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Posted by Dave on November 01, 2005 at 22:52:32:

In Reply to: Re: Let's all ignore ignorant Dave. posted by Captain Tim on November 01, 2005 at 21:29:53:

Finally, a civil question from a great boat with an equally sterling dive captain reputation. Thanks!

To answer.....

1. The boat was boarded without probable cause to believe a crime had occured.

2. There was no evidence of exigent circumstances negating the need for a search warrant.

3. Personal effects where the owners had a reasonable expectation of privacy were searched without probable cause.

4. Personal effects where the owners had a reasonable expectation of privacy were searched without consent.

For the same reason police cannot detain motorists just to check to see if they have a drivers license (even though one must have a drivers license in their posession to drive) has been ruled to be unreasonable and therefore a violation of the Constitution, it is my opinion that such Constitutional laws apply no less when one is diving or driving.

We went deeply into Constitutional laws as it relates to searches and seizures in my police academy....we had some real rocket scientists teaching at my academy, and I asked them "...since when does the F&G Code or the border patrol at the non-border of Oceanside supercede the Constitution?!" Always stumped them cold....The blather about protecting resources as justification for violating peoples civil rights is as invalid as protecting the public from crime justifying stopping motorists for no other reason then to check for contraband that some motorists carry......one can never do so while violating the 4th and 5th Amendments. It is the old necessity plea: "Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves."-William Pit

Some people do not value their rights nor their liberties, that is their choice to be sheep, some of us though do care, not because we are violating some game or other law, but precisely because we are not. I have a deeply held, profound belief in the right to be left alone and the right to go about my lawful business without having to answer to the goverment. Numerous courts including the U.S. Supreme Court have had the same beliefs when cops have tried to detain negro pedestrians and demand identification for doing nothing more than walking down the street in a predominantly causasian neighborhood.

I have watched divers line up at docks upon disembarking to have DFG block their path and search everyone's bags but mine (I wouldn't let them)......what pacifist sheep trading away their liberties.

It is my personal opinion that the manner in which the DFG brought a boat alongside a well known, well respected dive boat and captain... I believe if I read correctly knowing there were divers in the water, climbing over the railing instead of using the gates is just rude and unprofessional. It sets a bad precedent when I have never heard of that nor experienced it in 30 years of diving SoCal.

I am not schooled in the ways of commercial fishing permits and regs, but is seems rather strange that the diver who was cited for taking 8 lobsters in one day in the name of "protecting the species" the DFG will allow one to circumvent if he had just paid $59.50 more for a commercial fishing license instead of a sport fishing with OE stamp, thus throwing the species protection fraudulent claim right out the window and boiling it all to really what the goverment wants-more $

Why is it legal to take female lobsters who are laden with eggs?! I refuse to do that. But then again, I am the guy on the long range tuna fishing boats who gets routinely made fun of because when live anchovies and mackerel as bait jump out of the flinging bait scoops and flail and writhe all over the deck trying to get into the water, I am the only guy ignoring the fishing and carefully flicking them through the hawsholes and scuppers so they get to live another day and not needlessly and painfully die... only then am I back to fishing....so along with me views of liberty I have deeply held beliefs on rational responsbility including to the environment.



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