Search by Game Warden, No reason

[Kazimierez]

What is the name of your state (only U.S. law)? California, Live in Oregon

I was driving off-payment on a dirt road and passed a game warden turning around at the turn out. I continued down the road and a few minutes later, he was going faster than me and on my tail. I pulled over at the next turn out to let him by. He pulled over too and came walking up. No lights on or anything. I said "I was just letting you by." He says, "I thought you needed help" "No I just got this truck and was taking it slow down the mountain." He asked for my insurance, license and registration. I gave it to him. He goes back to his truck, calls it in I guess. I get out of the vehicle. He comes back and says something like "You mind if I search." "Yes I do, I wanna get back to my family." He asked me again, I said no, "Why. Don't you need a reason to search?" "Actually I don't" He says. I am looking at his gun, we are are alone out in the woods, he asks me to open up the back and I do. He also asked me if I hunt I said never had a license, etc. I mumbled something about my seats getting cut up or something. He finally finds an open container, cites me and says "He smelled alcohol that's why he searched."

Just because he is a game warden, I said "No" asked him for a reason, he says he doesn't need one, is this illegal?

I want to argue the search was illegal. What do you guys think?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[CdwJava]

Your attorney can seek a hearing on a motion to suppress the evidence. The state will likely argue that you gave consent. Your attorney will likely argue that consents was coerced. A judge will decide.

The judge will make a decision based upon the totality of the circumstances including what you both have to say. No one can say what a judge will decide.

Oh, and he does not need a reason to ASK for a search, only to search without consent or a warrant (or some other appropriate and articulable exigency).

- Carl

 

[Kazimierez]

Thank you Carl

>Oh, and he does not need a reason to ASK for a search, only to search >without consent or a warrant (or some other appropriate and articulable >exigency).

I see, yes, the fellow was quite young in his career, but I knew he was trained, and of course the wording I missed. even though I don't believe a search should be conducted that way. When it happened, what I meant to say was, "No you may not search" followed by "Am I free to go?", I suppose but got all foggy and nervous. Not experienced in this type of this of thing. BUT what really worries about this whole thing is that I am in the middle of getting my Oregon CDL and I don't understand this whole deal. It says there are no 'points' on your driving record for this particular citation, so is it as he said "Just like a parking ticket" and good warning for me to take heed of (though costly) and what happens when Oregon DMV is notified of it? I don't know the rules. I was in my rig not a Commercial rig. Still digging through websites, but haven't found my answer yet. Thank you Carl

 

[ImBeingSued]

I am no expert in these matters nor am i claiming to be. i would imagine opening an area that is not visible from the exterior implies consent (implied consent in CA?), especially, since he asked you to open it and you did. i would think that your actions (opening the back after being asked for consent) overrule any oral rejections to a search in your case. However, i could be way off on this, Carl would likely be the ultimate authority around here in such matters since he is an officer in California (assuming he is telling the truth, if not, he is knowledgeable and a creditable source IMO) with many years of experience.
As far as the motion to suppress evidence, give it a shot, its your best bet at this point. If the motion to suppress evidence is denied and you decide to take it to trial, there is a small chance the officer wont show up to court. If he doesn't show up the odds are highly in your favor. However if he does show, it will likely come down to your testimony vs the cops testimony, and the court will likely rule in favor of the state.

 

[CdwJava]

It says there are no 'points' on your driving record for this particular citation, so is it as he said "Just like a parking ticket" and good warning for me to take heed of (though costly) and what happens when Oregon DMV is notified of it? I don't know the rules. I was in my rig not a Commercial rig. Still digging through websites, but haven't found my answer yet. Thank you Carl

Sorry, but I don't know how the Oregon DMV might treat this. You might just have to wait and see how it is treated unless you want to give a call to someone at the OR DMV and ask.

- Carl