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Rambo
07-06-2014, 07:56 PM
Start my day packing n getting stuff ready for fishing. Drop the baby off at my mom by 6am and finally got on the water by 8am. Loading the PA14 is always hard not having enough gears and with all that space you want to bring everything to prepare your day for any species.

Well I got out to the water and my bait tank battery isn't charge at all even when I left it plugging all night. Now my fish finder is acting up, and wouldnt turn due to some poor connection with the cable. So I was like ok, don't need it that much since my buddies had fish finders and bait tank I'm still cool. It was hard making bait and nothing was really biting the whole day. So I drop a live mackerel and troll near the bait barge while DFG approach me.

They then ask for my fishing license and I look at my center storage and said "shit i must have left it in my car." I asked, can i go get since my car is near? They said nope, and bam my rod gets a bite and the DFG said to reel it in. What do you know a legal halibut. Since I don't have my license on me, they released my halibut, and handed me a ticket. :mad:

Mad n frustrated, but they doing a good job keeping everyone on check. So I rush over and got to my car and grabbed my fishing license to try for another halibut. But no luck. The one day I forget my fishing license I get cited. And DFG looks at me and say I'm sure you have your license since your kayak looks expensive and with all them gears :D but since you don't have it on you laws are laws. Can't argue, so I signed and said have a good day!

dorado50
07-06-2014, 08:16 PM
the bright side....you didn't leave the baby in the car!

jorluivil
07-06-2014, 08:24 PM
My license is vacuum sealed
Its in the center hatch of my PA
In the mesh pocket that is mounted right under the door
In a place Where I'll never forget it

wiredantz
07-06-2014, 08:33 PM
They are a bunch of zealots, can't believe they cited you.

Jaysuuun
07-06-2014, 09:57 PM
Sucks they issued you a ticket. Back when licenses were carbon copies, I used to keep the copy in my wallet. It saved my ass from a citation one time when I forgot my license while surf fishing malibu. DFG said it wasn't technically a license but it was proof that I had one so she cut me a break.

BTW I wish the DFG can find out if you have a fishing license by running your drivers license. Don't they swipe that info in when you purchase one?

Cadillyak
07-06-2014, 10:20 PM
So I know not having a fishing license vs. not having one on you are totally different and obviously the charges will end up being different. How much will that mistake cost u. I have left my license at home, before but have always opted to turn around and go get it. I'm just curious as to how much not having your license on u will end up costing.

Sucks about the legal. If u wouldn't have gotten approached, that butt would have never bit.

Jkfish136
07-06-2014, 10:33 PM
You should go to court and fight it especially you have a lic. They can look it up with your driver lic. Two years ago I got a $860 ticket up in big bear for fishing with no lic. The officer try to look for my lic. By my driver lic. But couldn't find one because I forgot to buy one. I took a day of work drove up to big bear the judge dismissed the ticket and I pay $25 processing fee. Good luck.

StinkyMatt
07-06-2014, 10:46 PM
You break the law...pay the fine.


Fighting a legit ticket.........I dunno.:(




the guy took it like a man......like he said they are just doing their job.

Rambo
07-06-2014, 10:58 PM
It's a $25 dollar correction fee plus my time waiting in court for dismissal after the judge see's my fishing license. So it's a waste of my day.

One thing I found out, DFG says, picture on your phone will not save your butt from a ticket. Digital copy (PDF version) if order online will not save your butt from a ticket also. Only the physical printed license is valid.

As of now I dont see why the DFG can just carry a scanner to scan your driver license since they charge all this crazy fees. Im sure they have the funding.

jorluivil
07-06-2014, 11:27 PM
It's a $25 dollar correction fee plus my time waiting in court for dismissal after the judge see's my fishing license. So it's a waste of my day.

One thing I found out, DFG says, picture on your phone will not save your butt from a ticket. Digital copy (PDF version) if order online will not save your butt from a ticket also. Only the physical printed license is valid.

As of now I dont see why the DFG can just carry a scanner to scan your driver license since they charge all this crazy fees. Im sure they have the funding.

$25 for wasting your time?

How much should the DFG get paid for having their time wasted?

suck it dude.

You forgot your license.

You got a ticket.

Pay the fine.

Don't do it again.

bubblehide
07-06-2014, 11:35 PM
The DFW officer was either not completely honest with you, or ill informed of the laws he/she is sworn to enforce; or simply knew from your position on the water that the following did not apply to you. There is an exception in the law, intended fro divers, but it applies to everyone recreational fishing. The law states that if you are fishing, and within a certain distance from your car/license, you are legal. unfortunately, I do not recall the specific distance. If you happened to be beyond the specified distance, you are guilty as charged. Obviously, it is much easier to simply pay the fine than fight the ticket, as that will generally take at least 2 trips to the court house; and your still out a halibut.

