Posted by Ken Kurtis on November 29, 2000 at 11:50:50:
In Reply to: Sunfish posted by JRM on November 29, 2000 at 10:18:05:
(JRM wrote) After nearly getting strip-searched by Fish & Game (he went through the bags, ice-chest, kayak dry-bags, and pretty much the whole van) . . . For some reason he didn't want to believe that I was the only game-taker of the two of us . . .
Actually, you bring up a very interesting point. What are the legal limits of DF&G to do a search?
And I'm thinking more of the second part of your statement and in my own case as someone who has NEVER taken game. Suppose I come out of the water, DF&G is there, and don't believe I'm not a game-taker. Where do they cross over the line? On general principle, my temptation would be to refuse to allow them to willingly search my car.
However, I'd obey a direct order. My understanding of the difference is that if they say, "Do you mind if I search your car?" and you say, "Okay, go ahead," you've consented to the search so your consent makes it legal. However, if they ORDER you - after you refuse the request - to let them into your car, the onus is now on them should you challenge the legality of the search under consititutional protection from unreasonable search and seizure.
CalDiver or any of the legal beagles want to weigh in with some guidance, case law, or thoughts?
NAUI Instr. #5936
Co-owner, Reef Seekers Dive Co.
Beverly Hills, Ca.
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