Hi All,

Well I went back and took another look at the RCW.

In all the hoopla about protecting everyone’s rights that were earned in blood (not to be taken in any way, shape or form as a derogatory comment about the members of our armed forces or any of the sacrifices they have made/are making) and whether everyone could/should allow themselves and their equipment to be unlawfully searched and how everyone should just say NO to being searched, well it appears that you can’t just say NO.

In focusing on search without warrant and the wording of RCW 77.15.094, we (at lease I) overlooked the full extent of the wording in RCW 77.15.080.

It simply states that based on the fact that you are hunting or fishing, fish and wildlife officers have the AUTHORITY to, (a) temporarily stop you and inspect your licence, tags, etc. (b) any game you have in your possession, and (c) search the equipment being used, to ensure compliance with the (sic. game)laws.

A fish and wildlife officer doesn't need to catch you in the act, or even have a suspicion that you have commited a violation to search you, it is mandated by constitued law that they (fish and wildlife officer(s)) seach you to make sure you are complying with the fishing and hunting laws.

I would say as far as equipment goes, your boat and your tackle box is fair game (no pun intended). A vehicle would seem to offer more of a gray area, say if it was parked along side the road or in a parking lot, but I wouldn't try to argue too hard if you were on the ramp loading your boat on the trailer and they wanted to take a peek in the trunk or under the canopy on the truck.

Also because RCW 77.15.075 subsection (2) assigns Peace Officer Authority to all fish and wildlife officers, I wouldn’t place too much comfort in you ability to have the collateral discovery of your film canister of pot (or whatever) thrown out of court because the search was performed by a fish and wildlife officer and the finding was not fishing (hunting) related.


For review here is the text of RCW 77.5.080

RCW 77.15.080
Fish and wildlife officers -- Inspection authority -- Photo identification.
Based upon articulable facts that a person is engaged in fishing, harvesting, or hunting activities, fish and wildlife officers have the authority to temporarily stop the person and check for valid licenses, tags, permits, stamps, or catch record cards, and to inspect all fish, shellfish, seaweed, and wildlife in possession as well as the equipment being used to ensure compliance with the requirements of this title, and may request the person to write his or her signature for comparison with the signature on the license. Failure to comply with the request is prima facie evidence that the person is not the person named on the license. For licenses purchased over the internet or telephone, fish and wildlife officers may require the person, if age eighteen or older, to exhibit a driver's license or other photo identification.
[2001 c 306 §§ 1; 2001 c 253 §§ 23; 2000 c 107 §§ 233; 1998 c 190 §§ 113.]

Cordially and Respectfully

Wes