Easy mistake to make, sorry to here it happened.

jorluivil
07-07-2014, 12:08 AM
Q: Do I have to wear my fishing license?

A: No. As of March 1, 2010, anglers no longer have to display their sport fishing license on their outer clothing above the waist. However, their sport fishing license must be in their immediate possession while fishing, except when diving as provided inXFish and Game Code Section 7145

I would have to assume that 'immediate' doesn't mean...........

DFG officer: can I please see your license?

kayaker: It's in my car, gonna go get it. be right back.


Insert jeopardy theme song now

alanw
07-07-2014, 12:09 AM
A DFG warden up in Northern Cali told me it could be up to $750 fine plus they can confiscate all of your fishing gear if caught without a license... they can even confiscate your boat. I haven't heard of anything that extreme down here but I think it's minimum $100 (plus any local fees) and reduced to $25 if you show proof of license in court.

I wish they had the ability to just run your DL since everything is electronic nowadays anyway. I'd pay an extra $0.05 so they could have funds for scanners.

Keep it in your fishing gear, keep it in your wallet, it's not worth forgetting it.

easyday
07-07-2014, 12:42 AM
Every year when I get my fishing license, I get the actual license then I immediately buy 2 more duplicate copies. One in my truck, one in my wallet, one in my life vest. That way ill always have at least one on me and if I lose one I already have 2 backups. its funny to see them out and about. DFG could save so much of their time by hanging out on the pier, while I was fishing for macks for catfish the other night down in Newport. I saw about 50 violations, and had to correct numerous people telling them the fish they were keeping was illegal....

YakDout
07-07-2014, 03:59 AM
We all know the real reason that fishing licenses are not connected to DL right?





$$$$


Sent from my iPhone using Tapatalk

bubblehide
07-07-2014, 05:45 AM
Q: Do I have to wear my fishing license?

A: No. As of March 1, 2010, anglers no longer have to display their sport fishing license on their outer clothing above the waist. However, their sport fishing license must be in their immediate possession while fishing, except when diving as provided inXFish and Game Code Section 7145

I would have to assume that 'immediate' doesn't mean...........

DFG officer: can I please see your license?

kayaker: It's in my car, gonna go get it. be right back.


Insert jeopardy theme song now


Okay, either my memory is fallible (no it's not Alzheimers, yet), or they revised the regs. either way, I stand corrected.

Silbaugh4liberty
07-07-2014, 05:49 AM
Damn, what ass holes. I saw them checking a bunch of people in skiffs. Most those people in those skiffs don't know spotted bass from Halibut, let alone the regulations. I was just south of the barge, but they never came to check mine.

jruiz
07-07-2014, 06:05 AM
You should go to court and fight it especially you have a lic. They can look it up with your driver lic. Two years ago I got a $860 ticket up in big bear for fishing with no lic. The officer try to look for my lic. By my driver lic. But couldn't find one because I forgot to buy one. I took a day of work drove up to big bear the judge dismissed the ticket and I pay $25 processing fee. Good luck.

This is great advice. Fish without a license then when you get checked say I forgot it but I should be in the system. Waste the officers time, the judges time, then drove home feeling like a king since you just screwed the system.

oneyedeer
07-07-2014, 06:54 AM
Damn, what ass holes. I saw them checking a bunch of people in skiffs. Most those people in those skiffs don't know spotted bass from Halibut, let alone the regulations. I was just south of the barge, but they never came to check mine.

Lol suks when they have to do their job

JDW
07-07-2014, 08:12 AM
We all know the real reason that fishing licenses are not connected to DL right?


$$$$


Sent from my iPhone using Tapatalk

Sir, you are correct!

jorluivil
07-07-2014, 08:47 AM
We all know the real reason that fishing licenses are not connected to DL right?





$$$$


Sent from my iPhone using Tapatalk


If you get pulled over by a police officer and you dont have your license the police officer can look up your license. However, there is a really good chance you will get a ticket for driving without a license.

How willl going fight that one in court?

Jrob
07-07-2014, 09:26 AM
Go to court. Show the judge you had a license at the time of the incident, just not in your possession. Judge may dismiss case or reduce fine.

FISH11
07-07-2014, 11:37 AM
Sucks you'll have to pay a fine but as jorge posted the law says to "have it in your immidiate possession while fishing". As soon as I buy my new one I put it in the inside pastic pocket of my tackle bag. That way anytime I go fishing with or without the kayak that license is with me and also not exposed to the sun or it will turn black same as a hunting license. The good thing is it shouldn't cost you much when you show proof of the license. The reason they check is because there are a lot of people who don't buy a license. The thing I wished is when they catch those people is that they could have the proof immidiately available so they would confiscate all their gear plus give them a ticket requiring court apperance. The DFG guys are just doing their job and hopefully catching all the jerks that are fishing illegally or poching.

