Giving Up Your Rights To Fish.

[EvanT123]

Stopped by a lake today to wet a line. Skunked of course. Anyways I wasn't there 5 minutes when I looked over my shoulder and saw THE LAW, Mr.DEC coming my way. As always I was pleasant and produced my id and fishing license. Had my backpack open and some planos out he looked them over as we were chatting. He had a young man with him an intern he explained to me and proceded to explain to the intern the license checking process.

What I learned from the conversation was by purchasing a fishing license I had waved my right to unreasonable search and seizure while fishing. The officer explained that if he wanted to he could search my entire bag and vehicle since they were being used in the act of fishing. I forget the term he used but basically fishing is a regulated activity. Not really a big deal since I have nothing to hide but interesting none the less; this was the first I heard of waving my rights. . Officer said really the law is used on hunters poaching animals but could be used on me.

I live in New York don't know the laws in other states but be safe and keep everything on the up and up everyone.

[fishinthedacks]

Wow! I'm about 45 mins from you and know a lot of cops but they refer to DEC as Trout Troopers and don't really know any laws when it comes to hunting/fishing unless they themselves hunt or fish and even then they have a very if I flash my badge I'm fine mentality. But this I've never heard of but makes total sense. I mean we could be holding our daily limit for DEC to see but have a truck full of 20-30 bass... Very interesting I'll have to send a text to one of my cop friends who fishes and see what the exact law on this is. I've always heard DEC actually has ways around a lot of laws that cops don't but never asked for anyone to elaborate.

[EvanT123]

^^^ the officer actually spoke to the last part of your post. Mentioning the whole they are more powerful than regular police and I guess it comes back to hunting and fishing being regulated activities.

An example he gave was if you're found walking out of the woods with a gun they are going to search your vehicle because they are going to assume you were hunting.

[fishinthedacks]

It makes total sense. I just got a text back from a local sheriff. He said yes they can search your vehicle, you give up that right but you don't give up the right to have other law enforcement or an attourney present. None of us are worried about this really. We are fishing not smuggling drugs haha. But they do have certain guidelines they must follow. It's not quite as leanant as say border patrol tearing apart our car. They have the right to look in reasonable places for animals. If you have a pistol for instance and you produce a pistol permit. They don't have the right to search glove boxes, and center consoles because in this instance they are looking for a deer, bear etc. So if they open up your center console claiming they are looking for a deer or it's meat? They abused protocol and if they find something small and illegal it's going to get thrown out. Their job was to look for an illegal item and even with fishing who is going to throw an extra fish or two in their glovebox?

 

Again we're grasping at straws here, but we don't totally give up our rights and they won't be putting a knife to our car seats looking for fish. Basically just open your trunk, let me have a peak to make sure you don't have a cooler full of illegal fish.

 

 

Still kind of crazy to know they have the right to take away some of our rights.

[EvanT123]

Overall it makes sense to me. Like anything else gotta make sure you follow the law.

[fishinthedacks]

Right.

 

 

Haha on a funny note my friend goes why? You don't do drugs. Do you need me to come get you out of this? haha. Had to forward him this link to let him know it was just in inquiry.

[jbsoonerfan]

Game and Fish officers hold more power than any other law enforcement officer in Oklahoma. They can search you, your vehicle or house at anytime. However, I don't think they would do so unless the had really good reason to do so.

[TheSmilingSwordsman]

It doesn't surprise me. I have a game warden friend here in Texas that is regularly called down to the border because he has greater rights of search and seizure than the other departments.

[Grizzn N Bassin]

i knew that , any they catch quite a few people checking in trucks after a day of fishing . best to do the right thing when nobodys looking. karma

[FlipnLimits]

No rights have been lost, it's been this way for a long time.  If the DNR finds illegal fish in your car, creel, or boat, they may search your home also.  In your state regs, there is a daily creel limit and a possession limit.  The possession limit constitutes the total amount between the fish you have with you at the lake and what's in your freezer.  This law has been in the books for as long as I can remember. 

