Can Cops Ask You For Your Fishing License?

[AJMichigan]

I've been curious about this but can't find anything online with a definitive answer, Can a regular law enforcement officer who is not DNR ask you for your fishing license?

[wngan9447]

I'm sure they can ask. If you don't have one, they will just call DNR. I don't think they can enforce anything.

I know of many officers that are fisherman. I'm sure they probably check here and there.

[Bankbeater]

Yes.  If they have jurisdiction over the waterway. 

[Bassbutt]

The Policeman are entrusted to enforce ALL laws for their jurisdiction, and, often are sworn in as deputy's for the county as well.....So , yes cops can ask for your license and arrest you if a violation has happened........DARN!

[Bluebasser86]

Also to add, game wardens, depending on state, have more power than regular police. DNR in Illinois are not required to obtain a search warrant to search your personal belongings like your Tackle box, car, boat and even your house in the broad spectrum.

That can't be right, unless something is in plain view in one of those places or a door is left ajar, then it would be a violation of someone's constitutional rights. If they believe there is evidence that may be destroyed they can enter and that may be how they'd be able to in a lot of situations because they're looking for illegally taken game that could be destroyed before they could get a warrant. The tackle box maybe, but no way I'd be knocking in any doors or popping any car doors without a warrant. 

 

The main added power most wardens have is the ability to work the entire state instead of just a city or county to my knowledge.

 

To the OP, cops, deputies, and game wardens are all LEO's and all can ask to see your fishing license. The county I used to work for used deputies to patrol the parks and enforce game violations in place of park rangers or game wardens in fact. 

[slonezp]

Regular police do not have any jurisdiction to look for fishing licenses here in Illinois. I am sure it is different state by state.

This is not entirely true. If the police have jurisdiction over the waterway they can. The Lake County Sherriff patrols the Fox Chain along with the DNR and they have the right to ask for a license, check your livewells, and enforce safety regulations. The same goes for the Chicago Police Marine unit. There may be other waterways as well that I am not aware of. 

[newriverfisherman1953]

I would not want to challenge them to find out.  I think I would just hand over my license if asked.

[BenB54]

Also to add, game wardens, depending on state, have more power than regular police. DNR in Illinois are not required to obtain a search warrant to search your personal belongings like your Tackle box, car, boat and even your house in the broad spectrum.

 

It's the same way here in Texas.

[AK-Jax86]

They can ask you for it that's why they tell you to keep your fishing license on you at all times.  I have had a license my whole life and I have NEVER been asked for it. Waste of money but the one year I don't get one will be the time I get fined for not having it and fishing

[Chris at Tech]

I would not want to challenge them to find out.  I think I would just hand over my license if asked.

 

Was thinking the same thing.  If an officer approached you and asked for your license, is there any reason NOT to give it to him even if you think that the police don't have jurisdiction?  Just seems silly to me to play games over something like this.

[tatertester]

Wardens DO NOT have any more power than any other law enforcement person......All law enforcement actions are subject to the same search and seizure guidelines(via the US constitution and reviewed many times by the US supreme court)no matter their title or jurisdiction.....Wardens have a tendency to push things beyond the rules and bluff big time when it comes to search and seizure.....NEVER give your permission for them to search as you will have just given away your right to deny it....Don't buy the "you don't mind if I look in your vehicle do you?" routine, or " do the right thing and it will go better for you", or " I'll just get a search warrant anyway if you refuse", baloney...Let them get a search warrant IF THEY LEGALLY CAN!...AS I SAID, there are no special laws for wardons, they just want you to thinks so......Most people give away their rights when confronted thinking if they don't they will be in trouble...NOT!!!!!.....If you are in trouble, then your are in trouble, do not help the warden by giving him the evidence he needs to convict you......You will never be in legal difficulty by refusing to speak to the law or denying searches.....If they are so right, they will search you anyway...DONT HELP THEM!....They are asking or demanding because they need your cooperation.....Just politely deny and only give your identity information and license.....I'm a retired Police detective and have seen and heard about this type of thing 100's of times....The general public panics if much pressure is put on them by any law enforcement person.....Just say no ,and watch them squirm and get frustrated.

[gallowaypt]

I had a cop ask me if I had one before. I said yes, and he left without seeing it.

[Fish Chris]

Funny you should ask.....

 

Yes, as somebody mentioned, it has to do with jurisdiction. In my area, you would not even see a city cop in a fishing area > but you will often see Sherrifs ! In fact, we only have like 1 or 2 F&G Wardens in my county, and to even see one is rare. But we have a bunch of Sherrifs, and yea'.... they check for fishing license, issue citations, arrests, etc, all without even notifying a Warden. I guess if it were like a major F&G violation, they might at least notify the CA DFG, but for most things, they just handle it right there on the spot.

 

Fish

[SPEEDBEAD.]

