|Response to Captain Tim's questions regarding the DFG search|
Posted by John Refkin on November 03, 2005 at 08:02:53:|
DFGs search was legal. Again, I respect Dave’s zeal for the constitution, but case law backed by the age old public trust doctrine clearly states that if you are taking a PUBLIC resource and placing them inside your personal property- you are subject to a search without a search warrant unless the search is of your actual clothing being worn, or if the search is at your home.
A rebuttal to Dave’s points.....
“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.”
Now I am sure Dave will curse and slander me for this so sorry in advance to take away the fun from this website. Dave, like others have said, go F*@k with the Wardens and see what happens to your big court case. Then, I am sure the entire world of DFG will be turned upside down with your wonderful and compelling arguments.
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