 

Sounds like OK has the same laws as IL.  And WI has some brutal fishing laws and fines!  They can confiscate your fish, gear, and truck!  Illinois has state laws and site-specific laws.  It's wise to get an updated fishing regs booklet every year and stay on top of your state laws inre possession and creel limits.  If you're a tournament fisherman, some states do not allow culling.  I have seen the DNR using binoculars to search for fishermen culling.  I prefer not to fish tournaments with these regs.

 

Local law enforcement cannot call DNR to search your car because they have more search powers.  UNLESS, there is game involved.  If this has happened to you, get a good lawyer and you will win the case and may have a civil suit. 

 

FL

[G8RBob]

My only traffic citation in the past 40 years was handed to me by a Florida game warden.  Speeding.  He informed me that he was a sworn law enforcement officer and had the powers of arrest.  I told him that an arrest wouldn't be necessary, just write the ticket.  I thanked him for his service to Florida wildlife and we then parted ways. 

[0119]

Same goes for your drivers license.  Driving is not a right but a 'priviledge' that can be revoked at any time.  By signing your drivers license you are submitting to taking a test of your breath/blood for its alcohol content.  If you dont its immediate suspension.  Not much different really.  I'm glad they have those powers, wish they had more.  Honest sportsmanship never has anything to fear.  And  if you dont have anything unlawful in your vehicle you having nothing to fear.

[boostr]

I don't know if a marine patrol is similar to Game warden or a DEC, butWwhen I lived in Miami, I got pulled over by by one of them. He made me get out of my vehicle and move to the front of my vehicle and then frisked me. He told me he puLled me over because I cut him off when I made a left turn at a stop sign in an intersection. When I told him I didn't because I saw him about a hundred yards down the street when i made the turn. I guess he got ticked because I was right, so to teach me a lesson he made me exit my vehicle and bust my balls. I thought it was funny because I wasn't even on the water.

[AK-Jax86]

I can understand checking your fishing equipment and even your vehicle for coolers which may contain fish. But other than that I can't see how they can search your vehicle like a police officer would.

[Scott F]

Game wardens are police officers. They go through the same training and have the same ability to enforce all of the laws including the ability to search your property for wild life violations.

[Master Bait'r]

Gotta love it...  "Oh these laws are for poachers...  Now get out of the boat and prepare for a cavity search, tackle search, car search, and we're kicking  in the door to your house right now too"  

 

 

Honestly where is the need for such callous disregard for rights- and where is the differentiation???  No, if someone stops me and tells me I've waived my rights...  I'm calling a lawyer immediately even if I know I've done nothing wrong.  If five hours later when said lawyer shows up they still want to search my property/vehicle only to find nothing...  Good for them I guess?  If some badge bully wants to exercise their "right" to search all my property solely at their discretion I'm going to exercise mine to the fullest extent too.   

[J Francho]

Most DEC officers understand that responsible anglers are stewards of our resources. We their eyes and ears on the water. I hope you got his cell number, and put it in your phone. It's much more effective to call them directly than try the poaching hotline.

[bigbill]

The DEC or DEEP as there called in ct have more power than a state policeman.

I was stopped while on my land in vt. While bear hunting. The first think we did was to put down our guns to ease the tentions. Then we talked and everything was ok.

But the deep in ct aren't that nice. Some can be nasty.

It's a one sided sword. I seen one deep officer Chase a whole family away that had no licenses for fishing.

One of my buddies pulled up in his truck and yelled he'd be back to check for fishing licenses one night. The whole family even an old lady ran too. After he drove off.

[Missourifishin]

Other law enforcement officers need probable cause (or your permission) to search your vehicle. Isn't it the same with game wardens?

[Master Bait'r]

Other law enforcement officers need probable cause (or your permission) to search your vehicle. Isn't it the same with game wardens?

 

 

No animal laws are more important than those involving guns, drugs, and any other violent offenders.  #hadtobealiberal

[K_Mac]

Game wardens are police officers. They go through the same training and have the same ability to enforce all of the laws including the ability to search your property for wild life violations.

