Hey everybody!! I was just curious if a game warden can pull up to your boat (setting on the trailer in the parking lot at the launch)and without your permission climb in and search through your boat, boxes and all? It was not a big deal since I have nothing to hide, but I thought it was strange that she searched my boat, while my fishing partners watched, I was cleaning fish at the river. Could you more experienced gentlemen tell me if this is within the gamie's rights?

Thanks for the input, I just want to be ready if it happens again. Nothing worse than arguing with someone when you don't know whether you are right or wrong.

Good fishing, Doubletake

I don't know if they have the right. They might, but it sure sounds wrong and dangerous to go rummaging through someone's boat without permission. People get shot doing things like that! Wardens suits or not.

I'm pretty sure they do have that right. I know of one instance where a game warden looked into a film canister in a drift boat and made an arrest/ticket for pot. This was thrown out of court because the warden was searching the boat for possible poached fish and had no reason to suspect a fish could have been crammed into a film cannister. There was never a question as to the wardens right to search the boat or it's contents that could have held poached fish.

The same thing happened to me the other day on the same river you fish all the time, Doubletake. It was a blonde female game warden and she searched my fishbox, my storage box, which she removed my life jackets in the process, and even checked in the back of my Jeep. Wazzup, wit dat? I actually didn't care as I have nothing to hide except it is an invasion of privacy. I know that police officers may not search your car unless they have probable cause. I am sure that wardens follow the same guidelines.

Justin
CEO, Sauk River Steelhead Ranch

Total Bull****, They have no reason to go rummaging through anyones stuff without asking first, just because they have a gun and a badge they think that they can do whatever they want. While they are there messin with someone who is most likely playing by the rules, some guy somewhere is loading a poached animal into a rig off of the beaten path where they are to scared to wander. The film canister deal sounds familiar, about 10 years ago I got busted smoking weed on the river bank by an under cover game warden, he took the pot, wrote me up and when I went to court they could not produce the weed, well of course it was good stuff so the game warden kept it for himself and I walked away with no violation. that works for me and I am sure the weed worked for him.
Peace Superfly

I am pretty sure that they have to follow similar gudelines as the police.
ie :probable cause.
Did she see illegal gear,a gill net, or anything else to make her suspect something was up? I doubt it.

I would suggest writing the F&G and let them know that you are not happy with illegal searches.

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"Just Say No To Sovereign Nations!"

[This message has been edited by riverswild (edited 12-31-2000).]

Actually They havethe right just on the Idea that you might have poached. Acouple of years ago a guy told me one pulled him over on the highway near IIwalco and took everything out of his boat and searched it high and low. Then threw it back in and dove off to leave him to store it all away. Apparently they have more power in that area than the cops. Kind of like the Coustoms service has.

It's scary because I know of a couple of wardens that scare me to death.

They do have the right. When you buy a fishing or hunting lisence you agree to be inspected at any time by a gamie. Its a mixed deal. On the one hand it sucks to get strip searched. On the other, they catch poachers by doing it. Those guys hide their take pretty well and the only way they get busted once they leave the kill area is by a search.
I wonder if that blonde gamie would be interested in doing a cavity search??? If its the same one I saw a couple years ago, it would be ok.

Even if they do have the 'right', wouldn't it be better if they asked first? It sure would go a long way toward public relations, and our government agencies often tend to ignore this very useful tool from the real world. It would sure help soften the view a lot of us have toward them. Besides, if somebody says no, they can still initiate the search, AND now they have a real reason to be suspicious......

I know the lady you guys are talkin about!As we were leaving a little out of the way river we fish she pulled up and blocked the road in front of us.All she did was check our license, but she kept tryin to see over into the bed of my pickup,but with the 6" lift and 36" tires she was a little to short..We kinda chuckled and went on our way!!!TM

I would really like to know the real facts concerning the unwanted searches.. I can't believe they have permission to climb into my boat anymore than they have permission to walk through the doors on my house. If they ask for permission then that is fine. If permission is denied I think then they would need a search warrent inorder to do the search unless they had real probable cause to initiate the search. I've never been overly cooperative with them because they treat everybody as guilty first and you are responsible for proving yourself innocent!!That B.S. doesn't go very far with me! I know that a Game agent cannot walk into my hunting camp and stick his head in the door without permission. There must be someone out there that knows the real laws concerning this dicussion. Could you please tell us the straight scoop..

I am not an attorney, but I have over 20 years in the justice arena. I know police officers need probable cause to search or consent by the owner of the vehicle. They can seize your property and apply for a search warrant, they need probable cause to receive a warrant from a judge. If you tell them you do not want them to search they
should not continue. If they do continue and you feel you have been violated,ask for their
identification and personal number. Then contact their district supervisor and or your attorney. The DOW is doing the best job they can with the resources avaible but sometimes may unkowingly over step their authority. Don'T ever resort
to a physical confrontation with with any
one, it's not worth a fish or ones physical well being. I don't mind the DOW checking
me, I wished there was more of them. Although I would not be happy if they jumped in my boat without my consent!!!

