Wes,

As I pointed out above, just because a state law gives the wardens "authority" to do anything does not make it legal or constitutional. Washington State still has a law on the books that makes it illegal for anyone on the basis of race (read that as "Indian") to not follow the exact same fishing regulations as members of another race (read that as non-Indian). The fact that it's there does not make it legal or enforceable.

To be constitutional, there must be some nexus between the search and the reason for it. Also, I did not intend anything above to state that "pot" (or anything else) would be suppressed because it's not fishing gear. I said it would be supressed if it was found in a film canister when the cop was searching for a fish. If a bag of pot was in the cooler, which is where a fish could be found, then you're busted.

Also, I still think this is a worthwhile topic that hasn't necessarily oustayed its welcome. Thanks for getting it started and keeping it going.

Fish on...

Todd.

P.S. I'm an attorney now, and I used to be an Assistant Attorney General, and represented the WDFW. Enforcement was one of my primary clients, and I wrote legal opinions on this very subject for our enforcement officers.