1904 Ky. Acts 150-51

1904 Ky. Acts 150-51

Abstract

An Act Creating the Offices of Fish and Game Wardens and Defining the Powers and Duties and Fixing the Compensation of such Officers, and for the Further Protection and Preservation of Fish, Game and Birds in the State of Kentucky, ch. 68,§ 3: Game wardens . . . may arrest on sight and without warrant any person detected by them in the act of violating any such law; they shall have the same right as sheriffs to require aid in executing any process or in arresting without process any person found by them in the act of violating any of said laws; and they shall have authority to seize without process; and birds, fish or game then found in the possession of any such person, together with the guns, nets, seines, traps or other devices, with which the same were taken or killed, and destroy or confiscate such guns, nets, seines, traps or other devices, and forthwith convey such offender before a court or magistrate . .

Summary

This section empowers fish and game wardens to seize, without a warrant, any guns or other devices (such as nets, traps, or seines) used by an individual caught violating wildlife protection laws. Upon making a warrantless arrest, the warden is authorized to either destroy or confiscate the seized firearms and hunting equipment before immediately bringing the offender before a magistrate for trial.

Law Text

§ 3. It shall be the duty of fish and game wardens to enforce within this State all laws relating to the protection, preservation and propagation of fish, birds and game. Each fish and game warden shall have full power to execute and serve all warrants and process of law issued for, in connection with or growing out of, the enforcement of any law relating to the protection, preservation or propagation of fish, birds and game in the same manner and to a like extent that any sheriff or constable may serve and execute such process, and shall be entitled to the same fees for said services as are now allowed by law to sheriffs for similar services in criminal cases. They may arrest on sight and without warrant any person detected by them in the act of violating any such law; they shall have the same right as sheriffs to require aid in executing any process or in arresting without process any person found by them in the act of violating any of said laws; and they shall have authority to seize without process; and birds, fish or game then found in the possession of any such person, together with the guns, nets, seines, traps or other devices with which the same were taken or killed, and destroy or confiscate such guns, nets, seines, traps or other devices, and forthwith convey such offender before a court or magistrate, having jurisdiction of the offense, and such court or magistrate shall, upon the filing by the warden of a proper complaint, proceed speedily to try and determine the truth of the charge.