There is an article in the Free Lance Star today about this bill. Sorry cant get the link to work but im sure someone here can post it. It basically says that conservation officers " cannot stop a person for the purpose of determining compliance laws, rules, and regulations of the commonwealth or its localities without reasonable suspicion of criminal activity."
Basically they cannot check your creel limits, person, or vehicle,boat unless they have reason to believe you have broken the law.It also prevents them from checking game, fish for bag, creel limits unless they first make an arrest. I am all for this bill as i have been stopped and checked for merely driving down the road with a blaze orange hat on. I have[as anyone who has ever launched at kiptopeake] had the officers jump in my boat at the dock and start rummaging thru my belongings while i am going to get my trailer. I understand that they have to enforce the laws but a county, state police officer has to have reasonable suspicion to search your person and has to have a warrant to search private property so that should apply to all law enforcement. The law as written violates our fourth amendment.
Respectively . . . I completely disagree with your assessment of the situation. While I might agree that being stopped when driving down the road because of your choice of apparel is over the top. When you are out in the field and it is obvious that you are hunting or fishing you should have a reasonable expectation for being asked to see, your license, any game or fish that you might have caught and if on posted private land your written permission.
Without enforcement staff having such authority, what motivation does those who live on the edge of legal to keep their limit and only their limit of legal game; to purchase a license; or to respect private property rights.
Mr Powers
The one part of this bill that i disagree with would be there inability to check creel, bag limits unless they make an arrest first. This does greatly diminish there ability to enforce the laws. But the way they conduct themselves at Kiptopeake leaves me feeling like im guilty until proven innocent. You wouldnt want someone going thru your car because they are "curious". This bill was brought about for these specific reasons. Its been a real problem with the conservation officers abusing there authority in my county. I Deal with them all the time as i am a comm waterman and most of them are not abusing there powers. There just doing there job. but i have dealt with a few that are simply out to harass you. You get the ones that want to check you daily even though i have never received a single citation in my 25 years as a waterman. And pulling you over and searching your private property just because they THINK you were hunting or fishing is just too over the top. Just like searching your vehicle because you have long hair therefore you must be a pot head. Dont worry though if this bill passes they will make another one to counteract this one. Like requiring you to check every fish you catch at a checking station or something. The problem with Kiptopeke is they do not ask anything. They just help themselves.
PLease do not take this personally as i am just stating my humble opinion based on my personal experiences.
The funny thing all these years we have been violated and just now a lawyer has figured this out. How crazy. Bag limits and liscense should be checked. If road blocks by law enforcement is not breaking the 4th amendment how can being checked by a game warden for creel limite breaking infringing on our rights. If it passes don't complain when hunters are going through game warden check points. This may open up even more pain for hunters, etc.