Game Warden - search?

[Doubletake]

Hey everybody!! I was just curious if a game warden can pull up to your boat (setting on the trailer in the parking lot at the launch)and without your permission climb in and search through your boat, boxes and all? It was not a big deal since I have nothing to hide, but I thought it was strange that she searched my boat, while my fishing partners watched, I was cleaning fish at the river. Could you more experienced gentlemen tell me if this is within the gamie's rights?
Thanks for the input, I just want to be ready if it happens again. Nothing worse than arguing with someone when you don't know whether you are right or wrong.

Good fishing, Doubletake

[Greg]

Doubletake, I don't know for sure, but it doesn't sound right. Hell, even the state police have to ask permission to search your car, unless they have "probable cause", like they saw you with dope or a gun or something. I would definitely ask somebody at the WDFW main office, ask to speak to one of the enforcement supervisors.
Greg

[Trout,myster]

That doesn't sound kosher to me. Greg's right, they have to ask permission to search your car or home unless they have probable cause. Did she ask or imply first that she would like to look through your boat?? I never have anything to hide either, but I have a problem with officials making themselves to home on or in my property without just cause. If they ask, they're welcome to it but I'd keep a close eye on them. Think I'd take Greg's advice and make a call or two on this one.

------------------
Troutmyster

[Hotshot]

I dont think that is right either, I now on my willie boat i have latches wich have to be opened to get in to any of my boxes or trays. I do think a search warrant is in effect, Washington state anyways)

------------------
www.olympicpeninsulafishing.com (http://www.olympicpeninsulafishing.com)
check out Jim and Guys daily pics

[Crusty]

A game violation is generally a misdemeanor. If it wasn't for a violation committed in her presence or sans a citizen witness willing to sign a complaint, she had no right to board your boat without asking.

Crusty

[Pilar]

This is why the man (Or Woman) should D.A.R.E. to stay off the donuts.

D - Donut
A - Abuse
R - Rotundity
E - Elimination

Obviously you had that desperate outlaw look that demanded the cavity search with a beach umbrella. Or maybe somebody ratted on you for poachmanlike behavior...JK. We got this treatment on the river Friday. The Coast Guard decided to do a safety check on 2 of the 30 or so boats on the sturgeon hole. The 2 ugliest boats, of course, both fiberglass and 30 years old. We were legit of course! None of the shiny new jet sleds was molested or even looked at.

Most of these guys will back down if you challenge them and talk about your rights as a citizen. If you let them walk on you, well then all is lost. In general I treat the man with a positive attitude, but there are some that distinguish themselves as deserving extra sarcasm.

As to what happened to you Doubletake, I would have asked for the Gamies name, badge number and supervisors name. Also some witnesses that observed the objectionable behavior. Write a nice letter and point out the particulars of unreasonable search and seizure and the rest will take care of itself.

Most of the people in this line of work are OK but the work does attract a minority with a **** attitude. Just my $0.02.


The bend is your friend!

[rob allen]

At least here in washington being in the field is probable cause or at least last time i checked. Game wardens have the right to search persons and vehicles while in the field. and freezers if a warrent is obtained. I would say it in pretty poor taste for a game warden to go through your stuff while you aren't there though.

[smilesforu]

Washington makes you present youre game at a game check station, which could be at the launch. If your partner said go ahead and look around she is free to search the boat with out probable cause. Otherwise she needs a warrant which doesn't come without probable cause. Youre partner probably gave permission with out realizing he did.
Wardens are schooled in your rights and can't just search because they feel like it.


Tight Lines

------------------
Marty M
Steelheader.net (http://www.steelheader.net/)

[Smj]

I've got a feeling they can search most anything they want to.
I got searched at the parking lot by the clamming beds in Garibaldi by state cops, back of my pickup and he even looked in my baggy chest waders. Another time a buddy and i were fishing the jetty at Barview and the cop had gotten in the back of my pickup and checked our two-day limit of clams, we'd been there two days, then he came down to where we were fishing to question us about the clams! Ya, I've got a feeling the can do as they please on or near the water.
---Smj

[Doubletake]

Thanks everyone for the input. I will do some follow up on what happended and let everyone know what the response is.

