Legalities of WDFW Police personal property search

[W4y]

Happened to me a couple months ago, where a WDFW officer wanted to search through my backpack. I obliged (had nothing to hide), but wondering if they need a warrant to do this if I refused. I'm guessing yes, and they can't detain me unless they have reasonable suspicion of breaking of a law.

Thoughts?

[G-Man]

Department of Fish and Wildlife officers have a little more leeway when performing their duties as compared to regular police officers. No where in the State is outside their jurisdiction, they are allowed to pursue (for a limited distance) and apprehend suspects into neighboring States and they can conduct searches of a person and their vessel/vehicle if said person appears to be or have been engaged in the act of fishing or hunting.

[AlexanderS]

Well from what I understand if you are fishing/hunting they have the right to check your coolers/boats/cars if they believe you did something illegal. Game wardens do have more search rights then police officers, in some cases they can check markets,houses,refrigerated with out warrants if they believe you committed a crime. Thats from what I read online about poachers being caught in the past, and in some cases they don't just tow your truck/car they repossess them. I'm still puzzled that they wouldn't need a search warrant for a house,I'm interested I finding out more if anyone knows what they can or cannot do.

[Larry3215]

Call them up and ask.

[natetreat]

IT's right there in the regulations. By purchasing and participating in fishing activities you partially give up your right to privacy. It's on page 12 of your regluations in the bottom right hand corner -

"You are required to -
Show fish, shellfish , and seaweed in your
possession and required licenses, Catch Record
Cards, and gear being used, upon request of a
Fish and Wildlife officer."

[natetreat]

That is when you're fishing. They don't have the right to search your house without a warrant. I believe that they would need a warrant to search your car, or at least probable cause, such as if the game warden saw you stash a poached fish. But I would think that your backpack, tackle box, cooler, stringer would be fair game. The gear in your truck isn't "being used", so that would seem to be off limits without warrant. I would think that they would try if they suspected something, ask them "do you have a warrant?" or "am I under arrest?" If they cite you and search your car, you may be able to use that defense in court, but you'd need a lawyer, because that statute is so vague that it's hard to know the line.

[Diverdoyle]

end of the day they need probable cause .. if you are just walking with the back pack on .. not really a issue if you walking with a backpack and its dripping wet smells of fish and your holding a pole .. they have a right to check it . its only really a worry if you have something to hide . if anything they are just doing their job to try and protect resources for everyone it takes you guys ten mins out of your day shake his hand when you are done and go about your day really .

[Larry3215]

You may as well just smile and cooperate. If you refuse, they will probably just arrest you and then get the warrant - if needed.

If you're trying to hide something other than illegal fish that you dont want them to find, your probably out of luck. Waiting until you are stopped by an officer is way too late to start worrying

[Steelheadin360]

Its just a good rule of thumb to comply with them, and as stated above when you sign your fishing license you give them the right to search everything.

[tnj8222]

People here are wrong. This is America they always need a warrant by a judge to search you without permission.

[natetreat]

Meh, you try that out next time and see how that works for you.

[tnj8222]

Meh, you try that out next time and see how that works for you.

It will never happen but if they did try I would say no. If they continued I would sue them. So far I have a good history of winning lawsuits.

[tnj8222]

Just like a officer they need probable cause.

[BARCHASER10]

I did a Google search on "game wardens right to search". Quite a bit of info on the internet. Wikopedia has info and then there is the link below where the US Supreme Court found in favor of the California game wardens. All these sources say the same thing; game wardens have some rights to search beyond the normal rights of police officers even without a warrant. Surprised me.

http://ivn.us/2012/03/06/supreme-court- ... stop-cars/" onclick="window.open(this.href);return false;

[tnj8222]

Ita really easy to look this up. All police will say they can search you. T he fact is we have the 4th amendment. If the warden didn't see you doing something or have some kind of probable cause they can't violate your 4th amendment rights. You do have to provide I'd no matter what if they ask. You do have to show them any fishing or hunting gear you have with you if Asked. if you put a fish in your bag amd say he can't search that's not gonna happen. Lol. Gotta use your head.

[kodacachers]

Probable cause is different than a warrant. The cop on the street or the game warden can stop you and look in your bag if he has probable cause to believe a crime has been committed. This is different than your home--they need a warrant to enter and probable cause is insufficient.

