Super User WIGuide Posted April 7, 2014 Super User Posted April 7, 2014 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 WI is brutal, they can confiscate anything you used to harvest illegally. Boat, truck, trailer, gear, wheeler, you name it, if helped you along the way it's fair game.
Zach Dunham Posted April 7, 2014 Posted April 7, 2014 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. And that right there is an abuse of power. You can't be personally frisked without probable cause. Say no and call a lawyer. I am amazed at people who just want to give more power to a few people when a lot of them already let that power go their head. (this part is not directed at you, boostr).
Zach Dunham Posted April 7, 2014 Posted April 7, 2014 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. Right. So now doing something that is legal, owning a gun and carrying it, or having a FISHING ROD, is probable cause for a search. By your logic of "you do nothing wrong, you have nothing to be concerned about", why don't we just give the entire government a direct video line into every room of our homes. If you aren't doing anything wrong, who cares? 4
Zach Dunham Posted April 7, 2014 Posted April 7, 2014 Harsh punishments for violators are absolutely necessary. I am totally fine with confiscation of everything related to the incident if you are caught. But giving law enforcement unreasonable measures and taking away rights unreasonably is going too far.
hatrix Posted April 7, 2014 Posted April 7, 2014 I know a game warden does not need a warrant to search anything. They can come right in your house and search it with no warrant. It happened to a buddy of mine cause they said he was spotting deer. He was actually not but they searched his home with no warrant.
Zach Dunham Posted April 7, 2014 Posted April 7, 2014 I know a game warden does not need a warrant to search anything. They can come right in your house and search it with no warrant. It happened to a buddy of mine cause they said he was spotting deer. He was actually not but they searched his home with no warrant. There is absolutely no way that is allowed unless your buddy had more going on than he was saying or they found something first. Law enforcement will often ask you to allow them to do things they can't do and if you tell them no then that's the end of it. They rely on people not knowing the laws to do things like that. It has happened to me time and time again getting pulled over for speeding (I like to drive fast). I'm fine with getting pulled over and paying my ticket, but I've been asked if I would allow a search more than a few times and I always say no and that is the end of it. A lot of people think they have to and they allow it. Most law enforcement do this.
aquaholic Posted April 7, 2014 Posted April 7, 2014 Just because you have nothing to hide does not mean you have to be inconvenienced and have your 4th amendment broken. 6
Super User iabass8 Posted April 7, 2014 Super User Posted April 7, 2014 I know a game warden does not need a warrant to search anything. They can come right in your house and search it with no warrant. It happened to a buddy of mine cause they said he was spotting deer. He was actually not but they searched his home with no warrant. They need probable cause to enter your home but they do not need a warrant. they cannot just randomly pick a strangers house and enter it at will. They must have probable cause. Probable cause is also not very hard to come by being DNR. Odds are if you are getting a home visit from your local DNR, you are/were either doing something wrong or did something that looked "iffy".
Super User iabass8 Posted April 7, 2014 Super User Posted April 7, 2014 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? The topic is giving up your rights to FISH..... Call me crazy but I think this topic has a little (HEY I COULD BE WRONG HERE) to do with fishing. Especially the general aspect of it.... 2
hatrix Posted April 7, 2014 Posted April 7, 2014 It because he had spot lights on his truck and had been seen coming out of the words and stuff all the time. He is super big into off roading and we think people had called on him saying he was poaching deer. It was just a misunderstanding. Secondly I don't get what people's problem is with others who believe in there rights and dont want them taken away. The violent sovereign citizens movement? My crane operator is a sovereign citizen and is the nicest and smartest person you would ever meet and is a great firend. Please don't bash people on a topic you are not properly informed about.
fishinthedacks Posted April 7, 2014 Posted April 7, 2014 I agree this should remain on this section but that's up to the mods. I think it's an interesting topic. I'm friends with a lot of cops infact my future wife is one local Sherriff Deputy here in Montgomery County. So I know ALL too well dirty tactics used. She doesnt use them of course.... lol but I'm there for a lot of discussions. She is not up to date on fishing laws which is why I questioned another friend of mine who is an angler so he pays extra attention to the sportsman laws as well as his normal field of duty. But most cops couldn't tell me when I moved back from Florida if my civil war pistol (national arms company break top .38) needed to be registered or not due to age. (It does) but I pulled it out and asked all of them is this illegal not to have registered. Which I did not at the time. All of them shrugged and said no clue how you would even go about registering if you need to. I figured it out by taking of handle and finding a serial # went to a judge friend of mine for a quick pistol permit (not the hassle most of you have to go through lol) and got it and my other guns registered because in Florida it was a simple process compared to NY.