Good fishing

Doubletake

[Clamman]

DoubleTake,

The united states constitution grants you the right to not have illegal search and seizures. Unless given permission, the officer, no matter from what state, does not have the right to rummage through your boat, vehicle or house without probable cause or a search warrant. Officers have become very adept at getting permission from the public, mostly in the symantics of the question. Peace officers have the right to make sure you have all the proper tags, licenses and other required gear. They don't have the right to access a fish box or cooler unless they can show you were lying. An example would be if you said that you hadn't kept a fish yet there was blood all over the cooler/fish box lid or they visibly observed you do it.

A citizen does not have to show the inside of a boat, vehicle or home if they don't want to, unless of course a search warrant is shown. If the officer says there is probable cause, don't put up a huge fight, that will only end up with you in cuffs, maced or both. Just fight it in court. Unfortunatly that is what the lawyers are for.


ISG

[Steve]

In this case, and for anybody else in this position, I urge you to be the best possible witness.
1. Get name and badge number.
2. Car License Number.
3. Write down what you remember was said.
4. Make no threatening statements, watch what you say. Attitude on your part can make a bad situation worse.
5. If you have a camcorder have someone step back out of the way and film at 11:00/
6. Be courteous no matter how it hurts.
7. Do not be intimadated, growl at home.
8. Send a letter of complaint to the OSP headquarters in Salem...
9. Keep copies of all documentation...
10. Highway 101 is the training ground for all new troopers and cadets...

[Spooled]

Hi Doubletake. It doesn't sound like it was legal, unless your buddy gave them permission. One thing to caution you about though. I don't know what Washington regulations are, but in Oregon it is unlawful to "Dispose of dead animal (fish) carcasses, or parts thereof in Oregon waters". I see it all the time, and although I dont see the major harm, as decomposing salmon carcasses act as food for smolts, it could give a game officer reason to look for other offenses. Just a caution, as you stated you were down at the river cleaning fish when it happened.

[Rodman]

I know that items in plain sight can be observed, however nothing can be touched or opened unless they have your consent. Probable cause is another story. Such as, if they observed you breaking the law and evidence can be hidden. What she did is wrong and I would call the OSP and make a complaint. If she did have probable cause she should have told you why she decided to go through your baot. Call the OSP and complain. SHe may have been new and basicly made an *ss out of herself. Sorry you had to experience that kind of thing.

Tight lines

DSCustomrods@aol.com

[ssteelheadsteve]

One Nation.....
Under God
With Libberty and Justice.....
What a crock of you know what.....

The Law...........in Oregon
They do what ever they want and their not subject to random drug testing like truckers,bus drivers and guides yet they can kill you in high speed pursuit or with a gun with total immunity.

In Oregon they can not search your boat unless they can prove that you intended to "take" fish or game or were otherwise implicated in a crime.You would have to have a net or rod or other means of capture in your boat or truck(if attached)to make a legal search.In Oregon if you are within 200 ft of a stream(waterbody) and carring a rod you must have a license if required for you age.I had the number 2 man for the OSP game division LIE to me on Camera.TRUST Who ?

[Smj]

(TONGUE IN CHEEK, OF COURSE)

WELL, i'm glad to hear that I'm protected under the constitution while I'm poaching salmon, steelhead, shooting game out of season and so on, as long as I can keep it hidden and out of sight from the man. http://www.ifish.net/forum/images/graemlins/frown.gif
---Smj

[THE REEL HEY_YALL]

Greetings fellow fisherfolks and legal U.S. citizens, deputy dog here.

I bet none of y'all realize how much power a U.S. Game & Fish officer has do ya? Well take it from someone who knows a little about this field. The Game Warden has exactly as much power as a U.S. Marshal. They can pretty much search and seize without a writ from a court, and can basically impound anything, or take anything. Federal jurisdiction. I don't think that person just jumped in your boat without permission, but what could have happened was at the same time as hoisting herself up in the boat she asked permission to one of your friends. It happened so fast that maybe your friend doesn't remember, and the cough syrup messed with memory as well...lol I just know rights or no rights, cops of any kind, can pretty much do what they want to, when they want to, to whom they want to.