Thanks for the input everyone. I will follow up and see what I can find out and let you know the response.

Good fishing

Doubletake

What have you guys been smoking?

Do you think all poachers are stupid enough to leave illegally taken fish out in plain view? Some are I'm sure, but not many.

How do you expect WDFW enforcement to catch poachers if you don't give them reasonable tools to do so? I don't think looking through someone's boat is unreasonable when the boat is coming off a river. How else are they going to catch poachers who have boats? Not all poachers are bank maggots.

The attitude of the cop is important -- I've dealt with some jerk enforcement cops, not pleasant -- but so is the attitude of the person whose boat is getting checked. If the boater decided to get pissed off about something that in the long run will benefit the very resource he is using, then that's his choice and problem. Remember, the main part of their jobs is to check for fish and game violations, not to soothe your ruffled feathers.

There seems to be a general consensus on this board that WDFW is understaffed, now half of you want to make it even more difficult for them to do their jobs? How more ineffective would enforcement be if they had to get a search warrant to check each boat coming off all the busy rivers in this state?

Cut 'em some slack. It's a hard and important job.

I've always had the attitude that their job is not one of public relations per se, but of intimidation to those that choose to not play by the rules. All they do is deal with this subject, everyday, all day. If they are a little grumpy and march right up to my duck blind (had that happen numerous times), hop in my boat (this to), or meet me at a launch (ditto) and want to unload my entire vehicle to check - MORE POWER TO THEM. I for one have nothing to hide and wish and hope they do this to as many people as possible. Thats the only way the message will get out there clearly, that if your going to cheat, you very well may get caught.

I would love to see more enforcement out there so the resource is protected, period.

My experiece has always been they are slightly more difficult to deal with then you are being. They have to maintain the upper hand for their own safety. If that means they are a little aggressive, you might want to look at the situation or how you are coming off. I couldn't begin to count how many times I've been checked and I can honestly say I feel they have always been reasonable and fair to deal with.

Steve

Sorry, guys, I don't buy it. The local police, state police, FBI, and every other law enforcement agency in the country has to abide by certain rules regarding searches, and I don't think the fish and game folks are any different. We have a constitutional guarantee against unreasonable search and seizure. If said gamie desired to check your vehicle, she should have asked first. No reasonable person is going to refuse, anyway. If she thinks you've done something illegal, she can detain you until a search warrent is obtained, anyway. I agree that they have a tough job, but as with any CIVIL SERVICE job, a good deal of your work is customer relations. A smile and a handshake can go a LONG way. Everyone is NOT a poacher, and shouldn't be treated that way. Nothing on their badge or in the charter of the F&G Commission says its OK to treat sportsmen and women as game thieves; last time I checked in this country we're innocent until proven guilty.
Greg

It would appear they do have the authority to check your boat, and or vehicle without a warrant.

Here is the text of RCW 77.15.080
Fish and wildlife officers -- Inspection authority.

Based upon articulable facts that a person is engaged in fishing or hunting activities, fish and wildlife officers have the authority to temporarily stop the person and check for valid licenses, tags, permits, stamps, or catch record cards, and to inspect all fish and wildlife in possession as well as the equipment being used to ensure compliance with the requirements of this title.

[2000 c 107 § 233; 1998 c 190 § 113.]

Wes

Hmmm,
I wonder why a game warden would search a film cannister?????
Maybe they don`t make enough of an income to buy thier own..*L*

They should treat us with the respect that we deserve, until we prove otherwise.

I had a situation-
In early Sept. I was hunting cougar in the Matheny area with my girlfriend and stepson. She was bear hunting as I harvested two bears in Aug. Anyway, we were camping under a bridge and a young (mid twenties) Parky came into our camp.
He came down and asked us how we were doing and what we were doing in the area, how long we had been there, had we seen many people/animals. The usual questions. He was very polite and acted interested in our small talk.
I knew he was there to write down our hunting lic/tag & vehicle lic #s. And after a few minutes he did just that, and was soon on his way.

I did feel upset about it cause we were not in or near the Park boundary, but I know it is his job to patrol the area and his attitude and demeanor were friendly.

A good attitude goes along way...

PS...I saw the largest wild hog on that trip that I have ever seen.

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"Just Say No To Sovereign Nations!"

I agree with Stinkfoot 100%. What will be the deterrent for potential violators if game agents can't check vessels and vehicles for illegally stashed fish and game. I've seen a number of individuals take wild fish illegally and high-speed it to their cars. If random searches catch a few of these guys....the sportsmen who obey the laws shouldn't have a problem. The fish cops should do whatever is reasonable to search out illegally possed fish and game. Do it for the greater good. A film canister is not a reasonable place to find an illegal fish however! Happy New Year!