Did you know? - Kayak Fishing Adventures on Big Water’s Edge

MrM · 08-12-2013, 08:37 PM

Quote:

Originally Posted by GregAndrew

I am pretty sure that the DGW does not need search warrants either, but only reason to suspect. There was a long thread on BD in the last year where multiple examples of that were the case. I could not believe it either!!

In the most respectful way possible, this is completely untrue. Fish and Wildlife code section 857 does not grant DFW employees special status. The 4th amendment protects all citizens from unwarranted searches from any government employee, both in their person, homes, and effects. If this is being actively excercised the entire organization will be in for a rude awakening- especially as a law enforcement organization!

There are 3 generally recognized exceptions to unwarranted searches in California, including entering a building for an emergency, danger of public safety, and to keep a suspect from destroying evidence. All of which would require some sort of involvement with a person and the DFW before hand. Now if a DFW warden sees you with an ungodly amount of fish in a public area, or even your front lawn, the plain sight doctrine comes in to play, and no warrants are required. There are a few more exceptions that I won't get in to, it'd turn this in to a 3 page essay.

Not trying to get off topic here. So I'll leave it at that. Im also not trying to step on toes; I hope it didn't come off that way! Just want to make sure we all know our rights.

08-13-2013, 09:54 AM

Does this count as RobFish "Destroying Evidence"

Lobster burgggerrrs!!!

makobob · 08-13-2013, 10:00 AM

Burritos, burgers, tamales. Any other ways to consume the evidence?

PE.rider · 08-14-2013, 12:51 AM

The DFG regulations/laws apply only to the licensed activity of fishing.

It controls the taking and possessing of fish per day at the location where you are engaging in the act of fishing -for which the State of California regulates and enforces by law.

Your home is not a body of water where you are 'fishing'; therefore, the law does not pertain to "possession" in that sense. This is a misread of legal wording.

dorado50 · 08-14-2013, 06:05 AM

the sky is falling.......................again

08-13-2013, 10:00 AM	#3
makobob Baitless on Baja Join Date: May 2013 Location: Vista California, Gonzaga, San Quintin, Asuncion, Mag Bay Posts: 4,250	Burritos, burgers, tamales. Any other ways to consume the evidence? __________________ http://www.mako-ville.com Home 760-630-4470 Cell 760-520-2514 YES YOU CAN

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08-13-2013, 09:54 AM	#2
Drake Guest Posts: n/a	Does this count as RobFish "Destroying Evidence" Lobster burgggerrrs!!!

08-14-2013, 12:51 AM	#4
PE.rider Senior Member Join Date: Jun 2012 Location: OC, CA Posts: 234	The DFG regulations/laws apply only to the licensed activity of fishing. It controls the taking and possessing of fish per day at the location where you are engaging in the act of fishing -for which the State of California regulates and enforces by law. Your home is not a body of water where you are 'fishing'; therefore, the law does not pertain to "possession" in that sense. This is a misread of legal wording.

08-14-2013, 06:05 AM	#5
dorado50 Senior Member Join Date: Mar 2006 Location: La Jolla Shores Posts: 1,626	the sky is falling.......................again