 

That is exactly right Scott.

 

Gotta love it...  "Oh these laws are for poachers...  Now get out of the boat and prepare for a cavity search, tackle search, car search, and we're kicking  in the door to your house right now too"  

 

 

Honestly where is the need for such callous disregard for rights- and where is the differentiation???  No, if someone stops me and tells me I've waived my rights...  I'm calling a lawyer immediately even if I know I've done nothing wrong.  If five hours later when said lawyer shows up they still want to search my property/vehicle only to find nothing...  Good for them I guess?  If some badge bully wants to exercise their "right" to search all my property solely at their discretion I'm going to exercise mine to the fullest extent too.   

 

MB I completely agree with the idea that our rights as free men need to be honored by Law Enforcement. My experience with DNR agents make it clear to me that the ones I have dealt with here in Illinois feel the same way. An agent with reasonable cause will not wait five hours to search your property. If you refuse to comply he will put you in cuffs, and do it anyway. You will then have access to the legal system to make your case. My point is if your rights are violated by any Law Enforcement there is a right way of dealing with it. Use the system. Refusing to comply will not end well... 

[Master Bait'r]

That is exactly right Scott.

 

 

MB I completely agree with the idea that our rights as free men need to be honored by Law Enforcement. My experience with DNR agents make it clear to me that the ones I have dealt with here in Illinois feel the same way. An agent with reasonable cause will not wait five hours to search your property. If you refuse to comply he will put you in cuffs, and do it anyway. You will then have access to the legal system to make your case. My point is if your rights are violated by any Law Enforcement there is a right way of dealing with it. Use the system. Refusing to comply will not end well... 

 

 

 

That's not refusal to comply, that's a reasonable accommodation based on the rights afforded to me by the same laws and letters that afford them theirs.  If I am allowed to have an attorney present during searches and then arrested for attempting to exercising that right, that would be a direct violation of the (very few) rights that we are afforded in this case and would likely result in more paperwork for said officer.  Lots and lots and LOTS of paperwork.  That said, it is ALWAYS easier to just be cool and let them make sure you aren't a scumbag.  I've got nothing to hide.  

 

 

It's worth mentioning that I've never had even the slightest of problems with any DNR guys.  Around here they seem to just be great guys just checking in on things and I honestly wish they did more often- lots of people dumping, littering and poaching left and right around here and nobody seems to care except me and a handful of others.  If I ever ran into some shoulder chip grower type though, I would not hesitate to exercise my rights.  That is why they're there after all!  Hope you didn't take my post to mean any kind of disrespect to them or their work, (it is very important!)  but the very insinuation that I've given up my rights to be legally allowed to fish I find preposterous, personally.  

[tatertester]

Wardens must adhere to the doctrine of reasonableness when in search,seizure, or arrest situations especially when it applies to your person or house.....They must have a reasonable belief that you may have violated a law or are hiding evidence that you have violated a law to go beyond basic license check and observational checks......Wardens do have wide ranging powers , but, not powers without limits, as many would like you to believe. your rights are protected by the 4th amendment and the tenant of reasonableness....Many people interpret that Wardens have total right to do whatever they wish when it involves search ,seizure or arrests , and, this is simply not true.

[SirSnookalot]

Other law enforcement officers need probable cause (or your permission) to search your vehicle. Isn't it the same with game wardens?

A fishing rod, cast net or a rifle IMO is probable cause for search.  The biggest problem in Florida is just not enough FWC officers in the field.  I've yet to seem them flex their muscles without a good reason, like a border patrol agent they "sniff out" offenders, they read body language quite well.  You do nothing wrong, you have nothing to be concerned about.

[0119]

Either a lot of you have something to hide or the violent soverign citizens movement has a strong foothold in the fishing fraternity.  Hey mods...... what does this all have to do with General Fishing?  Isnt this whining more applicable to the Off Topics Board?