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[MrM]

Originally Posted by GregAndrew

I am pretty sure that the DGW does not need search warrants either, but only reason to suspect. There was a long thread on BD in the last year where multiple examples of that were the case. I could not believe it either!!

In the most respectful way possible, this is completely untrue. Fish and Wildlife code section 857 does not grant DFW employees special status. The 4th amendment protects all citizens from unwarranted searches from any government employee, both in their person, homes, and effects. If this is being actively excercised the entire organization will be in for a rude awakening- especially as a law enforcement organization!

There are 3 generally recognized exceptions to unwarranted searches in California, including entering a building for an emergency, danger of public safety, and to keep a suspect from destroying evidence. All of which would require some sort of involvement with a person and the DFW before hand. Now if a DFW warden sees you with an ungodly amount of fish in a public area, or even your front lawn, the plain sight doctrine comes in to play, and no warrants are required. There are a few more exceptions that I won't get in to, it'd turn this in to a 3 page essay.

Not trying to get off topic here. So I'll leave it at that. Im also not trying to step on toes; I hope it didn't come off that way! Just want to make sure we all know our rights.