Untitled Texas Attorney General Opinion ( 1942 )

_: I.:
OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Qw, Vish and Oyster Conmdssion
us tin, Texas
QetAtlemen~ Attentlont Mr. Vm J Tucker
(\ 1,
Opi.tionX0. 9+984&A
4. \
Re: Whether +-W&t-,look plants are
oold storqe plaws, s de-
y Artitle 9 , aal
a
ve h&we your let an opbion upon the
above subjeot matter, as f
fish wardens
Z'eoordbooks
loyse of slwh
misdemeanor 8nd
ned in a sum not
han $800.00 if he
eoord or refuses to per&t a
en to inspeat such plant.
plants are in operation at
tackers are rented
riclualsat so much per month
or per anuum. The lessee is furnished with a
kq to his locker; the operator of the plant
may or may not possess a key to the looker.
*Are these 1OOkQr plants oold storage
plants 8~ defined by the Artiole cited above
and would a game and fish warden have author-
ity to searoh these private lockers without a
search warrant if he had good reason to believe
that game animals or game W.rde were stored in
them?*
Q81pe,
Iish and Oyster Com~&eeion - page 2
I
Article 809 of the Penal Gode, so far as pertinent,
r&8
*It shall be unlawful for any person to
plaob2in any PbUc aold storage plant, or for
any operator or employee of any such cold stor-
age plant to plao,eor aooept for placing in
suah sold storage plant, any game bird or game
aniaml of this Gtate at any time sseept during
the open season prwided for the taking of same
and for a period of three day8 hmediately
thereafter.
sl'heowner or operator of any public oold
storage plant, which intends to aeospt or &oss
aooept, any game bird or game animal of this
State for storage, before aassptlng same shall
prwide a book in whioh he shall keep a legible
reosrd Such rsoord shall show the name of each
l
and every person plaoing any game bard or game
ax&ml on storage in suoh pblio cold storage
plant, the name of the person for whom it is
plaoed on storage, the number of same, the Id&
of game bird or game animal plaoed on storage
8nd the d8te oa rhioh suoh gaussbird or game
anirpl is plaoed on storage. Mr the purpocre
of this dot, anj plant in which gams is stored
for any person, other than the owner of suoh
plant, Is hereby defined as a pub110 oold stor-
age plant0 Any public cold storage plant, or
the reoord book required to be kept in euoh a
plant, shall be subfect to inspeationby any
gaaa and fish warden OP this State at any time
and no warrant shall be required therefor.*
It Is our opinion that the locker plants described'
by you are cold storage plants, umlsr this Mtiole, and our
oenoluslonIs impelled by the following language therein;
lo +?+ For the purpose of this Ad, any
plant in Which game is stored for any person,
other than the owner of such plant, is here-
by deffned as a public storage plant. + * sa
Furthermore,we think the plain letter of the
statute authorizes any gam% an& fish warden to searoh suntch
private lockers.withouta search warrant, that language being+
"Any public cold storage plant, or the
reoord books required to be kept in such a
plant, shall be subjeot to inspeotionby any
gams and fish Mrden of this State at any
time ahd no warrant shall be required there-
for.9
Suoh right of search is not in violation of lrtiole
1, section 9, of the ~onstltution, forbidding unreasonable
searoh and eeiaure, as evidencedby the following authorities:
Hew Way Lumber Co. v. Badth, 06 8. V. (2) 292;
Moore Y. Adams, 91 6. V. (2) 447;
Blaokburn v. State, 66 8. I. (2) 697i
InterstateFonarding Co. v. Vineyard, Tax
Assessor, I9 8. We (2) 4Q3; Same ease,
3 9. w. (2) 9Wl
Pence v. State, 899 8. ‘1. g42j
Battle v. State, 299 8. V. 792j
ICarrv. Baldwin, 87 Fed. (2) 268.
of course, such searoh may not be arbitrarilyside
wttbout the existmoe of reasonable grounds or belief es a
basi8 therefor. See the foregoing authorities,likewise
Qhapin t. State, 396 8. W. 1996.
Trusting that this will be a suffioient answer to
your inquiries,we are
very truly yourm
ATTbRIIIZTGiBWRAL W T,2X@
&; J&
BY
Ooie s(peer
Assistant
0S-MR