Super User K_Mac Posted April 8, 2014 Super User Posted April 8, 2014 iabass8 I think you're correct sir. This topic may not interest everyone-so what! This is a discussion forum don't ya know. I do not consider myself to be in the lunatic fringe when it comes to personal freedom, and there are times when Law Enforcement officers cross the line. Just because a lawman thinks he has reason to stop or search someone doesn't necessarily mean he does, and just because he stops someone doesn't mean they are guilty of anything. When they cross the line they are subject to legal and civil penalties. It is a system that works pretty well most of the time.
FlipnLimits Posted April 8, 2014 Posted April 8, 2014 I agree this should remain on this section but that's up to the mods. I think it's an interesting topic. I'm friends with a lot of cops infact my future wife is one local Sherriff Deputy here in Montgomery County. So I know ALL too well dirty tactics used. She doesnt use them of course.... lol but I'm there for a lot of discussions. She is not up to date on fishing laws which is why I questioned another friend of mine who is an angler so he pays extra attention to the sportsman laws as well as his normal field of duty. But most cops couldn't tell me when I moved back from Florida if my civil war pistol (national arms company break top .38) needed to be registered or not due to age. (It does) but I pulled it out and asked all of them is this illegal not to have registered. Which I did not at the time. All of them shrugged and said no clue how you would even go about registering if you need to. I figured it out by taking of handle and finding a serial # went to a judge friend of mine for a quick pistol permit (not the hassle most of you have to go through lol) and got it and my other guns registered because in Florida it was a simple process compared to NY. It's an antique firearm and therefore does not need to be registered. Same as my ww2 weapons. To original topic...Paranoia will destroy ya! Why would the DNR search your home if your basket/creel/cooler doesn't have illegal fish? There's no reason for it and they wouldn't waste their time. An officer can search you without probable cause if he asks you and you allow him to, and/or he feels there is something that is of a threat. If you're fishing along a bank and an officer asks you for your license, and you have one, he would leave wouldn't he? There would be no reason for further conversation. If a game warden checks your boat and you're legal, his job is done and he's gone. Never had a problem with law enforcement unless I deserved it And I haven't deserved it. An illegal search gets a lawman fired and sued! Why would a professional risk losing his good paying job to illegally search you if you are not breaking any laws? Just doesn't make sense. Some of the stories above, about illegal searches, may have been legal by law and you just didn't know it. Not to mention, we are only reading one side of the story. I wish there were more DNR, LE, Game Wardens, etc. on the waters I fish! It may curtail some of the idiots we see out there.
greyleg33 Posted April 8, 2014 Posted April 8, 2014 Anybody that thinks some of the more outrageous searches mentioned are OK because you have nothing to hide should study and understand the Constitution--particularly the Bill of Rights. 1
fishinthedacks Posted April 8, 2014 Posted April 8, 2014 It's an antique firearm and therefore does not need to be registered. Same as my ww2 weapons. To original topic...Paranoia will destroy ya! Why would the DNR search your home if your basket/creel/cooler doesn't have illegal fish? There's no reason for it and they wouldn't waste their time. An officer can search you without probable cause if he asks you and you allow him to, and/or he feels there is something that is of a threat. If you're fishing along a bank and an officer asks you for your license, and you have one, he would leave wouldn't he? There would be no reason for further conversation. If a game warden checks your boat and you're legal, his job is done and he's gone. Never had a problem with law enforcement unless I deserved it And I haven't deserved it. An illegal search gets a lawman fired and sued! Why would a professional risk losing his good paying job to illegally search you if you are not breaking any laws? Just doesn't make sense. Some of the stories above, about illegal searches, may have been legal by law and you just didn't know it. Not to mention, we are only reading one side of the story. I wish there were more DNR, LE, Game Wardens, etc. on the waters I fish! It may curtail some of the idiots we see out there. See I was told because it's a pin fire and they still sell bullets for it at wal mart I would need one. From the judge.... Are your WW2 rifles or pistols? I really never wanted to risk getting it registered. So if you can provide me the law on this I'd like. I'd personally like it OFF my pistol permit.
fishinthedacks Posted April 8, 2014 Posted April 8, 2014 By the way you are not in NY. NY pistol laws are far more strict. In florida you only have to be 21 and have a clean record to get a pistol.
