Re: "unreasonable searches and seizures"



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Posted by Joe B on January 11, 2005 at 18:54:01:

In Reply to: "unreasonable searches and seizures" posted by jlyle on January 11, 2005 at 08:35:44:

You can decline to be searched by F&G, but the penalty would likely be the suspension or loss of your fishing license.

The analysis of "probable cause" for a search or application for a warrant is a little stretched in this context because the F&G would ultimately have to prove that you are either (i) engaged in the commission of a crime - hard to assume based on the mere fact of taking game -- or (ii) in possession of "contraband," stolen property or the proceeds of illegal activity, all again difficult if not impossible to establish based on mere game-taking.

The best analogy would be to a DUI arrest. You can decline the various tests, if you refuse a blood test -- as opposed to a field sobriety test which you are always free to refuse - the DMV can suspend or revoke your license based on that refusal. The police are not going to be able to get a warrant to "seize" your blood to conduct a test absent the most extraordinary of circumstances, possibly not at all. You may or may not be convicted of the underlying offense of DUI based on other evidence.


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