Where’s the Search Authority?

July 3, 2014

Question: My friend and I disagree about a point of law. If a game warden sees that you are fishing, or have been fishing, or sees your rods and ice chests in the car, can he demand you open the car and open your ice chests? Can he demand you open the trunk also? I think this is fair because we have definitely been fishing and always have less than our limits, but my friend thinks it is an abuse of power to demand we open our trunk or car, which is our private property. If the game warden does have this right, what would happen if we refuse to comply? Thanks! (S. Love, Los Angeles)

Answer: Yes, any wildlife officer can ask for your consent to inspect a vehicle. Whether an officer has the authority to conduct an inspection when consent is not given depends upon the specific circumstances of the contact. Wildlife officers have extensive inspection authorities that are unique to their jobs. For example, it is a crime to refuse to show a wildlife officer “… all licenses, tags, and the birds, mammals, fish, reptiles or amphibians taken or otherwise dealt with under this code, and any device or apparatus designed to be, and capable of being, used to take birds, mammals, fish, reptiles, or amphibians” (Fish and Game Code, section 2012).

Also, wildlife officers are authorized to inspect all receptacles, except the clothing actually worn by a person at the time of inspection, where birds, mammals, fish, reptiles, or amphibians may be stored or placed (FGC, section 1006).

July 3, 2014



Also, wildlife officers are authorized to inspect all receptacles, except the clothing actually worn by a person at the time of inspection, where birds, mammals, fish, reptiles, or amphibians may be stored or placed (FGC, section 1006).

Wear big clothes and stuff your take in there. 

The warden has more power than any law enforcement.They can even go to your house and check your freezer without a warrant. Food for thought...Just a tip...

I'm very paranoid when it comes to LEO's and giving them permission when they don't have the legal authority to mandate a search.  It can do nothing for you and could expose other issues that weren't obvious to the LEO without your accentual search. 
Happened to me;
I was out hunting deer and the law required hunter's orange be worn.  (This was in Mississippi, so I don't know if CA has this same reg or not)   We were driving down the road and were pulled over.  The Warden asked us all to step out of the car and hold out for him to see our hunting license and hunter's orange.  Mine was a beanie cap.  My buddy's was a sweatshirt that had "University of Tennessee" on it.  The warden asked my buddy if he was from Tennessee and he said no, just had a shirt from there.  The warden wrote us both up for not having hunter orange.  He said they weren't the right shade of hunter orange.  He asked for permission to search our truck and we said no.  For all I knew, I didn't have the right shotgun shells or some other bullshit reason he could find to write up another ticket.  I could just imagine a Warden writing up a ticket for an over limit when you are coming home with a limit of fish PLUS a fish sammich from McDonald's that he wouldn't have seen if you had not allowed him to search the car. 

Like I said; I'm paranoid of law enforcement.  They have enough power to ruin my day without me giving them permission to discover even more. 

The warden has more power than any law enforcement.They can even go to your house and check your freezer without a warrant. Food for thought...Just a tip...

Do you have a case that stands for the proposition that a game warden can make a warrantless search of the interior of your home?

They can't. They need a warrant to search a home.

Also on the searching of compartments , it's all within their SCOPE OF SEARCH.
meaning it's anywhere you could hide wildlife or weapons to take wildlife.
Say they were looking for drugs, well, drugs can be tiny. So if they have PC you got drugs, and they get a warrant or your permission your shit will be torn up ti they find what they are looking for.
If it's something big like a BEARS  head they couldn't search your ashtray without a warrant but could search your truck bed and back seat.

Does this clarify or did I confuse anyone? Hope it helps.

This subject comes up all the time.
   
I have yet to refuse a search and it has never bit me in the rear.  I don't use drugs and try to follow the law to the best of my ability.  I would more likely get a ticket for wrong ammo or barbed hooks if I unintentionally possessed them when I shouldn't if I was rude and told them they were violating my rights.

Just follow the law and enjoy life. I know my rights, but also know when it is more trouble to spout off my rights like some constitutional lawyer or liberty nut.