Silbaugh4liberty
07-07-2014, 12:02 PM
Lol suks when they have to do their job

Yeah some job, just reminds you how free we really ARE NOT in this country! Pay the tax to fish ( aka fishing license), or get fined! It's just a way to justify more government jobs!

Or fish the pier for free and 99 % of those people take whatever they want home legal or not, they don't care.

It's just upsetting seeing a legit fishermen, who made a simple mistake of forgetting it in his car and he gets screwed.

momo fish
07-07-2014, 12:44 PM
I hear Cuba has awesome fishing :)


Yeah some job, just reminds you how free we really ARE NOT in this country! Pay the tax to fish ( aka fishing license), or get fined! It's just a way to justify more government jobs!



Or fish the pier for free and 99 % of those people take whatever they want home legal or not, they don't care.



It's just upsetting seeing a legit fishermen, who made a simple mistake of forgetting it in his car and he gets screwed.

Silbaugh4liberty
07-07-2014, 01:42 PM
I hear Cuba has awesome fishing :)

Funny...

Here's some comedy, since most people can't handle the truth...

http://youtu.be/CGTvWkmEAtM

KirkG.
07-07-2014, 02:01 PM
Don't "fight" the ticket but take your license to court and just throw yourself on the mercy of the court. Happens all the time, "I have a license, just forgot it in my truck that day your Honor" Many times the Judge will at least reduce the fine.

dorado50
07-07-2014, 02:03 PM
I have a vacation home in a third world country. I like it here because there are fewer laws governing my actions, like being able to ride my atv on any beach and being able to let my dog run free, as examples. There are draw backs of course, you need a fishing license to fish! And it must be in possession!. My permanent residence will always be in La Jolla.....I love the USA, and all its freedoms. I just hate the aholes that run our constitution into the ground.

Vansmack
07-07-2014, 04:03 PM
Is it really reasonable to think DFG Wardens must help us prove we bought the fishing/hunting license? We are required by law to have them in our immediate possession. If it was that easy/convenient to do then no one would have to carry their license. Ever. I know it sucks, but that's one of the thing we need to make sure we bring with us. If you forgot nearly any other piece of gear you wouldn't be fishing.

Pretty funny, the OC court lists fishing without a license as an example of a non traffic infraction.
http://www.occourts.org/self-help/infraction/

Too bad you can't do a Trail by Declaration as you can for CVC infractions.
Schedule court and call in sick that day! And good luck!!!

Silbaugh4liberty
07-07-2014, 06:42 PM
I have a vacation home in a third world country. I like it here because there are fewer laws governing my actions, like being able to ride my atv on any beach and being able to let my dog run free, as examples. There are draw backs of course, you need a fishing license to fish! And it must be in possession!. My permanent residence will always be in La Jolla.....I love the USA, and all its freedoms. I just hate the aholes that run our constitution into the ground.

You may want to prepare that vacation home as your permanent residence, because we're on the verge of becoming a third world nation. Just yesterday, S Korea and China made trade agreements to bypass the dollar, that makes over 20 countries this year to make trade agreements to bypass the dollar. We killed Gaddafi after his sales of oil in gold and dinars, we killed Suddam for selling oil in euros, we placed sanctions on Iran, and Russia this year for oil agreements bypassing the dollar. And the countries we've had embargo on for years ( Cuba, N Korea, and Iran), guess what, they've never been on the pedro dollar.
Once we are no longer the world reserve currency, we're screwed with a capital "F".
FACTA went into effect July 1st, but the IRS is giving a two year grace period, so we won't feel those effects until Obama is out of office.

Not to mention the National Defense Authorization Act basically voids the Constitution completely, turning the President into a Dictator. So don't be surprised when martial law goes into effect, suspension of habeas corpeus, and we're thrown into the FEMA camps.

Just a heads up, but enjoy your freedoms folks!!!
:cheers1:

dorado50
07-07-2014, 07:23 PM
thanks for the lecture......why are you still here???????????




by the way you do know of ohbama's secret army of 250,000 strong right?

rayster
07-07-2014, 07:39 PM
The big problem is that the DMV and DFW computers do not talk to each other. You would think that when you run a Drivers License it would show what vehicles are also registered to that person but it does not you have to run it on a different screen.

jorluivil
07-07-2014, 07:45 PM
Popcorn is almost done

makobob
07-07-2014, 07:54 PM
Popcorn is almost done

Do NOT forget the butter.

StinkyMatt
07-07-2014, 07:57 PM
I googled this:

One way tickets to more "understanding" country $598.99


Small investment to be really free. That Obama guy is out to get you.

Rambo
07-07-2014, 08:27 PM
I'm not too worry about the ticket guys because I have a fishing license to show proof but just the fact I got one because I left it in the car after doing a twilight charter. Usually the license stays in the center storage in my kayak. It'll be just like a fix it ticket. Show proof n case dismissed but pay the correction fee. Just like the DFG said.