Wardens DO NOT have any more power than any other law enforcement person......All law enforcement actions are subject to the same search and seizure guidelines(via the US constitution and reviewed many times by the US supreme court)no matter their title or jurisdiction.....Wardens have a tendency to push things beyond the rules and bluff big time when it comes to search and seizure.....NEVER give your permission for them to search as you will have just given away your right to deny it....Don't buy the "you don't mind if I look in your vehicle do you?" routine, or " do the right thing and it will go better for you", or " I'll just get a search warrant anyway if you refuse", baloney...Let them get a search warrant IF THEY LEGALLY CAN!...AS I SAID, there are no special laws for wardons, they just want you to thinks so......Most people give away their rights when confronted thinking if they don't they will be in trouble...NOT!!!!!.....If you are in trouble, then your are in trouble, do not help the warden by giving him the evidence he needs to convict you......You will never be in legal difficulty by refusing to speak to the law or denying searches.....If they are so right, they will search you anyway...DONT HELP THEM!....They are asking or demanding because they need your cooperation.....Just politely deny and only give your identity information and license.....I'm a retired Police detective and have seen and heard about this type of thing 100's of times....The general public panics if much pressure is put on them by any law enforcement person.....Just say no ,and watch them squirm and get frustrated.

 

Retired police detective anonymously posting on a fishing forum advising against cooperating with law enforcement?

 

Please, allow me to put my boots on as I smell some poop.

[deadadrift89]

When i lived in Montana the sheriff could and did issue citations ;-)

[buzzfrog]

2 years ago, a cop called me to his car at the boat landing, early morning and I was fishing on actual ramp, scared I was in trouble but it was a Wednesday morning so no boats, he asked me what I was using and if I had a license, I said ya in my car, want me to go get them? he said no, just wondering. I always wondered if they could.

[lmbfisherman]

Yes.  If they have jurisdiction over the waterway. 

This.

[ChrisAW]

Wardens DO NOT have any more power than any other law enforcement person......All law enforcement actions are subject to the same search and seizure guidelines(via the US constitution and reviewed many times by the US supreme court)no matter their title or jurisdiction.....Wardens have a tendency to push things beyond the rules and bluff big time when it comes to search and seizure.....NEVER give your permission for them to search as you will have just given away your right to deny it....Don't buy the "you don't mind if I look in your vehicle do you?" routine, or " do the right thing and it will go better for you", or " I'll just get a search warrant anyway if you refuse", baloney...Let them get a search warrant IF THEY LEGALLY CAN!...AS I SAID, there are no special laws for wardons, they just want you to thinks so......Most people give away their rights when confronted thinking if they don't they will be in trouble...NOT!!!!!.....If you are in trouble, then your are in trouble, do not help the warden by giving him the evidence he needs to convict you......You will never be in legal difficulty by refusing to speak to the law or denying searches.....If they are so right, they will search you anyway...DONT HELP THEM!....They are asking or demanding because they need your cooperation.....Just politely deny and only give your identity information and license.....I'm a retired Police detective and have seen and heard about this type of thing 100's of times....The general public panics if much pressure is put on them by any law enforcement person.....Just say no ,and watch them squirm and get frustrated.

 

Or don't do anything illegal, and they can waste their time trying to find nothing. A retired police officer telling people how to make a police officers job harder? WTH is wrong with you?

[Kevin22]

A regular policeman can ask for it but you do not have to give it. If you say "I dont have one" they will radio the DNR. The city does not have any control on waterways, just land. 

 

The county sheriff and his deputies can enforce fish and game laws as they have control of the waterways as well as the land. 

 

The DNR can and will search any part of your house if they have reason to believe you have fish or wildlife in possession. But that is it, that is all they are allowed to look for without a search warrant. If they open a drawer and find a kilo of crack cocaine they cannot do a darn thing about it. If you refuse them access to your home you will be placed in custody while they do their search, and depending on what kind of a guy you have been they will either let you go or haul you off to jail. 

[Kevin22]

Retired police detective anonymously posting on a fishing forum advising against cooperating with law enforcement?

 

Please, allow me to put my boots on as I smell some poop.

 

 

That is bullcrap. If he was law enforcement then he was a very uninformed officer! If he was a cop then I was the prince of Nigeria. Look at his posts (the ones that have not been removed), all but two are negative towards someone. 

[derekxec]

here in florida the FWC handles wildlife stuff...they are also state police so they can go anywhere in the state and do their job...the police here patrol the waterways but they do it as volunteer unpaid on the weekends if they want but if you decline to show them license they will either call an FWC officer or just leave lol

[rvadog]

Not true in Illinois

Yes it is. The United States Constitution does not offer exemptions for game wardens.  The State of Illinois can write anything in their laws they want but that does not preempt the constitution. There are a couple of things in that section you quoted. For example "pursuant to law" means that the law enforcement authority has to abide buy legal restrictions of their authority. Also the law only allows game wardens to do these searches when looking for mammals and birds and must have "reason to believe"...sounds like probable cause to me.

[Kevin22]

Yes it is. The United States Constitution does not offer exemptions for game wardens.  The State of Illinois can write anything in their laws they want but that does not preempt the constitution. There are a couple of things in that section you quoted. For example "pursuant to law" means that the law enforcement authority has to abide buy legal restrictions of their authority. Also the law only allows game wardens to do these searches when looking for mammals and birds and must have "reason to believe"...sounds like probable cause to me.

 

 

In Illinois a conservation officer may search a home at any time without a warrant if he believes there are fish and/or wildlife in possession. But they will, almost every time, get a search warrant signed off on so they can seize other items as well as the fish/wildlife. All they have to do is see you fishing and they can search your home for fish. 

[rvadog]

I would love to see a citation from a case in which that happens. There is absolutely no way that that's true. State law does not preempt the constitution and a hundred years of case law states that a peace officer must swear a warrant with probable cause in order to search a home.

[Kevin22]

It is true. Look it up.