gammie in wrong

[Bean Counter]

....Maybe, they just got a report of a truck matching your description and the occupants threatened someone else with a handgun....

Absent any other evidence, this would merely create "reasonable suspicion" but not "probable cause." Reasonable suspicion  would give a LEO right to temporarily detain an individual to conduct an investigation with due diligence, but absent developing probable cause or obtaining your consent to search, I don't think  a search of the trunk is legal. 

DO NOT CONSENT TO SMPD SEARCHES

[pianoman9701]

....Maybe, they just got a report of a truck matching your description and the occupants threatened someone else with a handgun....

Absent any other evidence, this would merely create "reasonable suspicion" but not "probable cause." Reasonable suspicion  would give a LEO right to temporarily detain an individual to conduct an investigation with due diligence, but absent developing probable cause or obtaining your consent to search, I don't think  a search of the trunk is legal. 

DO NOT CONSENT TO SMPD SEARCHES

Like I said, BC, DFW LE has way more latitude with searches than any other LE in the state.

[Fishstiq]

Fish and wildlife officers do have a right to search a vehicle without a warrant when there is probable cause of a fish or wildlife violation.

http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094

Maybe he could have been nicer about it, but it sounds to me like you're overreacting. He searched your vehicle residence, person, family, etc..., found nothing, and left you to go on your way. What harm was done?

Not picking on you Bob, but what if the above changes were made to your statement?  Is there a difference?  If LE has probable cause that's one thing.  But to simply walk up and begin searching personal property without so much as a polite "Up yours"? 

[Bean Counter]

Did you even read the link Bob shared? It specifically.excludes living quarters for gamies searching vessles.

[Fishstiq]

Did you even read the link Bob shared? It specifically.excludes living quarters for gamies searching vessles.

oops.....         my fault.


RCW 77.15.094
Search without warrant — seizure of evidence, property — limitation.

Fish and wildlife officers and ex officio fish and wildlife officers may make a reasonable search without warrant of a vessel, conveyances, vehicles, containers, packages, or other receptacles for fish, seaweed, shellfish, and wildlife which they have reason to believe contain evidence of a violation of law or rules adopted pursuant to this title and seize evidence as needed for law enforcement. This authority does not extend to quarters in a boat, building, or other property used exclusively as a private domicile, does not extend to transitory residences in which a person has a reasonable expectation of privacy, and does not allow search and seizure without a warrant if the thing or place is protected from search without warrant within the meaning of Article I, section 7 of the state Constitution. Seizure of property as evidence of a crime does not preclude seizure of the property for forfeiture as authorized by law.

[Bean Counter]

Foot in mouth? Been there, done that   

[Wyoming08]

Fish and wildlife officers do have a right to search a vehicle without a warrant when there is probable cause of a fish or wildlife violation.

http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094

Maybe he could have been nicer about it, but it sounds to me like you're overreacting. He searched your vehicle, found nothing, and left you to go on your way. What harm was done?

What harm was done?
WHAT ARE YOU KIDDING ME? WHen there is probable cause. DOesn't sound like there was probable cause to just go through the vehicle without even talking to the guy. YOU GOT TO BE KIDDING ME!

[Fishstiq]

Yeah, crow sammich.  Not the first time, and I'm sure it won't be the last!


I still believe the gamie handled it badly though.  I don't believe the OP is overreacting, and I think I would take the time to make some kind of report about it to whatever authority is appropriate.

[KyleMB123]

Fish and wildlife officers do have a right to search a vehicle without a warrant when there is probable cause of a fish or wildlife violation.

http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094

Maybe he could have been nicer about it, but it sounds to me like you're overreacting. He searched your vehicle, found nothing, and left you to go on your way. What harm was done?

Perhaps the harm is the violation of his constitutional rights?

There are no such thing as constitutional rights anymore. But hey, we now have a fragile illusion of increased safety! What a trade!

[CAMPMEAT]

Game Wardens are cops. They can write speeding tickets or anything else like your regular cop can.

[pianoman9701]

Fish and wildlife officers do have a right to search a vehicle without a warrant when there is probable cause of a fish or wildlife violation.

http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094

Maybe he could have been nicer about it, but it sounds to me like you're overreacting. He searched your vehicle, found nothing, and left you to go on your way. What harm was done?

Perhaps the harm is the violation of his constitutional rights?

There are no such thing as constitutional rights anymore. But hey, we now have a fragile illusion of increased safety! What a trade!

OK, if you say so. I think there's still a Bill of Rights and normally if a person knows it, they're well protected. Hunting, however, is NOT a right (it should be and we can change that). Because it's a privilege, LE connected to it have additional powers that other LE don't have. I prefer to hunt and understand that DFW LE have extended powers with regards to search than not hunt and give them that power. You have a choice with this privilege. Take it or leave it.

[Bob33]

Fish and wildlife officers do have a right to search a vehicle without a warrant when there is probable cause of a fish or wildlife violation.

http://apps.leg.wa.gov/RCW/default.aspx?cite=77.15.094

Maybe he could have been nicer about it, but it sounds to me like you're overreacting. He searched your vehicle, found nothing, and left you to go on your way. What harm was done?

What harm was done?
WHAT ARE YOU KIDDING ME? WHen there is probable cause. DOesn't sound like there was probable cause to just go through the vehicle without even talking to the guy. YOU GOT TO BE KIDDING ME!

Were you there and aware of the entire situation? I assume you must have been since you stated there was no probable cause.

I don't know if there was or not, and you don't either.

[Knocker of rocks]

OK, if you say so. I think there's still a Bill of Rights and normally if a person knows it, they're well protected. Hunting, however, is NOT a right (it should be and we can change that). Because it's a privilege, LE connected to it have additional powers that other LE don't have. I prefer to hunt and understand that DFW LE have extended powers with regards to search than not hunt and give them that power. You have a choice with this privilege. Take it or leave it.

As is driving, but the WSP still must follow the Bill of Rights

[dscubame]

Interesting that year after year the stories of rude gammies continue to tally up.  I am one good encounter for seven bad ones.  And most of the time I am weapon less just doing my thing in the woods (walking / scouting).

[pianoman9701]

Never had a bad encounter with a gamie. I guess I've been lucky.