FISH11
07-07-2014, 08:35 PM
Yeah you'll be OK. I just keep my license in my tackle bag, that way it's not one more thing in the wallet, but I'll have it whether I'm kayak, shore or boat fishing. Good Luck

Vikingj
07-07-2014, 09:08 PM
If you have the time it can be worth it going to court. I made a careless mistake and received a violation for over $500 (lobster was just legal when I measured otw but shrunk 1/32" when DF&G measured it!). It took me 3 1/2hrs to get before a judge and plead "no contest" (which is the same as "guilty" but sounds cooler). Judge charged me a fine/court cost of $125. I figured I made about $100 an hour for time spent. Good luck.

easyday
07-07-2014, 10:05 PM
I hear Cuba has awesome fishing :)

Cuba does have some awesome fishing I was there for 6 months when I was in the Marine Corps, absolutely massive tarpon. Those things were so easy to catch wish I had a kayak there.

bubblehide
07-07-2014, 10:35 PM
Cuba does have some awesome fishing I was there for 6 months when I was in the Marine Corps, absolutely massive tarpon. Those things were so easy to catch wish I had a kayak there.


You GITMO guys kill me, you had all the fun.

bolocop
07-08-2014, 08:24 AM
Crap, after all the years of paying for a fishing license, I'm yearning for the time DFG actually asks to see the license. Happened near New Year's in the big bay, but they only hit the PB'ers. Maybe it's too risky to pull up to a kayak and ask for a license?

Dannowar
07-08-2014, 08:38 AM
it happens....

Fishin' Magician
07-08-2014, 12:40 PM
I got stopped a few months back in Newport Harbor. I was fishing by myself and another kayaker paddled over and asked how I was doing and if I'd caught anything. We were just sitting talking and the DFG boat came over and asked to see both of our licenses. He had to dig around for his, fortunately I had mine handy. They checked his, asked to see his drivers license to verify that the fishing license was his and then...., they popped the lid off of his front hatch and checked the inside his kayak! Hadn't expected that one. I sat and waited until they were done with him and then I held up my license for them to see. They just waved at me and said, "Thought that you two were together. Have a nice day." and drove off without checking my license or looking inside my hatch. Not sure what was up with that, but I wasn't asking any questions. I just shrugged and just kept on fishing. Personally, I'm glad that they check as I know that there are a lot of people out there who don't buy a license but take advantage of our fishery. You have to 'pay to play'.

alanw
07-08-2014, 01:58 PM
I've had DFG search the hatches in my yak and my cooler even after I had it loaded onto the back of my truck in the parking lot. I should have refused the search now that I think of it. Luckily he didn't hassle me about the empty beer cans in the yak :D

jorluivil
07-08-2014, 02:18 PM
I've had DFG search the hatches in my yak and my cooler even after I had it loaded onto the back of my truck in the parking lot. I should have refused the search now that I think of it. Luckily he didn't hassle me about the empty beer cans in the yak :D

Why would you want to put yourself in a position where they will say they have probable cause? Before you know it the local police show up and start doing a field sobriety check. Is that really worth it?


When I owned a boat I was boarded by the USCG and DFG several times, not once did I refuse a search or did I even think to refuse. As a matter of fact, I always encouraged it and asked them to check whatever they wanted to check. Why? It's quite simple....................I had nothing to hide.

wiredantz
07-08-2014, 02:37 PM
Why would you want to put yourself in a position where they will say they have probable cause? Before you know it the local police show up and start doing a field sobriety check. Is that really worth it?


When I owned a boat I was boarded by the USCG and DFG several times, not once did I refuse a search or did I even think to refuse. As a matter of fact, I always encouraged it and asked them to check whatever they wanted to check. Why? It's quite simple....................I had nothing to hide.

This country gives us rights, we *just do not give up on those rights, if we have the right to exercise them*.


If a cop wants to search my house, you don't say yes go head you say where is the warrant? If a cop wants to search your car, you say where is the warrant.



If you have you rights, then do not give them up.


Although, I don't think you have any rights when your fishing or hunting.

just my 2cents

ful-rac
07-08-2014, 02:41 PM
This country gives us rights, we *just do not give up on those rights, if we have the right to exercise them*.


If a cop wants to search my house, you don't say yes go head you say where is the warrant? If a cop wants to search your car, you say where is the warrant.



If you have you rights, then do not give them up.


just my 2cents



Frank you got the right to fish Malibu....didn't you give that one up?

wiredantz
07-08-2014, 02:44 PM
I still go and I carry a flare gun for emergency use.

jorluivil
07-08-2014, 03:04 PM
This country gives us rights, we *just do not give up on those rights, if we have the right to exercise them*.


