Posted by Dave on October 07, 2005 at 06:17:17:|
In Reply to: Re: Looks like overbreadth to me posted by Wyatt Earp on October 04, 2005 at 18:58:21:
I also believe the claim that DFG can search your person, boat and effects ABSENT probable cause would also not pass Constitutional muster.
The Constitution is the law of the Country, and no other laws prior to it have any force or effect.
DFG types are police: F&G Code S 851. "A deputy appointed to enforce the provisions of this code is a peace officer. The deputy has all the powers and authority conferred by law upon peace officers listed in Section 830.6 of the
Police AKA DFG MUST have probable cause to believe a crime has been committed before a stop can be commenced. A stop meets the legal definition of an arrest by the way. That is why I never consent to a search to any cop, and that includes the DFG. Doesn't make a differences that I am not violating any laws, my privacy rights are more important to me then convenience gained by subservient submission to governmental criminals.......They can go get a seach warrant, at which time they must articulate why they believe a person has committed a crime or is concealing contraband. Swearing out a warrant with information to a judge that is not true is illegal. You can't just tell a judge when asking for a search warrant: "Well, he or she was on a dive boat and others were taking game" any more then you could tell a judge that since Los Angeles City has crack sales in homes, and the home in question is in L.A., you therefore suspect soley based upon that that they too might be a crack house."
It would never fly......
"Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety'."- Benjamin Franklin
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