You're right, all of you. It seems, though the right way to go about a search is to ask first.
Most of us, the ones with nothing to hide, wont mind all that much. If someone does refuse, then the warden can, at his discretion, request a search warrant if he has reasonable cause to suspect a poaching violation. All the while detaining the suspect until back-up or the warrant arrives.
It makes more sense to allow the inspection and get on with the day.
There's no difference between a game warden and any other deputized officer, they're bound by the same constitutional restraints as any other agency.
Illegal fish in a film cannister??

Just want to hopefully keep this short guys. Game Wardens have more rights than do Police Officers. They can search any car, boat, camper, etc. without probable cause. They can even search your house if there is "reasonable suspicion" that you are in possession of poached goods. Is it right to do this? Hell yes! Those of us that are honest shouldn't even bat an eye at the search, it is for the good and wellfare of our sport. When you buy an airline ticket you are subject to a search and x-ray before boarding the plane. If you refuse, You don't get on the plane. When you drive up to Canada and cross the border you are subject to a search as well as your vehicle. Refuse, and you don't cross the border. Buy a fishing license in Washington and you are subject to searches by Game Wardens. Refuse, and you lose your license.
Remember also, for every 5 polite people the Wardens contact there are 5 more that act like ***holes. Also, we are the eyes and ears of these Game Wardens. So, if you see someone poaching, snagging, etc. Spread the word to them when they are contacting you. Last but not least, if the Warden has a really bad attitude, complain to the State and they may be transfered or disciplined if enough complaints come in.
Also, the Game wardens aren't just limited to boat launches, shorelines, etc. They can stop your vehicle at any time on any highway without a reason. The Game Wardens will have to articulate in court though why they stopped you; so don't worry about it, the stop will be a good one. Hope I shed some light on this topic. Game Wordens and bounty hunters can do just about anything they want.

Happy New Year, everyone.

Generally, fish and game cops are constrained by the same constitutional requirements as regular cops.

That said, there are a couple of differences. First, WesF noted above that there is a RCW section that allows for a fishcop to check any and all things that you have with you in the field that are being used to attempt to take fish. This includes fish boxes, lockers, back of truck, under the seats in your boat. Even the back of your vest.

That law would not allow a fish cop to check a film canister for pot, as you're not fishing with it, and it couldn't hold a fish.

Just because a law says it's OK, that doesn't really necessarily mean that it's constitutional. There is another basis for this type of search.

On the bottom of your fishing license where you sign it, there is language to the effect that you agree to allow a fish cop to search you and your gear (which is generally known to include your truck and boat) when approached by a fish cop in the field, and to show him/her all your necessary licenses.

When I worked at the Attorney General's Office representing WDFW, this topic would occasionally come up. Legally speaking, all of the attorneys there were of the opinion that these searches were OK.

Lastly, I still feel that asking first would diplomatically make sense. Just because they have the right to do it doesn't mean they have to take full advantage of it. Personally, I would like to be asked if I would mind, and if I said no, then I'd expect to have them insist. I'd just like the opportunity to say yes.

Fish on...

Todd.

I agree with the point that the game wardens should be allowed to search your property. I have ran into 1 or 2 wardens with bad attitudes, but then I have ran a couple great ones, also. I am a fairly new fisherman, and I brought in my 1st salmon last year (13lb. Blackmouth). When I brought it up to shore, the game warden approached me, my dad, and my grandpa by telling us how beautiful the fish was. He even went as far as to clean the fish for me, and take 5 pics of the fish and gave them to me. He made the extra effort and left a lasting impression on me of how cool they can really be. More power to them

I am not sure of how your laws work, but in Minnesota and Iowa, the wardens can search your boat, vehicle, and/or house without a warrant. They have more rights than the cops do for search and seizure. They can have at it, as far as I am concerned. If you're flat out cheatin, you deserve to look over your shoulder. We are all going to make mistakes at some time, and probably get drilled (forget your liscense at home, not smash down a barb on a hook in your vest, screw up on some fish in a slot limit). When we screw up, we gotta pay for it. Shame on you for doing it a second time. A little manners would go a long way. The way a search is conducted can either make you appreciate the work they do, or make you feel like a criminal. Nuff said.

Here's a question for folks.

Say you're in a drift boat at the top of Plum's Landing. A warden walks down to the base of the boat launch and tells any and all boats within the distance of his voice to come on over to his shore so he/she can check licenses. Does one have to give up their fishing spot, pull anchor and be forced to go to the bank to get their license checked?

It's never happened to me,but I've heard stories of it happening to others. I've also heard this happening to bankies and having the warden on the other side of the river tell a person to come across the river to get their license checked. Obviously the river would have to be crossable at some near point (a bridge maybe?).

Whaddya think Todd? By law, do we have to comply or do we just pretned to be deaf and not hear the wardens hollering away at us?

"Sorry officer, I did not see you waving your arms or heard you hollering at me!"

Parker

What h

Hey PointnoPoint, Did this occur down at Narrows Marina? Jack

Good question, Parker.

A friend of mine was standing on a plunking spot that you could only get to by wading a little (about two steps) and was told by a fish cop to leave the spot and to come to shore to be checked. My friend told the fish cop to come to him if he wanted to see his license. So the cop went to his truck, got his waders, then waded out and checked my friends license. Then he went on his way.

I don't know how I would have responded to the fish cops request. I guess it would depend on my attitude, the cops attitude, and whether I thought I would lose my fishing spot (although I don't usually fish in places like that). I'm pretty sure I would just laugh if a cop told me to wade across a river to be checked. A creek maybe. As for pulling my boat over to be checked in mid-float, I don't know. Like I said earlier, I think it's okay at the take-out.

I'm with you Parker; I sure would like to hear a legal opinion on this one.

Stinkfoot out.

As to the last question, there has to be a line somewhere where you're outside their reach. My gut feeling is that if they expect you to cross the river because they're too lazy to do it themselves, then that's over the line.

If they want you to pull anchor and row to shore, I guess the particular circumstances would define if it is reasonable or not. Either way, I find it to be a pretty crappy thing to do. On the other hand, I also feel that enforcement presence is good for the resource and therefore good for us. I'd rather lose my spot once or twice a year than never see a game warden.

Fish on...

Todd.

Im a police officer and believe they have the right to do those types of searches. If when we signed for our lic. and it stated you are subject to searches of your boat or vehicle in the persuit of finding game violations, then im sory to say we signed away our right to not be searched without a warrant.

I know the local game agent out here and will ask to make everyone happy.

I have not got a reply from the WDFW yet, I will let everyone know what they say.

All of the police officers I have asked this question say the gamies do have the right to search anywhere without a warrant. That is fine with me, I do agree with the comments about getting searched now and then is preferable to not ever seeing a game warden and watching violaters walk scott-free.

I read over my fishing license the only statement I find on it regarding being searched is "I agree to show license, fish and game to a Department of Fish and Wildlife employee when requested." That does not sound to me like I gave up any rights rather, if they ask me I have to show them my fish and license.

Anyway, seems like there is a lot of confusion on this topic. I hope, if I get an answer, that this topic will be understood by all. It will make things easier on the game wardens and us.

Happp New Year and Great fishing!!!!

Doubletake

is there some rcw code that automaticaly is implied when buying a license because i know on my license it only states, i agree to show license,fish and game to a department of fish and wildelife employee when reguested does this mean the seceatary that works in the office also