If a cop wants to search my house, you don't say yes go head you say where is the warrant? If a cop wants to search your car, you say where is the warrant.



If you have you rights, then do not give them up.


Although, I don't think you have any rights when your fishing or hunting.

just my 2cents

Blah blah blah.



Like I said, I have nothing to hide.

wiredantz
07-08-2014, 03:06 PM
Blah blah blah.



Like I said, I have nothing to hide.



You have nothing to hide, but you never know if the cop has something to hide.

Just because they wear a badge doesn't mean they are good people.

bubblehide
07-08-2014, 04:47 PM
... I should have refused the search now that I think of it. L... :D

Clearly some here do not understand how F&W laws work. But before I get into that, allow me to say this: In grade school we are taught that we are innocent until proven guilty. Although this is true when it comes to most crimes, it is not always true. It is true for crimes against people, traffic laws and such. However, try tell the IRS that THEY must prove that you are guilty, and see how far you get.

So Back to F&G (F&W) regulations/laws. They are Prima Facie laws. Prima facie means the burden of proof falls on the defendant (me or you) to prove that you are not guilty - the State's case is proven by the circumstances. In this case,I am guilty until I can prove my innocence.) So in short if you are or have been fishing, or even look like you have been fishing, i.e., have fishing equipment, then probable cause is not needed to conduct a search. The Warden (not a cop) has the legal right to search you, and your yak, car, equipment... WITHOUT your permission.

Further more, the warden has no obligation to question the fisherman. There is a huge difference here, when a cop questions you, he is attempting to establish guilt. When a Warden questions you, he is trying to eliminate guilt, because the F&W laws already ASSUMES your guilty. So if the Warden happens upon you, out on the water, or loading up, driving down the road going home... the fisherman is guilty until he proves himself innocent. No apparent crime need be suspect, the fact that you appear to have engaged in fishing is enough, under the law. A diligent Warden will take the time to attempt to establish innocence or guilt; however he/she is not obligated to do so; so when they do, it could be viewed as doing the legal hunter/fisherman a favor, of sorts. As such, anyone hunting or fishing assumes the risk, and responsibility of proving themselves innocent.

I am going to repeat myself a bit here:
Prima Facie is why, when a person is, has, or appears to have engaged in hunting or fishing, while out in the field or not, a Warden is not required to obtain a warrant to search. The act of hunting or fishing or appearance of, is sufficient, under the law, and guilt is ASSUMED until no evidence of guilt is obtained. When a Warden asks a hunter of fisherman if they mind him/her searching.... when it is obvious they were hunting or fishing, it is a simply a courtesy. The reason for this is that wildlife has no voice. There are no family or bystanders to file a complaint, unless observed by a person willing to report the crime. These crimes (poaching) are often conducted in out of the way locations, remote locations, or under the cover of night, making reporting unlikely. Thus, our F&W regulations, Prima Facie regulations are prima facie regulations/laws to protect our wildlife from unscrupulous people, and we legal hunters and fisherman have the responsibility to accept the fact that we are guilty until proven innocent.
I get that it's counter intuitive, sine we all have been taught as children, that in the U.S. we are innocent until proven guilty. And, with most of our laws, that is true; but not all.

We do however have the right to remain silent. But this is one area where remaining silent may not be to your benefit when you are presumed guilty to begin with. And, yes, like cops, Wardens ask entrapment questions; just like the last time I got pulled over. The cop asked me, who were you talking to on your cell phone. My response, a suicidal client officer. his next question, do you have a business card. I produced a business card, told him to keep it in case he ever needed it. he laughed and said, have nice day.

Silbaugh4liberty
07-08-2014, 08:12 PM
Cuba does have some awesome fishing I was there for 6 months when I was in the Marine Corps, absolutely massive tarpon. Those things were so easy to catch wish I had a kayak there.

Nice!! I didn't get into fishing until I got out. Wish I could go back in time, and do some fishing while in Okinawa, or even Thailand and Korea!!

Not too sure I'd want to fish the lake on Taqqaddum?? And the Euphrates was outside the wire!!

Semper Fi

bwana
07-08-2014, 09:54 PM
I always wondered what Prima Facie meant. The perv peeping on my young preteen daughter mentioned something about Prima Facie evidence before I beat his Prima Facie ass.

alanw
07-09-2014, 01:39 AM
Why would you want to put yourself in a position where they will say they have probable cause? Before you know it the local police show up and start doing a field sobriety check. Is that really worth it?


When I owned a boat I was boarded by the USCG and DFG several times, not once did I refuse a search or did I even think to refuse. As a matter of fact, I always encouraged it and asked them to check whatever they wanted to check. Why? It's quite simple....................I had nothing to hide.

