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ni uie supervisors meeting fast week, chairman E. P. Luke tossed a smoke bomb at the proposed ordinance designed to help control road hunting in Rappahannock. Clouding the issues with questions of constitutionality, he described laws that would prohibit transporting loaded rifles and shotguns in a motor vehicle as illegal search and seizure. u
He did this despite the commonwealth’s attorney’s assurances that the ordinances, if adopted, will be SUBJECT TO the laws of search and seizure.
The issue raised by the proposed new laws is not constitutional. It’s not whether we’re going to allow unreasonable search and seizure in Rappahannock. The issue is whether we’re going to give our game warden a tool to fight slob hunters who brazenly cruise up and down the back roads at five miles per hour, looking for deer to kill on posted property.
What doesn’t the proposed ordinance do? It doesn’t give the game warden the right to arbitrarily stop and search cars.
First, he must have reasonable cause to believe that an individual has a loaded rifle or shotgun. Reasonable cause doesn’t cover a pick-up truck traveling down Route 211 with a rifle stowed in the rack. Reasonable cause does include that same pick-up driving five miles per hour back and forth on the Shade Road with a barrel sticking out the window. It covers the pick-up if it’s parked on the shoulder of Route 729 at daybreak with guns propped up on the seats.
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