws now in

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