I had nothing to hide either but that's not the point.. refusing to consent does not give them probable cause, and I should not have waived my rights. What if he decided to question the empty beer cans in my cooler, or if he found a kilo of weed that the last guy who owned my yak hid in there..:eek:


Clearly some here do not understand how F&W laws work. But before I get into that, allow me to say this: In grade school we are taught that we are innocent until proven guilty. Although this is true when it comes to most crimes, it is not always true. It is true for crimes against people, traffic laws and such. However, try tell the IRS that THEY must prove that you are guilty, and see how far you get.

So Back to F&G (F&W) regulations/laws. They are Prima Facie laws. Prima facie means the burden of proof falls on the defendant (me or you) to prove that you are not guilty - the State's case is proven by the circumstances. In this case,I am guilty until I can prove my innocence.) So in short if you are or have been fishing, or even look like you have been fishing, i.e., have fishing equipment, then probable cause is not needed to conduct a search. The Warden (not a cop) has the legal right to search you, and your yak, car, equipment... WITHOUT your permission.

Further more, the warden has no obligation to question the fisherman. There is a huge difference here, when a cop questions you, he is attempting to establish guilt. When a Warden questions you, he is trying to eliminate guilt, because the F&W laws already ASSUMES your guilty. So if the Warden happens upon you, out on the water, or loading up, driving down the road going home... the fisherman is guilty until he proves himself innocent. No apparent crime need be suspect, the fact that you appear to have engaged in fishing is enough, under the law. A diligent Warden will take the time to attempt to establish innocence or guilt; however he/she is not obligated to do so; so when they do, it could be viewed as doing the legal hunter/fisherman a favor, of sorts. As such, anyone hunting or fishing assumes the risk, and responsibility of proving themselves innocent.

I am going to repeat myself a bit here:
Prima Facie is why, when a person is, has, or appears to have engaged in hunting or fishing, while out in the field or not, a Warden is not required to obtain a warrant to search. The act of hunting or fishing or appearance of, is sufficient, under the law, and guilt is ASSUMED until no evidence of guilt is obtained. When a Warden asks a hunter of fisherman if they mind him/her searching.... when it is obvious they were hunting or fishing, it is a simply a courtesy. The reason for this is that wildlife has no voice. There are no family or bystanders to file a complaint, unless observed by a person willing to report the crime. These crimes (poaching) are often conducted in out of the way locations, remote locations, or under the cover of night, making reporting unlikely. Thus, our F&W regulations, Prima Facie regulations are prima facie regulations/laws to protect our wildlife from unscrupulous people, and we legal hunters and fisherman have the responsibility to accept the fact that we are guilty until proven innocent.
I get that it's counter intuitive, sine we all have been taught as children, that in the U.S. we are innocent until proven guilty. And, with most of our laws, that is true; but not all.

We do however have the right to remain silent. But this is one area where remaining silent may not be to your benefit when you are presumed guilty to begin with. And, yes, like cops, Wardens ask entrapment questions; just like the last time I got pulled over. The cop asked me, who were you talking to on your cell phone. My response, a suicidal client officer. his next question, do you have a business card. I produced a business card, told him to keep it in case he ever needed it. he laughed and said, have nice day.


Agree with most of what you said, even though CA FGC 856 (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fgc&group=00001-01000&file=850-860) says that they need probable cause that you committed an offense in order to search without consent. The fact that you've obviously been fishing doesn't mean that you have done something illegal.That said, I just read about the Maikhio vs. California case which says they can stop and question you if you are leaving a hunting/fishing area. It's bad for everyone because the warden had probable cause to stop the vehicle in that case (he witnessed the poaching), but the court decision lets them stop any vehicle now, probable cause or not? It's yet another clear violation of civil liberties, in the name of a "higher cause" (conservation).

I guess we should accept that participating in a highly regulated activity like fishing or hunting comes with heightened scrutiny, regardless of the 4th.

jorluivil
07-09-2014, 06:33 AM
I had nothing to hide either but that's not the point.. refusing to consent does not give them probable cause, and I should not have waived my rights. What if he decided to question the empty beer cans in my cooler, or if he found a kilo of weed that the last guy who owned my yak hid in there..:eek:


The old

"OFficer, That's not my weed. I don't know how it got there"

wiredantz
07-09-2014, 06:38 AM
I had nothing to hide either but that's not the point.. refusing to consent does not give them probable cause, and I should not have waived my rights. What if he decided to question the empty beer cans in my cooler, or if he found a kilo of weed that the last guy who owned my yak hid in there..:eek:





Agree with most of what you said, even though CA FGC 856 (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fgc&group=00001-01000&file=850-860) says that they need probable cause that you committed an offense in order to search without consent. The fact that you've obviously been fishing doesn't mean that you have done something illegal.That said, I just read about the Maikhio vs. California case which says they can stop and question you if you are leaving a hunting/fishing area. It's bad for everyone because the warden had probable cause to stop the vehicle in that case (he witnessed the poaching), but the court decision lets them stop any vehicle now, probable cause or not? It's yet another clear violation of civil liberties, in the name of a "higher cause" (conservation).

