California Department of Fish and Game checkpoint

[fortytwo]

I was up camping this weekend (not hunting) and was stopped and searched at a department of fish and game checkpoint on bowman lake road. They searched my rifle case, cooler, camping box and toolbox and "secured" my handgun during this.

The DFG guys were professional and polite, but I told them specifically I was not hunting or fishing and I was still steered into a parking lot and searched. How is this legal? Just because it was opening weekend shouldn't change the rules? or is this the same thing as a DUI checkpoint where the normal rules don't apply?

[Tripper]

its legal, i think since its a high chance that any person you encounter in the area is likely to be hunting. but yes, you might liken it to a DUI checkpoint. they can search anything that could be used to store game/fish. their dogs are 'gooood', too bad they didnt just let a dog do the job.
I'm sure someone will come along with a reference link. i thnk its something to do with high probability...

[ptoguy2002]

I'm not hunting or fishing. I do not consent to a search. What is your reasonable and articuable suspicion for detaining me. I do not consent to a search. [Lock car, throw keys in car before shutting door.] Now get a warrant....

[ar15robert]

so from what i read here is that this is similar to a DUI checkpoint but in this case now its get a warrant to check my vehicle or they are pushing their power but when its a DUI checkpoint its all fine cause it gets drunks off the road!!
Go figure.

[PCPerks]

At a DUI checkpoint they don't automatically search your vehicle. Hopefully some of the legal experts can chime in as I'm interested to know what the law is about fish and game being able to randomly search.

[Tripper]

I'm not hunting or fishing. I do not consent to a search. What is your reasonable and articuable suspicion for detaining me. I do not consent to a search. [Lock car, throw keys in car before shutting door.] Now get a warrant....

I dont have an answer for what you've presented as a scenario..
my immediate thought would be that the police need to get the car out of the road (was it still on a road, or private (county/state) parking lot, and now will need to have it towed (in order for it not to impede, then they'll get to do an inventory.)

but, recently, there was a 9th circuit ruling, that said

your being in a high crime area is a big part of reasonable suspicion.
cant think of the right terminology on that (librarian, its a relatively new 9th circuit case)

that would lead me to guess that
being in a hunting area, would be reasonable suspicion of hunting.

i'm not saying that is absolute, its simply my guess, and i cant readily find a reference to something i recently read that supports my assumption

is there any signs upon entry to the park/lake? that would be another issue.

[Tripper]

and DFG cant do random searches per say, they can search anything/anywhere, where there is reason to believe there is hunting or fishing activity.

they recently went through a bunch of restaurants doing searches for illegal crab (or something), some story on that somewhere..

again, I'd prefer they use the dogs, its probably quicker, and if it were me, i might even request dogs.. to make it quicker

[cdtx2001]

When they steered you into the parking lot/checkpoint, did you tell them you had firearms in your vehicle? Did you have them visible? When they asked you what you were doing and where you came from, did you tell them everything you did?

All of the answers to the questions above are none of their business unless they suspect YOU have committed a specific crime.

When they asked to search your car, did you allow them to do so?

[sequoia_nomad]

To the best of my knowledge, no law enforcement officer from any agency has any legal right to search your person or property without your express permission, unless they have a search warrant or you have given probable cause to believe you have committed a crime. (A deer leg hanging out of the trunk when you just told them you weren't hunting, etc.)

Public land is open to the public for a myriad of uses, just because you are there during hunting season does not mean you are necessarily there to hunt. If that were the case they could charge you for hunting without a license, just for being there, right?

[d4v0s]

To the best of my knowledge, no law enforcement officer from any agency has any legal right to search your person or property without your express permission, unless they have a search warrant or you have given probable cause to believe you have committed a crime. (A deer leg hanging out of the trunk when you just told them you weren't hunting, etc.)

Public land is open to the public for a myriad of uses, just because you are there during hunting season does not mean you are necessarily there to hunt. If that were the case they could charge you for hunting without a license, just for being there, right?

They can and will do this all the time, I got stopped and I told them i was target shooting down the road a few miles, treated me like a damn criminal.

Few weeks ago on a night dive (i was driving the boat) they detained us, had EGOS the size of elephants and were absolutly certain we were illegally catching lobster. all they found were tampons and orbit gum...

is it a complete abuse of power...yes, does it catch criminals... yes. I just wish they could check the Ahole Attitude at the door, If they walked up on the dock and just asked nicely we would have been happy to oblige. Just because im a citizen does not mean you dont have to respect me, Especially when your on my boat!

[Wernher von Browning]

...all they found were tampons and orbit gum...

No. I'm not even going to ask.

[Tripper]

again, just to make this clear
I'm making a wild guess as to why it might be legal/ok for them to to what they did...
not saying its right, not saying its wrong, i dont know

[Tripper]

...all they found were tampons and orbit gum..

No. I'm not even going to ask.

tampons should be part of your first aid kit. they are designed to absorb blood, have a string or extra material that can be used for tying, and are sterile (while packaged i think). especially for a hunting incident, or a wound such as a bullet hole, for which a kotex would be perfect for. i know it sounds gross, but its true.

[Cokebottle]

so from what i read here is that this is similar to a DUI checkpoint but in this case now its get a warrant to check my vehicle or they are pushing their power but when its a DUI checkpoint its all fine cause it gets drunks off the road!!
Go figure.

DUI checkpoints were ruled unconstitutional, but permissible because of the greater good.

Thanks guys.

DFG checkpoints have not yet been challenged... OP looks to be a perfect plaintiff.

[guns4life]

tampons should be part of your first aid kit. they are designed to absorb blood, have a string or extra material that can be used for tying, and are sterile (while packaged i think). especially for a hunting incident, or a wound such as a bullet hole, for which a kotex would be perfect for. i know it sounds gross, but its true.

I carry sterile gauze in my emergency medical bag, it's easier for me to buy...