Posted by tecdiver on August 02, 2002 at 00:09:18:
In Reply to: DFG and the Constitution posted by RealityCheck on August 01, 2002 at 21:14:04:
I agree with you as far as your right to be protected by the fourth amendment. First I could be wrong about this but I belive DFG while in the performace of their duties has full peace officer status within the state.
Here is where you can be snagged and have no other option but to give in to the search. Say DFG stops you, they ask to see your game if any that you posses. Now by DFG rules and regs you must show. Now it depends on the situation, your bag in plain sight with catch in it. I would not refuse if I were you, you might just catch more than a ticket. Say you let them look at the catch and everything seems to be ok, but they wish to look in your bag or whatever that is not in your immediate posession and not in your immediate control. They would not have probable cause unless it was an on going investigation and then they would get a warrant. If they belive you have game somewhere and that somewhere is under your control by law they can ask to see. If they want inside your locked vehicle because they saw you earlier placing what looked like game in said vehicle and you refuse they could arrest you and then legaly search. If they found no violation they would release you. You could not scream false arrest either. Now as far as recieving a citation this is just like a traffic ticket you are signing your promise to appear. Failure to appear is a misd. and a seperate charge. Posting bond is the same as paying the citation. You do not seem like you are breaking the rules so for your own sake don't test your theories.