Case reopened, lol

AquaFlite Custom Wetsuits, Dive Skins, and Dive Parkas

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Posted by Dave on November 03, 2005 at 11:56:54:

In Reply to: Response to Captain Tim's questions regarding the DFG search posted by John Refkin on November 03, 2005 at 08:02:53:

Hey, I hope someone here admires my dogged determination...lol..

I have alot to say in response to John Refken, but I don't have tiome at the moment, but....

John stated this:

"Being a dive boat and observing that there are divers in the water is probable cause to conduct a search under Fish and Game Code section 1006 and Fish and Game Code section 7702."

Fish and Game Code Section 1006 actually says this:

1006. 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.

Nowhere in this Section does it state that a dive boat with divers in the water is probable cause to search.

John, your contention is stated erroneously.

As to 7002, I still does not appear at first glance to remotely suport your contention that seeing divers on a boat is probable cause to search:

7002. The state agencies specified in Section 7000 may exercise the
powers specified in that section for the acquisition of rights or
interests in real property within the coastal zone, as defined in
Section 30103 of the Public Resources Code, for scenic easements or
any of the other purposes specified in Section 7000. The provisions
of Section 7001 shall apply to the provisions of this section. Such
agencies may expend any funds appropriated for such purposes in the
acquisition of such rights or interests in real property.

In the meantime, John, try to limit yourself to a cognitive argument as you appear occassionally capable of..suggesting one is as "domestic terrorist" just because they are strict Constitution Constructionist and firmly believe in the right to privacy and to be left alone when not comitting any crimes is hyperbole although I have been called the Gangster of Love, lol.... (although I did admittedly find your "lab rat" label quite clever and got a great laugh out of it..I am always up for people giving me a good thrashing as long as it is really funny)

Anyway, when I have more time and some more research I will try to respond to the rest of your post.....

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