Saturday, November 12, 2011

Your rights when being questioned by DEP officers?

First, I'd like to state that I make sure to obey all freshwater and saltwater catch limits, size restrictions, and other conservation laws regarding fishing in my area (NY). I haven't had any encounters with the law (and don't plan to) but I just want to know if DEP conservation officers can just randomly stop you and order you to open your bucket or cooler and let them search it, or would they need "probable cause" the same way any other kind of cop would when performing a search (one example of probable cause would be if somebody actually saw you keeping fish you weren't supposed to, and then saw you walking away with it). It's not that I would have anything to hide and I would have no problem with simply cooperating if the officer asks nicely, I just want to make sure that some overbearing government goon who decides that he's the eco-gestapo isn't allowed to physically detain me and arbitrarily ransack my personal belongings when I know I've done nothing wrong, and if I can just refuse consent for an unreasonable search and walk away.

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