WDFW, random stop,legal?

[HntnFsh]

 When I was leaving the river after dipping smelt last week I saw a WDFW truck parked off to the side of the rd. and 2 game wardens beside it. This was at Camelot. So I think its city property. I just waved and drove on by. But I noticed they flagged the 2nd car behind me in. Just thought it was odd. I thought that random stops, check points. Were not legal in Washington. Maybe fish and wildlife officers have greater leeway.

Seemed odd to me that they were doing what looked like random stops on people leaving the area. Instead of just going down and checking people as they dipped. Ive been thinking about this a bit. And decide think that if I was the person they waved in. I would politely ask about the legality of the stop.

I'm not here to bash the WDFW guys. I know they have more power in certain areas than other law enforcement agencies. Mostly just curious if this is within their right? Do they have the authority to wave random vehicles in for checks. I'm sure they have complete authority to check you while your dipping etc. Or even if they watch you put your gear, or catch in your vehicle. But do they have the right to check you just because your leaving an area that is open for retention of a whatever is in season. Especially since this area is used for recreation other than fishing or smelt dipping?

HntnFsh

[bigtex]

Fish & wildlife checkpoints are legal in WA. DUI checkpoints are illegal.

The likely reason is they have a plainclothes officer watching people dip and telling the uniformed officers which vehicles may be over their limit and to stop them.

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[trophyhunt]

I remember when I was a young kid (I'm 46 now)they had mandatory stops for hunters.  I'm not here to bash as well and I understand the thought about if your not doing anything wrong you shouldn't worry.  But I think they should have to have a reason, I do think it's legal but really don't know.

[trophyhunt]

Fish & wildlife checkpoints are legal in WA. DUI checkpoints are illegal.

The likely reason is they have a plainclothes officer watching people dip and telling the uniformed officers which vehicles may be over their limit and to stop them.

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that makes a lot more sense, thanks bigtex.

[HntnFsh]

I appreciate your insight Big Tex. Hadnt thought of the scenario you mentioned! Thank you!

[pd]

Fish & wildlife checkpoints are legal in WA. DUI checkpoints are illegal.

The likely reason is they have a plainclothes officer watching people dip and telling the uniformed officers which vehicles may be over their limit and to stop them.

In this instance (plainclothes officer providing information to uniformed officers), this would not be a random checkpoint stop; rather, there is probable cause (suspected violation or crime).

[Bob33]

http://app.leg.wa.gov/RCW/default.aspx?cite=77.15.470

Wildlife check stations or field inspections—Unlawful avoidance—Penalty.

(1) A person is guilty of unlawfully avoiding wildlife check stations or field inspections if the person fails to:
(a) Obey check station signs;
(b) Stop and report at a check station if directed to do so by a uniformed fish and wildlife officer or if directed by an ex officio fish and wildlife officer participating in a department-authorized check station; or
(c) Produce for inspection upon request by a fish and wildlife officer or ex officio fish and wildlife officer: (i) Hunting or fishing equipment; (ii) seaweed, fish, shellfish, or wildlife; or (iii) licenses, permits, tags, stamps, or catch record cards required by this title.
(2) Unlawfully avoiding wildlife check stations or field inspections is a gross misdemeanor.
(3) Wildlife check stations may not be established upon interstate highways or state routes.

[buglebrush]

What if I am not hunting, fishing, or gathering?  I don't see how they have any authority over a citizen who is out and about, but not a sportsman. 

[brew]

i'm a hunter education instructor...every week long class we hold we have a local officer come in and talk with the class for a couple hours concerning game regs.  every class that officer says that he has the the authority to stop anyone he suspects of hunting/fishing or even in any way suspects they MIGHT be thinking about hunting or fishing .dont know if that is accurate but his claim is they have jurisdiction  to stop anyone that is commiting ANY washington law or that may THINK about commiting any violation..not gonna give his name but he says they have the most liberal jurisdiction of any law enforcement agency

[Man Tracker]

Unless it was clearly signed, it was not a check station.  I agree w/B Tex, most likely a plain clothes officer relayed info on a violation.  I think the recent Tarabocia decision proves that DFW Officers have limited power to stop and seize.  Or they have very deep pockets and are wiling to shell out $$$

[Elkaholic daWg]

i'm a hunter education instructor...every week long class we hold we have a local officer come in and talk with the class for a couple hours concerning game regs.  every class that officer says that he has the the authority to stop anyone he suspects of hunting/fishing or even in any way suspects they MIGHT be thinking about hunting or fishing .dont know if that is accurate but his claim is they have jurisdiction  to stop anyone that is commiting ANY washington law or that may THINK about commiting any violation..not gonna give his name but he says they have the most liberal jurisdiction of any law enforcement agency

KOOL!!!  The thought Police!

[Little Dave]

I've heard that attitude before and figure there is some kind of coaching inside the agency that repeats, drums in this "we are a full authority" theme.  It reminds me of my brother that used to want to become a cop so that he could essentially harass people with his authority.  I don't talk to him much these days, I believe he's working in a jail.

There's probably a better way of approaching the matter of authority in a classroom setting.  The way that I would like to see it is that the officer makes more of an effort to stress how he is an ally in the field rather than a jackboot to be avoided.