SEAECH. 53 



In this connection mention may be made of a Wisconsin provision 

 authorizing action which is very similar to the operations in case of 

 extradition. By this provision wardens of other States are declared 

 agents of their States in Wisconsin and empowered to follow into 

 Wisconsin, seize, and carry back any game unlawfully shipped from or 

 taken in their States, and transportation companies are authorized to 

 deliver to such officers any game demanded. Wardens are further 

 empowered to dispose of game so seized in Wisconsin in accordance 

 with the laws of their respective States, but such disposition is to be 

 made under the supervision of an officer of Wisconsin, and the expenses 

 are made a lien on the proceeds. A further provision designates ward- 

 ens of other States as agents of Wisconsin for the purpose of seizing, 

 holding, and disposing of game protected by the laws of Wisconsin. 



SEARCH. 



SEAECH WITH WARRANT. 



The right to search certain places under warrant, and in some States 

 persons, has been quite generally conferred upon game wardens. With- 

 out the specific grant of this power by law it is questionable whether 

 it can be exercised. To authorize the issuance of a search warrant 

 there must be a complaint, under oath, charging a violation of the 

 game law, and such complaint should designate the place where the 

 game is concealed or stored. In several States the magistrate is 

 authorized to issue a search warrant upon affidavit of probable cause 

 for suspecting the concealment of game in certain places contrary to 

 law. The search provision of the Minnesota statute may be quoted as 

 an example of the drastic means adopted by most of the Western 

 States to enforce their game laws: 



Any court having jurisdiction may upon complaint showing probable cause for 

 believing that any bird, animal, fish or any part thereof caught, taken, killed or had 

 in possession or under control by any person, or shipped or transported contrary to 

 the provisions of this chapter, is concealed or illegally kept in any building, car or 

 receptacle, shall issue a search warrant and cause a search to be made in any such 

 place for any such birds, animals, fish or any part thereof, and may cause any build- 

 ing, inclosure or car to be entered, and any apartment, chest, box, locker, crate, 

 basket, package, or any other receptacle whatever to be broken, opened and the 

 contents thereof examined. (Laws of 1905, ch. 344, sec. 12.) 



The older States are more conservative and reluctantly grant the right 

 to search, even with a warrant. Thus Massachusetts did not confer 

 the right to search, under the game laws, till 1904, and then only under 

 warrant. In Mississippi and in most other States a private residence 

 can not be searched, and in Maine it can only be searched in the day- 

 time. 



The power to search persons stands on a slightly different footing. 

 In Michigan, Montana, Oregon, and West Virginia, persons suspected 

 of violating the game laws can be searched under certain conditions. 