[BARCHASER10]

Kind of an interesting subject. Last year there was a bill in the Montana Legislature (a very conservative place) to limit the powers of Montana game wardens. The Bill was supported by sportsmens groups and even the Montana State Police! The bill was defeated by a vote of 64 to 36.

According to the article, there was a lot of feeling in Montana that their wardens are out of control. When I was in my late 20's I lived in Billings from 1971 to 1975 and did a lot of hunting. I was raised in Oregon and to me the Montana wardens were very aggressive, much more than Oregon. One time I had a Pronghorn in my '73 Blazer, properly tagged and everything. They tore my Blazer apart, tossed my stuff by the side of the road and didn't find anything, there wasn't anything to find. Seems like some states are willing to give Wardens extra powers.

http://www.greatfallstribune.com/story/ ... /23890783/" onclick="window.open(this.href);return false;

[gassyboy]

Google is amazing.

http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.080" onclick="window.open(this.href);return false;

RCW 77.15.080

Fish and wildlife officers and ex officio fish and wildlife officers — Inspection authority.

Based upon articulable facts that a person is engaged in fishing, harvesting, or hunting activities, fish and wildlife officers and ex officio fish and wildlife officers have the authority to temporarily stop the person and check for valid licenses, tags, permits, stamps, or catch record cards, and to inspect all fish, shellfish, seaweed, and wildlife in possession as well as the equipment being used to ensure compliance with the requirements of this title. Fish and wildlife officers and ex officio fish and wildlife officers also may request that the person write his or her signature for comparison with the signature on his or her fishing, harvesting, or hunting license. Failure to comply with the request is prima facie evidence that the person is not the person named on the license. Fish and wildlife officers and ex officio fish and wildlife officers may require the person, if age sixteen or older, to exhibit a driver's license or other photo identification.

http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.094" onclick="window.open(this.href);return false;

RCW 77.15.094

Search without warrant — Seizure of evidence, property — Limitation.

Fish and wildlife officers and ex officio fish and wildlife officers may make a reasonable search without warrant of a vessel, conveyances, vehicles, containers, packages, or other receptacles for fish, seaweed, shellfish, and wildlife which they have reason to believe contain evidence of a violation of law or rules adopted pursuant to this title and seize evidence as needed for law enforcement. This authority does not extend to quarters in a boat, building, or other property used exclusively as a private domicile, does not extend to transitory residences in which a person has a reasonable expectation of privacy, and does not allow search and seizure without a warrant if the thing or place is protected from search without warrant within the meaning of Article I, section 7 of the state Constitution. Seizure of property as evidence of a crime does not preclude seizure of the property for forfeiture as authorized by law.

http://apps.leg.wa.gov/rcw/default.aspx?cite=77.15.096" onclick="window.open(this.href);return false;

RCW 77.15.096

Inspection without warrant — Commercial fish and wildlife entities — Limitations.

Fish and wildlife officers may inspect without warrant at reasonable times and in a reasonable manner the premises, containers, fishing equipment, fish, seaweed, shellfish, and wildlife, and records required by the department of any commercial fisher or wholesale dealer or fish buyer. Fish and wildlife officers may similarly inspect without warrant the premises, containers, fishing equipment, fish, shellfish, and wildlife, and records required by the department of any shipping agent or other person placing or attempting to place fish, shellfish, or wildlife into interstate commerce, any cold storage plant that the department has probable cause to believe contains fish, shellfish, or wildlife, or of any taxidermist or fur buyer. Fish and wildlife officers may inspect without warrant the records required by the department of any retail outlet selling fish, shellfish, or wildlife, and, if the officers have probable cause to believe a violation of this title or rules of the commission has occurred, they may inspect without warrant the premises, containers, and fish, shellfish, and wildlife of any retail outlet selling fish, shellfish, or wildlife. Authority granted under this section does not extend to quarters in a boat, building, or other property used exclusively as a private domicile, does not extend to transitory residences in which a person has a reasonable expectation of privacy, and does not allow search and seizure without a warrant if the thing or place is protected from search without warrant within the meaning of Article I, section 7 of the state Constitution

[BARCHASER10]

"Transitory residence" seems to mean that the warrantless search power does not extend to a camper or RV like you would use on a fishing/hunting trip. Otherwise, pretty broad powers.

[W4y]

Thanks everyone for your thoughts. Looks like if they have reasonable suspicion of breaking a law, they can search you without a warrant, however, if I'm just walking out of the woods, with pole in hand, though I am legally required to show my catch, they can't proactively require a personal property search...am I reading that correctly?