[wiredantz]

Originally Posted by alanw

I had nothing to hide either but that's not the point.. refusing to consent does not give them probable cause, and I should not have waived my rights. What if he decided to question the empty beer cans in my cooler, or if he found a kilo of weed that the last guy who owned my yak hid in there..





Agree with most of what you said, even though CA FGC 856 says that they need probable cause that you committed an offense in order to search without consent. The fact that you've obviously been fishing doesn't mean that you have done something illegal.That said, I just read about the Maikhio vs. California case which says they can stop and question you if you are leaving a hunting/fishing area. It's bad for everyone because the warden had probable cause to stop the vehicle in that case (he witnessed the poaching), but the court decision lets them stop any vehicle now, probable cause or not? It's yet another clear violation of civil liberties, in the name of a "higher cause" (conservation).

I guess we should accept that participating in a highly regulated activity like fishing or hunting comes with heightened scrutiny, regardless of the 4th.

well said