Lot of pages in-between but here is the conclusion and the last paragraph ( highlighted in red ) is the most damning.


We recognize the importance of Washington state's interest in promoting the conservation of its fishery and its ability to closely regulate the commercial fishing industry in a manner to further this interest, including by statutorily authorizing tailored warrantless administrative searches. However, the WDFW officers did not conduct their suspicionless stop and search of the Tarabochias' automobile pursuant to any statutory authority. Such suspicionless automobile searches and seizures of commercial fishers, absent express statutory authorization, subject them to "unfettered governmental intrusion," Prouse, 440 U.S. at 663-the principal evil against which the Fourth Amendment protects.

In light of the foregoing, we affirm the grant of summary judgment as to Officers Hopkins and Rhoden, and reverse the grant of qualified immunity to Officers Michael Cenci and Dan Chadwick and the related summary judgment dismissal of the Tarabochias' Fourth Amendment claim. We remand

14 The Tarabochias' reliance on A.D., 712 F.3d 446, in support of their argument that the March 2007 stop can be analyzed under both the Fourth and Fourteenth Amendments is misplaced. Unlike in Fontana, 262 F.3d 871, in A.D. we had no occasion to consider the question now before us.

for further proceedings on this claim. Finally, we affirm the dismissal of the Tarabochias' Fourteenth Amendment substantive due process claim.

REVERSED in part, AFFIRMED in part, and REMANDED. Costs on appeal to Appellants.

Edited by Rivrguy (09/11/14 09:26 AM)
Dazed and confused.............the fog is closing in