Game Warden Search Rights

[alligatorob]

Florida
Do you have to let a game warden search (actually an FWC officer here in Florida) your boat or car or private property? It is common for a game warden to want to open your trunk or cooler or whatever to see what you have. I have been stopped by road blocks and asked to open my truck or cap on the back of my truck during hunting season, I suppose they were looking for illegal deer or something. This has happened to me even when I was not hunting.

I have always just assumed this was the legal right of the game warden and let them search what they wanted to. I was recently searched pretty thoroughly, I think they were looking for concealed illegal fish but am not sure. I did not have anything and so they did not find anything but it got me thinking would I be within my rights to say no to such a search? What recourse would a game warden have if I said no to a search?

 

[Zigner]

I'm sure someone will come along who is well versed in this area of law - but it seems to me that the warden's would have similar restrictions to searches as the police do.

All of your searches up to this point sound like they were consensual to me...

 

[Ozark_Sophist]

There was an extensive thread on this topic last year. Try searching for it.

 

[xylene]

Say no and find out.

IMHO Fish/Game/Enviro agents have less rights than police.

You do not have to give consent to a search, they can't detain you for a search.

They can use dogs, and the dogs sniffer is in all likelihood good enough to justify for a search, at least of your car.

 

[Zigner]

IMHO Fish/Game/Enviro agents have less rights than police.

It kind of depends - they may very well have MORE rights - it could depend on the state, and also whether it's a Federal Game Warden.

 

[justalayman]

http://myfwc.com/law/generalorders/GO2.pdf

http://myfwc.com/law/generalorders/GO17.pdf

http://myfwc.com/law/generalorders/index.htm

it would seem they have the same powers as the police and are required to obtain permission, a warrant, or have PC to perform a serach, just like a police officer does.

 

[xylene]

It kind of depends - they may very well have MORE rights - it could depend on the state, and also whether it's a Federal Game Warden.

You are right, their are many circumstances where such agents may have special authority. However the applicability to non-hunters not engaged in hunting (ordinary road etc...) would not be more than regular police powers.

 

[alligatorob]

Thanks this is all helpful and Ozark_Sophist is right there was a good thread on this a couple of years ago (https://forum.freeadvice.com/showthread.php?t=249321), and Ozark was also correct in that all of my searches to date have been consensual.

What has me thinking about this is the problem of being required to throw back fish over or under the limit which may have been killed in the process of being caught. For example Florida has a slot limit for Redfish, you can’t keep anything under 18 inches or over 27 inches. Last week I caught one that was 48 inches, it was foul hooked in the side by 2 large treble hooks (it took a Mann’s strech 30 trolling lure) and by the time I got it in and unhooked it was dead. We tried what we could to revive it but to no avail, it just floated away. It seemed to me like a real waste of good fish and I still feel guilty about killing it and then just throwing it away, but that is what the law requires. I am contemplating keeping it the next time, maybe hiding it somewhere other than my obvoius cooler, and the if asked refusing a seach. I know this is illegal, but it seems to me to be the more moral thing to do, and besides I really like redfish.

 

[justalayman]

It may not seem right throwing the fish back because it was dead but can you imagine how many fisherman claimed the fish was dead. No, really it was. I swear. I tried to revive it but it was really dead.

 

[alligatorob]

You are right and I understand the need for the law; I am just contemplating breaking it.

 

[CJane]

You are right and I understand the need for the law; I am just contemplating breaking it.

Do you have any idea what the penalty is if you get caught?

I know that in my state they are severe just for fishing w/out a license. They're incredibly severe for having too many fish or over/undersized fish... I don't like ANY fish enough to risk the penalties imposed if caught.

Other than the fact that I'm essentially a rule follower and I'd feel guilty as hell every second. Yes, I'm a dork.

 

[alligatorob]

No idea what the penalty is, but you make a good point I will look into it before keeping one. As to feeling guilty, killing and wasting a good fish makes me feel a lot more guilty than keeping and eating it illegally would.

 

[CdwJava]

Do you have a FL hunting license? Did you read all the fine print?

It is my understanding that in many states, people leaving certain wilderness areas can be stopped and their vehicles inspected for the limited purpose of determining if they are poaching or have exceeded their limits.

You might consider speaking to someone with the F&G department, or, an attorney.

- Carl