Quote:
Originally Posted by MathGeek
Require probable cause for involuntary searches, just as in every other area of law enforcement.
Certainly, game wardens may do a license check and request to look in an ice chest, live well, etc. just as LEOs can check your driver's license and request to search your car, or knock on your door and request to search your home.
They are also free to observe a person fishing using all available means and technologies. Florida officials are believed to be using drones to establish probable cause.
They are free to ask questions of people on the boat regarding how many fish were caught and how many were released.
Just as cities are free to put cameras at intersections, wildlife enforcement may put cameras on bouys, weirs, etc. if they find it to be cost effective and necessary for enforcement purposes.
Wildlife enforcement is free to peruse social media and discussion groups for pictures and accounts that may suggest wildlife violations. They can question processors and taxidermists.
They have many avenues of enforcement available to them that can be effective without violating the Constitutional standards of probable cause to proceed with an involuntary search.
|
Exactly. Who doesn't agree with this?
And BTW, probable cause can be anything... Statistical Included. Statistics support the fact that a fella in a boat holding a fishing pole, with a net close at hand, is probably fishing. Further, he probably has an undersized fish or too many...
This vague term "probable cause" is right there in your 4th amendment, there is no concrete definition of probable or how to determine whether a man holding a poll is probable cause or not.