Illegal Search by FWC, no more "resource/reg checks allowed"

The case is Harry P. Davis vs Eddie Reynolds and James Greek Civ. A No. 1530 US district Court N. D. Fl, Tallahassee Fl. June 10, 1970. It basically says that there is a diminished right to privacy when the states need to conserve natural resources is considered. It also says that" Where a search is made to maintain order or discipline, to maintain security or to prevent enty of forbidden articles into designated areas, a warrantless search is proper even though probable cause may be negligent or absent." The wording is lengthy but I have a copy and if you want it or want me to read some of it to you call me. 904-237-5268. I am working the flood detail this week but have cell service most of the time.

Interesting! I'm going to have to find the complete text of the case. It sounds like two different situations are being combined in this case. Kinda like the the 2nd Amendment. You know know, the right to bare arms/well regulated militia.

http://www.2dca.org/opinions/Opinion_Pa ... 7-5928.pdf

There is the actual opinion of the case recently decided. It would seem that there needs to be some indication of resource related activity. There was none in this case (except simply being near a river, within a WMA).

RANDOM GAME CHECKS IN WMA

THE UNITED STATES DISTRICT COURT RECOGNIZED THAT THIS TYPE OF INSPECTION SERVED A PUBLIC INTEREST BY ENABLING THE OFFICER TO ENFORCE SAFTEY AND CONSERVATION LAWS AND, THEREFORE, JUSTIFIED A WARRANTLESS SEARCH WITHOUT PROBABLE CAUSE. DAVIS V REYNOLDS, 319 F. SUPP 20 ( U.S. DISTRICT COURT, N.D. FLORIDA 1970 )


HUNTERS ENTERING GAME HABITATS DURING OPEN SEASON ARE NOT TAKEN BY SUSPRISE BECAUSE THEY KNOW OF THEIR EXPOSURE TO LICENSE AND GAME CHECKS. STATE V. MCHUGH, 630 SO.2D 1259, 1266 (LA. 1994)



I HAVE AT LEAST 10 MORE CASE LAW PROVIDED BY THE FWC LEAGAL TEAM IN TALLAHASSEE.
IF YOU ARE IN A WMA MANAGED BY FWC IN MY REGION YOU WILL BE STOPPED, AND ANYTHING IN PLAIN VIEW OR PLAIN SMELL IS PROBABLE CAUSE FOR A FURTHER INSPECTION. ONCE UNDER ARREST THE WHOLE VEHICLE IS SEARCHED.


THE RULES ON THE ROAD DO NOT APPLY IN A WMA, CASE LAW AFFORDS MORE LEE WAY FOR CONSERVATION LAW ENFORCEMENT.

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