Can a game warden write citations based on hearsay?

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Can a game warden write citations based on hearsay?

A man, who pulled a pistol on 4 juveniles, told the officer that arrested him that the reason he did this was because the kids were night hunting by his land. The game warden

never saw the kids do any of what was accused never seen them with any guns. So how can tickets be issued?

Asked on December 15, 2016 under Criminal Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no requirement that an officer personally witness a crime or offense to issue a citation: all that is necessary is that there be evidence or credible (believeable) witness testmony as to the crime or offense. The level of evidence need to convict is higher than the level needed to write the citation in the first place, so it is certainly possible that this man's testimony would not be enough to convince a court that the kids were trespassing or night hunting...but on the other hand, they should not assume that just because it is his word vs. theirs, that they would win at trial. If he is a good, believable, consistent witness, his testimony could be enough.


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