I guess we should accept that participating in a highly regulated activity like fishing or hunting comes with heightened scrutiny, regardless of the 4th.

well said

maui jim
07-09-2014, 01:50 PM
Am I too late to make popcorn??? Damit...:cool:

jorluivil
07-09-2014, 01:54 PM
Am I too late to make popcorn??? Damit...:cool:


Hell no!!!

bus kid
07-10-2014, 07:59 AM
<!--[if gte mso 9]><xml> <o:OfficeDocumentSettings> <o:AllowPNG/> </o:OfficeDocumentSettings> </xml><![endif]--> A guy goes fishing on his boat early in the morning and returns in the afternoon. He leaves his tackle box rod and reel in the boat and goes and inside for the day. His wife decides to take the boat out and read a book on the water. Half an hour later a male DFG officer pulls up to her in the boat and asks to see her fishing license, she says ” I don’t fish therefore I don’t have a fishing license , I’m reading a book” the officer reply’s” you have all the proper gear for fishing and no license, if you can’t show me a license I’m going to arrest you and impound the boat.” The woman responds saying “after you arrest me and we get to the station I’m going to tell everyone that you raped me” to which the officer replied” why would you say that?” then she said “because you have all the proper equipment.”



While you may have nothing to hide you still need to be mindful of your rights and the regulations. I have been stopped by the DFW, Harbor patrol / Sheriff, Coast Guard, and even the lifeguard on both the Kayak and boat. Every time I have had all my docs together to show. I was stopped last week while fishing with my son by the Harbor patrol, the officer not only checked our catch and paper work but also did a vessel inspection, while we had nothing to hide, I still asked him questions after he was done about why he was checking our catch as he’s not a DFW officer. He simply said while he was checking to see if my son had the proper life vest he noticed our catch and though it look like we were over our limit and while he is not a DFW he still can call them and detain us until they arrive. Since I had the DFW reg book with me to show him and after he counted the fish he said good by and good luck. He gave my son a bunch of stickers and shook both of our hands. They are there to ensure not only the regulations but to keep us safe. Be respectful, keep your $hit straight and follow the rules and be aware of the situation and you will be fine.
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Rambo
08-25-2014, 06:13 PM
Took half the day off work and got to court earlier but didn't get out of the courtroom almost 2 hours later. The judge says Case Dismiss but pay the $25 administration fee after showing proof of my fishing license. Another guy before me got caught for poaching a fish undersized. $500 dollar fine for that dude but he choose to fight the case. DFG is out doing their job. :luxhello:

I found another way to access the fishing license if you forgot your license and have a smart phone on you. It'll show all the info the officer need so he would have no reason to write you up. Links below.

https://www.ca.wildlifelicense.com/InternetSales/

jorluivil
08-25-2014, 07:25 PM
I found another way to access the fishing license if you forgot your license and have a smart phone on you. It'll show all the info the officer need so he would have no reason to write you up. Links below.

https://www.ca.wildlifelicense.com/InternetSales/


Boy, you got off easy. I would have assumed that after you went through all this you wouldn't even bother seeking an alternative to simply having your license on you. Is it really that hard? I forgot my license once, you want to know what I did? I stopped at the landing and bought a single day license.

Have you ever dealt with the public, I mean really dealt with them in a face to face type of way? Do you know why government workers have a big chip on their shoulder? Its because people don't follow rules that are as clear as day. Deal with someone face to face here and there that can't follow a rule and you'll play nice but deal with people that can't follow simple directions day after day after day and your attitude will change. What I'm trying to say is that the Warden is not going to sit around and wait for you while you to get your phone, find a website and log-in. Chances are that he'll probably be writing the ticket for not having your license while you're doing all that.

P.S.

what are you going to do if your phone is dead or if you do not have a signal?

John59
08-26-2014, 06:16 AM
From the OP... Please read that till the DFW showed up he thought he had his license.

They then ask for my fishing license and I look at my center storage and said "shit i must have left it in my car." I asked, can i go get since my car is near? They said nope, and bam my rod gets a bite and the DFG said to reel it in. What do you know a legal halibut. Since I don't have my license on me, they released my halibut, and handed me a ticket

Boy, you got off easy. I would have assumed that after you went through all this you wouldn't even bother seeking an alternative to simply having your license on you. Is it really that hard? I forgot my license once, you want to know what I did? I stopped at the landing and bought a single day license.

