Andy, round two!


I disagree with your statement: "then you just committed a Gross Misdemeanor, and then because of the commission of a crime, the immediate area and equipment becomes SUBJECT TO A SEARCH FOR FURTHER EVIDENCE OF SUCH AN INFRACTION.

Andy, that sounds to "copy" for most! Bb members!

Does the word "false arrest" come to mind? Before the officer can arrest you, he must first read you your rights, not 2 hours later, after he's done his search and found nothing! What would his charge be? Verbal refusal? Denying verbal permission? Refusing them your permission to do a search is not a crime. Physically "resisting the search" MAY become a crime, IF you attempt to stop the search, then and only then, could they possibly arrest you. It is NEVER a crime to verbally protest any search. If I am wrong, please quote to me the RCW or WAC that says that it is.

Example; lets say your neighbor calls the game warden on you because they believed that you have caught way to many fish because they saw you carrying way to many fish into your home last week. They also think that they (the fish) had too many fins attached to some of them. You have just gotten home today from fishing and you still have your rods in your truck. Today was a bad fishing day, and you didn't even have a bite! You are washing out your boat when the officer(s) pulls up into your driveway and they see that you are you cleaning up the "crime scene". They can see a fishing rod hanging up on your trucks gun racks .They ask you if you have been fishing and you say "yes". They now want to "inspect" your truck and boat to see if you have any fish hidden. You tell them "No". Not finding any hidden fish in your truck or boat, they now want to "search" your house and see if you have any fish hidden there (freezer, refrigerators, storage boxes, or what ever. Does that officer(s) now have the right to "search" your house, your other car, or your garage or whatever, when there has been no crime committed other than what has only been alleged reported against you? I don't think so! Does it require a "search warrant" Most definitely so! What's the difference between that and when a game warden says that someone reported to him that you may have hidden fish in your truck? Is that a crime?

You tell the officer, "No"; you may not search my house, my car, or my garage without a "search warrant". Does that mean that you have now "…just committed a Gross Misdemeanor, and then because of the commission of a crime, the immediate area and equipment becomes SUBJECT TO A SEARCH FOR FURTHER EVIDENCE OF SUCH AN INFRACTION and the officer can now enter your house, car, or garage and perform his search. I don't think so!!

Does this mean that the officer now has "reasonable suspicion" and cause? I don't think so! That kind of "reasonable suspicion" will take a search warrant ordered from a judge, not and officer. Look at what happen in the OJ Simpson case; Hell, their was a blood trail leading right up the driveway to his front door, but they still needed a search warrant to get past that front door! Why would a game officer hand cuff you if you just told him "no" and you did not physically resist the search? He has no more or no less authority then any other law enforcement officer. Like I said, tell him that he does not have your permission to search your car, or what ever, and do no more then that! Do not resist his search, just file your complain to his superiors and let the courts decide who is right. I for one would like to hear what an attorney thinks.

That's just my opinion! Let's hear round 3

(Andy, do you want to bet who would would win in court with a good attorney ?)


Cowlitzfisherman

Is the taste of the bait worth the sting of the hook????