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Posted by John R on May 24, 2004 at 08:16:53:

In Reply to: DFG Thug busted by patriot citizen! posted by Freedom fighter on May 23, 2004 at 21:27:01:

First of all, this guy canít even spell. He is either ignorant and a liar, or a poacher- and I donít care for either. I used to be under the same impression about unreasonable searches and seizures, so guess what I did? I looked up some game laws up instead of bashing the only guys who are the front line of protecting our resources. Look, Iíll be the first to say that Fish and Game guys can be a little rude, but I am a law abiding guy. I love this country and the state of California. Freedom fighter needs to look at the California Fish and Game Code section 1006. It states: The department may inspect the following:
(a) All boats, markets, stores and other buildings, except dwellings, and all receptacles, except the clothing actually worn by a person at the time of inspection, where birds, mammals, fish, reptiles, or amphibia may be stored, placed, or held for sale or storage.
(b) All boxes and packages containing birds, mammals, fish, reptiles, or amphibia which are held for transportation by any common
carrier.

Secondly Fish and Game Code section 7702 states: The department may enter and examine any canning, packing, preserving, or reduction plant, or place of business where fish or other fishery products are packed, preserved, manufactured, bought or sold, or board any fishing boat, barge, lighter, tender, or vehicle or receptacle containing fish, and ascertain the amount of fish received, or kind and amount of fishery products packed or manufactured and the number and size of containers or cans for fishery products purchased, received, used, or on hand and may examine any books and records containing any account of fish caught, bought, canned, packed, stored or sold.


Guess what, that means a Game Warden can search your dive bag, your fish market, your car, your boat, your cooler ĖWITHOUT CONSENT- if you have been diving or have been fishing. The only probable cause they need is reasonable believe that the individual has been diving or fishing. They are the only law enforcement agency in California that has this type of search authority. WHY? What I was told by a Game Warden is fish and or game is a public resource. Public resources are public property. Once people start participating in the privilege of taking fish and/ or game into their possession, then they give up their search rights to anyplace where this public resource can be found. The only exception to this rule is a house or residence. Then the fishcops have to get a warrant.

If we didnít have these laws, jerks like this abalone poacher from San Diego would still be getting away with murdering the abalone resource. So if Freedom Fighter doesnít like the way Americans do business here in the states, he can move to another country. Iím sure he may find that fishing and hunting opportunities are much better abroad. He also needs to stop making up stories about our local agencies who are all we have to catch these A#$hole poachers. I didn't hear anything about such a lawsuit and you know it would have made big headlines. This guy is dreaming.




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