California Department of Fish and Game checkpoint

[Tripper]

Everything in your first aid kit should have multiple uses
That's one reason tampons are a good addition to a kit

[Smokeybehr]

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?

It wasn't legal unless you told them you had firearms in the vehicle when asked. Then it only gave them permission to check that the firearms were stored/transported legally. Anything beyond that was out of the scope of their purview and an illegal search, especially when you said that you had not been hunting or fishing.

I'd file a formal complaint with the DFG office in that area. To find the proper office, go to http://www.dfg.ca.gov/regions/ and click on the region you're in. The office address is listed on the left side of the page. The complaint form is a fillable PDF, but you might want to use extra pages.

[Stonewalker]

What I never understood, is how government agencies at large got the idea that they somehow get an exception to the 4th amendment just because they aren't law enforcement or are enforcing "administrative laws". The 4A makes no distinction between law enforcement or any other agent of the state.

[hammerhead_77]

differnent worlds

The dichotomy of the two conversations going on in this thread is staggering... Infringing of our rights by a burgeoning police state flavored (ugh) with multiple uses for hygenic products.

I love this forum!

[donw]

[QUOTE=sequoia_nomad;7215584]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?[/QUOTE

from what i recall from having a 'brush' with the DFG many years ago at a boat landing in San Diego, if it's fishing season, and there is fishing gear available, you are in a legal fishing area...you are presumed to be fishing whether you are or not.

i was just accompanying some one who was fishing, yet they presumed i was fishing, too, simply because i was there; i was NOT fishing, i was just along for the day for relaxation.

DFG game wardens are also sworn peace officers, IIRC, and have all the authority of cops, CHP, sheriffs...they are armed, too...most have a shotgun and AR15 accompanying them.

in many cases, the term "Innocent until proven guilty" means little...

[Tripper]

lol, I'm gonna call a warden, and see what he has to say about it
To the OP, where exactly were you at? you can PM me if you like, but actual location would help

[donw]

[QUOTE=sequoia_nomad;7215584]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?[/QUOTE

from what i recall from having a 'brush' with the DFG many years ago at a boat landing in San Diego, if it's fishing season, and there is fishing gear available, you are in a legal fishing area...you are presumed to be fishing whether you are or not.

i was just accompanying some one who was fishing, yet they presumed i was fishing, too, simply because i was there; i was NOT fishing, i was just along for the day for relaxation.

DFG game wardens are also sworn peace officers, IIRC, and have all the authority of cops, CHP, sheriffs...they are armed, too...most have a shotgun and AR15 accompanying them.

in many cases, the term "Innocent until proven guilty" means little...

[tackdriver]

Suggestion

[

I'd file a formal complaint with the DFG office in that area. To find the proper office, go to http://www.dfg.ca.gov/regions/ and click on the region you're in. The office address is listed on the left side of the page. The complaint form is a fillable PDF, but you might want to use extra pages.[/QUOTE]

Best advice I've seen on this forum. Make THEM explain to you how this is was legal. Due to my experience with another gov agency, BLM, don't expect a response. You should be prepared to followup your concern/complaint up the chain of command up to, and passed, the Dept of the Interior (I think) to get your answer. Sadly, I've observed most usually do not follow through on these forums.

Additionaly, I would give the ACLU a call.

Please keep us informed, and good luck!!

[billybob_jcv]

I posted this once in this thread, but I'll try again...

http://www.courtinfo.ca.gov/opinions/documents/S180289.PDF

Am I in error that this specifically gives game wardens the authority to search without a warrant - regardless of whether they believe a crime has been committed?

[freespool]

I've always heard that CA wardens are less constrained by 4A than any other LE, that they can search without reasonable suspicion beyond simply suspicion of F&G 'activity' by the stopped party. Here's a recent case on that point.

http://www.courtinfo.ca.gov/opinions/documents/S180289.PDF

ETA: scooped!!

F&G powers still appear to be predicated on evidence that the stopped party had engaged in F&G activity. If you are in a relatively multi-use place and time, and deny fishing or hunting when stopped and they have no other evidence on that issue, I'm not sure how these expanded search powers apply.

[Goosebrown]

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

Good GOD man be careful when you reach for gum in the dark!

[Goosebrown]

"I told them specifically I was not hunting or fishing. Therefore, it is unlawful search."

DFG can search any vehicle or container for game in a stop (section 1006) and have the right to inspect all weapons to check if they are loaded. (section 2006)

If you were in a hunting area and had a gun in plain sight or in a case, during the hunting season, regardless of your answer, they have the right to check you under 1006 and 2006.

[Wrangler John]

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.

After the nurses wheeled me back into my room from having my fractured humeral head stapled back on, I found my arm strapped to my body and a maxi-pad under my armpit to absorb sweat. The surgeon made it a point of some good natured humor.

So grab a box of tampons and pads for trauma dressings, and pick up some www.z-medica.com/healthcare/Products.aspx or https://www.amazon.com/s/?ie=UTF8&ke...l_477tqxei8i_p or one of the other hemostatic products, and stuff 'em in your first aid kit. If you ever cut your self in the field (I cut my forehead on a piece of barbed wire that sprung back toward the roll - thought I'd bleed to death from that tiny scratch). You can explain to the wardens that they are for trauma, but if they are having a period and need one to help themselves.

[Spyder]

DFG game wardens are also sworn peace officers, IIRC, and have all the authority of cops, CHP, sheriffs...they are armed, too...most have a shotgun and AR15 accompanying them.

DFG doesn't issue AR15s. They issue M14s and M1As.

[Tripper]

has anyone (that made snide comments) here ever taken a first aid course, or survival course,
I think it might be wise to do so..
My belief is that 'survival' kit items should each have more than one use where possible.
match = light a fire of course, and the remaining stick kept for future kindling
you should have multiple sources for fire.
tampon = of course its designated use, some apparently dont have kids that are female, or wives (that are female), emergency wound dressing, fire starter. (no i never said go buy a box to stuff in the first aid kit, nor did i suggest replace your gauze bandage with tampons, get real)
550 cord, many uses, not just to make bracelets anymore.

ya'll really need help