Some stripers this week and last- DD in the mix

[soulsurfer]

great catch guys....you did a lot better than me the last time I was out.

FYI, I'm pretty sure the 4th amendment still applies to the game warden since dept of F and G are both managment and law enforcement...so in order for him/her to search your boat, the GW has to have either probable cause, glassing you from afar and noticing suspicious activies or was invited to search...i.e, "can I look around? and you say "yes"...

[diamondbear]

Probable Cause , We had a warden fallow us to our motel room one day like 10 years ago while we were hunting doves in Indio and searched our refig. [ no warrant ] didnt need one . I was lobster diving from shore and a warden was waiting at my truck one nite and searched my cooler that was in my bed of my truck [ no warrant] didnt need one . The fish and game guys can come to your house if they have Probable Cause and search your HOME FREEZER , [ FOR OVER LIMITS ] Without a warrant , just F/G wardens not if it was a sheriff or local police .

[HawgZWylde]

I did a little research and came up with this;

"A career as a fish and game warden offers aspiring students and career professionals interested in law enforcement a lifetime of challenging assignments, diversity, and a variety of professional growth and career advancement opportunities. Fish and game wardens usually have statewide jurisdiction and although their primary mission is to enforce Fish and Game code, wardens may also be called upon to enforce any state laws. Wardens have assignments in both urban and rural areas of the state. However, they are usually responsible for law enforcement activities in a specific geographical area.

Fish and game wardens usually work as peace officers in their respective state jurisdictions. They patrol outdoor wilderness areas, both on land and in the water, to ensure the state and federal laws pertaining to fish and wildlife, as well as hunting, fishing, and boating are enforced. Moreover, whenever a law pertaining to fish and wildlife is violated, they must confiscate poached animals and fish and the equipment used when the crime was committed. Fish and game wardens are also responsible to provide assistance when wild animals pose a threat to people in cities, educate the public on laws pertaining to the outdoors, and provide emergency assistance. They are armed and wear uniforms while on duty."

http://www.criminaljusticeprofiles.o...me-warden.html

"wardens may also be called upon to enforce any state laws."

Indeed, they are sworn peace officers at the state level. This means they are required to follow all constitutional laws and are supposed to honor our rights, including the 4th amendment. The officer who searched us, also searched several other boats launching. That's a lot of people to have probable cause on. But they still must prove probable cause to a judge, and obtain a warrant from said judge prior to a lawful search and seizure.
My fishing partner owns a barber shop and many of his clients are cops. They all said they would have told the warden to get lost. They confirmed that unless he caught or observed you in the act of violating a law, he indeed needed a search warrant. We weren't even on the water yet...

Sorry kewlwhip, nice job hauling in the linesides...

[candyman]

nice report, i promised myself that i will make it out to dvl this yr

[Skyler]

Nice catch. As for the game wardens, they do not need a warrant. Any person engaged in any hunting or fishing activity is subject to an inspection of their catch. It is a limited scope search, that can only include areas where wildlife can be stored. They can't dig through your pockets looking for drugs and stuff. The fourth amendment only protects against "unreasonable" search and seizure. A catch inspection has been deemed reasonable by federal case law, so they are not violating the 4th.

[kewlwhip]

Thanks for the replies fellas- had another good session the other day as well!

-Just remember to always have your fishing license and more to show/share to DFG.

*When you least expect it, expect it, they can surely spot you miles away...
*Also heard of some illegal guiding at the lake.. DFG will be cracking down on that too.