Have you ever dealt with the public, I mean really dealt with them in a face to face type of way? Do you know why government workers have a big chip on their shoulder? Its because people don't follow rules that are as clear as day. Deal with someone face to face here and there that can't follow a rule and you'll play nice but deal with people that can't follow simple directions day after day after day and your attitude will change. What I'm trying to say is that the Warden is not going to sit around and wait for you while you to get your phone, find a website and log-in. Chances are that he'll probably be writing the ticket for not having your license while you're doing all that.

P.S.

what are you going to do if your phone is dead or if you do not have a signal?

bus kid
08-26-2014, 06:51 AM
Well $hit, Congratulations. Sounds like the Judge is a fisherman.
hopefully we have all learned to make sure we have our license in our possession. when we go out. thanks for the update.

blitzburgh
08-26-2014, 07:38 AM
Good for you dude :cheers1:

jorluivil
08-26-2014, 08:20 AM
From the OP... Please read that till the DFW showed up he thought he had his license.

They then ask for my fishing license and I look at my center storage and said "shit i must have left it in my car." I asked, can i go get since my car is near? They said nope, and bam my rod gets a bite and the DFG said to reel it in. What do you know a legal halibut. Since I don't have my license on me, they released my halibut, and handed me a ticket


I was commenting on him saying there is a website where you can look up your license and not at his original comment. However, since you're quoting the first thread read the last line of that thread and you'll understand my comment. I know my comment came across in a dikish kind of way but rules are rules and the rules state that you have to have your license in your possession, it doesn't say anything about being able to show proof that you purchased one. If it works, great for all of us!

Keep in mind that its our responsibility to know the rules and its the Wardens job to enforce them. Anyway, I'm all out of popcorn so I'll move on to the next show.:D

Rambo
08-26-2014, 08:59 AM
I'm not saying you shouldn't carry a license when fishing, but giving others fishermen who bought fishing license to have other means of back up in case they find themselves in my situation. We are already the highest fee paying state for fishing license but if you have a smartphone or phone, just take images or screen capture of both license and digital sign in of the dfg website. Make a folder in your smart phone for fishing license so it's easy accessible.



But yes, I got off easy this time, thanks for the kind heart judge. Also in court, a digital proof is as good as printed from what the judge says.

addicted2sp33d
08-26-2014, 09:29 AM
Wow. This thread has been quite the adventure. :rolleyes:

Glad you got it worked out.

momo fish
08-26-2014, 10:16 AM
That's odd cause I lost my license last month and spoke to DFG officer up in Sacramento and I asked him the same question about a digital copy of my license and was told doesn't matter as we need to see the original license as digital can be altered or forged more easily. I asked if I can show proof via the online link that shows I purchased it and he said again, doesn't matter. Law states you need to have it in your possession. Surprised judge told you that.

Needless to say I stayed home till it arrived in the mail. First thing I pull out when going fishing is my license cause without it I can't fish. A reel, rod, kayak won't do me any good if I can't legally fish.

Glad it worked out for you and hope it's a reminder for future trips.

I'm not saying you shouldn't carry a license when fishing, but giving others fishermen who bought fishing license to have other means of back up in case they find themselves in my situation. We are already the highest fee paying state for fishing license but if you have a smartphone or phone, just take images or screen capture of both license and digital sign in of the dfg website. Make a folder in your smart phone for fishing license so it's easy accessible.







But yes, I got off easy this time, thanks for the kind heart judge. Also in court, a digital proof is as good as printed from what the judge says.

wiredantz
08-26-2014, 10:24 AM
it just depends on the mood of the officer

jruiz
08-26-2014, 11:59 AM
<iframe width="420" height="315" src="//www.youtube.com/embed/RkZC7sqImaM" frameborder="0" allowfullscreen></iframe>

CheapPelican
08-26-2014, 01:26 PM
I was commenting on him saying there is a website where you can look up your license and not at his original comment. However, since you're quoting the first thread read the last line of that thread and you'll understand my comment. I know my comment came across in a dikish kind of way but rules are rules and the rules state that you have to have your license in your possession, it doesn't say anything about being able to show proof that you purchased one. If it works, great for all of us!

Keep in mind that its our responsibility to know the rules and its the Wardens job to enforce them. Anyway, I'm all out of popcorn so I'll move on to the next show.:D

Yes, rules are rules, but often when someone has a the right attitude, a nice pair of breasts and long hair to flip, the rules turn into guidelines. Unfortunately most of us do not have the latter two. Better to have a good attitude and some sort the option to have a shot of talking your way out of a $100.00 fine (or whatever it is now) or $25 and wasting half a day in court.

I got stopped on the water at bigbear a few years ago. I saw Patrol coming so I turned for my tackle bag which is usually clipped to behind my seat. I forgot that I used my loaner yak and just grabbed my rod. All my gear was still in the hobie, on the beach, 200yds away. I told the officer that I had both and asked if i could get it. "I believe you. I saw you going for it when you saw me coming. Make sure to keep them with you." he replied. I never saw him again.