Brian Needham Posted April 8, 2014 Posted April 8, 2014 don't forget either..........possession limit extends to your freezer at home, fact. I had a friend of mine have a game warden show up at his door because someone told the warden he had 100s of bluebill in his freezer...... which he did at one time, but not when the warden showed up. you are not protected, so don't think you are.
fishinthedacks Posted April 8, 2014 Posted April 8, 2014 don't forget either..........possession limit extends to your freezer at home, fact. I had a friend of mine have a game warden show up at his door because someone told the warden he had 100s of bluebill in his freezer...... which he did at one time, but not when the warden showed up. you are not protected, so don't think you are. Well technically they can only go based on days that it was legal to catch vs. whats in your fridge. Which a lot of panfish are upward of 50 per day. So not a big deal. However at say a 5 day bass limit and 5 days into the season if you have 100 filets in your fridge you are in trouble. But if people who are doing it illegally are smart enough to date the bags say a year old. It's a tough thing to prove. Truthfully people should respect the law. I never even keep the limit (except in a tournament) yet alone go over it. It's more of a darn it's 6 pm I'm hungry and I could go for some fish as I'm on the lake and catch a couple of keepers and decide they will be dinner. Or go for one of my "eat only what you catch/hunt" trips. At that point we bring some jerkey/slim jims and peanuts. Enough to last a few days and better get to work catching or we ration. Good training exercise for your body as well. Unless you are poor or live off the land I don't see why people would keep what they shouldn't. People who live off the land shouldn't be held to such limits.
Brian Needham Posted April 8, 2014 Posted April 8, 2014 Well technically they can only go based on days that it was legal to catch vs. whats in your fridge. Which a lot of panfish are upward of 50 per day. technically that is not what the warden point blank said....... the creel limit is 50, and possession is 100. according to the warden, if you have 101 bluegill in your freezer you are over the limit.
Super User K_Mac Posted April 8, 2014 Super User Posted April 8, 2014 technically that is not what the warden point blank said....... the creel limit is 50, and possession is 100. according to the warden, if you have 101 bluegill in your freezer you are over the limit. Brian that is the way it works. Possession limits are exactly that, and the number of fishing days is not relevant. That is an area of the law that can get many who pan fish in trouble, because stockpiling fillets is not legal.
Brian Needham Posted April 8, 2014 Posted April 8, 2014 Brian that is the way it works. Possession limits are exactly that, and the number of fishing days is not relevant. That is an area of the law that can get many who pan fish in trouble, because stockpiling fillets is not legal. I know, fishinginthedacks was the one disagreeing. personally I think the rule is stupid, because like my friend, he keeps bluegill and crappie, "stockpiling" then eats fish all year long..... he never keeps more than the limit on any trip. for anyone to be able to check a man's freezer for fish caught legally over time is silly to me. I know what you said is 100 percent correct...
Super User J Francho Posted April 8, 2014 Super User Posted April 8, 2014 Possession limits are to discourage commercial fishing. Don't know how they could count or identify fillets. Don't know why anyone would freeze fish without filleting. Sounds fishy, lol. 1
Super User K_Mac Posted April 8, 2014 Super User Posted April 8, 2014 Brian it is sometimes hard to convey meaning on the interweb. I was just trying to agree with you. FWIW I also agree that having some legally caught fish in the freezer should not be illegal. The problem is trying to protect fisheries from those who would abuse the privilege. 1
Brian Needham Posted April 8, 2014 Posted April 8, 2014 Possession limits are to discourage commercial fishing. Don't know how they could count or identify fillets. Don't know why anyone would freeze fish without filleting. Sounds fishy, lol. if you have one of the vacuum sealer deals, that is the best way to do it. put the fish in whole and seal it....... when you get ready to eat it, it taste like you just caught it.
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