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Dwyer questioned whether it’s true—as the game warden asserts—that the warden can’t make an arrest unless he sees a violator actually in the act of shooting game on posted, private property. He maintained that anyone attempting to hunt meets the definition of hunting as set by the Virginia Code.
In a recent Virginia Supreme Court case, he continued, the justices found there was probable cause to arrest when a game warden saw a pick-up truck parked af night in a posted field with a gun in the back. I “The sheriff says he
cfoesn’t have enough manbower. The Virginia Code stays that if he doesn’t enforce the law, the commonwealth’s Attorney can bring a petition in circuit court to remove /him...It provides for criminal / penalties if he doesn't enforce / the law,” Dwyer said. ' He also noted that the Code provides for (1) the confiscation of the weapons of any wrong-doer (2) appointment of special game wardens. (3) special conservators of the peace appointed by the circuit court and (4) the appointment of deputy sheriffs.
“Those are the tools we have to work with. The excuses we are hearing—that there is no authority—the law refutes that. We have authority."
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