Posted by RealityCheck on August 01, 2002 at 21:14:04:
In Reply to: Re: Not my understanding ! posted by Captian Tim on August 01, 2002 at 20:04:36:
Someione mentioned that the DFG can search your house. Actually, they cannot. As a quasi law enforcement entitty, they would have to have probably cause to believe that your abode contains contraband, and they would have to convince a judge of such for the purpose of issuing a search warrant. In fairness, lots of law enforcement just lies.
As to searching your belongings, I suggest you exercise your Constitutional right against unreasonable searches. It is my personal policy that if they want to search my game bag, my gear bag or my vehicle, they can go get a search warrant. Whatever their reason for existing is, it does not trump my right to be free from fishing expeditions at the expense of my liberty.
I don't advocate or condone violating lobster laws, and I don't care how big a legal bug is, if it is female and pregnant, it goes back in the drink. I have seen DFG types blocking the walking path of divers coming off mutidays out of Santa Barbara and lining up peoplke to search their gear bags. How unconstitutional! But if you believe your rights have been violated and you recieve a DFG citation, I personally would ignore it, then after 4 months minimum has transpired, you file a Rost motion to dismiss on the grounds of a lack of prosecution. It is a nice tidy little 4 page word processor file I keep on my computer.