Question about water enforcement

[Potter36]

OK guys, somebody fill me in on this. All of the years I have been fishing, I never thought about this until this week. I'm out in the boat and like happens from time to time get checked for liscense, life jackets, etc. Couple days later I get checked at a different place ( and different official) for same stuff including checking the live well. The second time got me a little ticked off. It was earliy in the morning and the guy was cutting into good fishing time. Let me say, I was in no viloation. I seldom ever keep a fish and have never kept anything under a size limit, so its not like I'm griping about getting a ticket. My question is how is this not a violation of illegal search and seizure? Unless there is an expired tag on a boat, a visible questionable fish that has been boated and kept, etc....there is no probable cause to stop a guy in his boat. I admire the job that DNR agents do and support them, but I do not see where this is legal. Thoughts?

[publican57]

I think you probably just had the bad luck to be at the same place at the same time as the agents. Anytime they are at a site; they are there to inspect and ticket if necessary.

If there were a lot of other fishermen in boats around at the times you were checked and they were not being check; your boat may fit a description of a missing boat they are looking for?

All my guesses.

[numbuts]

nothing illegal going on there its the same as driving a car spot ckecking dui ,seat belts, etc. you had the right to say no when asked to look in livewell then he would have detained you while he obtained warrent and wasted more of your fishing time

[kydonky]

Back in the 70's they used to inspect your boat for safty equipment etc. and then they would give you an additional sticker to place on your boat that indicated you had passed inspection that year.

As I was in my early 20's then I was getting pulled over for inspection just about daily. When I complained one time the officer gave me a sticker and I was not inspected again that year. The office said the stickers helped them too as they were not spending all of their time inspecting the same boats. The river was much busier back then, hard to park at the ramp, litterly 100's of boats out in the summer. I think most folks around here have started going to the lakes instead.

After I turned 40 they stopped pulling me over for inspection.

Does anybody know if they still give these stickers out?

[roadrunner]

nothing illegal going on there its the same as driving a car spot ckecking dui ,seat belts, etc. you had the right to say no when asked to look in livewell then he would have detained you while he obtained warrent and wasted more of your fishing time

If it was a game warden I don't think he needs a search warrant. I know in Illinois they can come in your house and search your freezer etc. with out a warrant however I don't know of it ever happening. I was told by a warden that he could legally do this but if he did he better find something.

[colonelmeyer]

Game Wardens/Fish and Game Agents have more enforcement powers than other law enforcement agents, for what logical/legal reason I do not know. For other law enforcement agents, the "It is difficult to otherwise obtain evidence," argument doesn't override the citizens right to be free from unreasonable search and seizure, privacy, etc. Certainly would like to hear the legal justification behind why they don't need the same amount of probable cause as the police, not that I have ever been mistreated in any way by anyone in KDFWR, in fact they have always been more than reasonable with me but, then again, I'm not in the habit of running my mouth to folks with guns, unless I'm inebriated of course. I do know the boat argument is just like the car argument, it is a privilege not a right, so they can look into your boat whenever for no other reason than to make sure you are obeying regulations or even for no reason at all.

And that sticker idea sounds fantastic. Wish they still did that.

[PRO V LE]

Have you're boat inspected by the Coast Guard aux. they will then give you a sticker.

[KR]

I'd stop every single buckeye speed boat, cabin cruiser, houseboat, cigarette boat, kayak, canoe, raft, and floting bathtub I could and leave the Kentucky fishermen alone. Chaps my arse when these out of staters get the red carpet rolled out for them and we get crapped on. Can you tell I live on Cumberland!

[Duayne]

I had my boat inspected by the coast guard aux and got the sticker. It's actually a much more pleasant experience as it's done at your leisure and the guys that did mine took the time to go through everything. Not only did they check my life preservers, they checked the stitching on the preserver bands, for instance. They gave me some great tips and pointed out things I normally don't think of. If you can pass the CG check, local will only be spending a few minutes at your boat, if any at all.

I've seen them sit inside the no wake zone at Cumberland and do nothing but check pleasure boats, so it isn't like they have it out for fishermen. They seem to target one thing or another sometimes when on the water, and it may very well have to do with current events more than just going after fishermen. If they get a rash of injuries on pleasure boats, I bet they tend to target them. It they get a rash of reports of fishing violations, it may trigger checking more fishing boats. There are very few of them and they can't be everywhere or do everything all the time so they have to divide it up and do what's most important at the moment.

[rickhise]

If you can get them off your water an send them to Dale I could probably get them a few hundred slaps on the back an glad your here we need your help desperately.
Its half full for some half empty for others

[Les Young]

I personally don't mind being checked at all. I have saw them get drunken buckeyes & take them to the ramp at Buirnside Island & hold them in custody until the local police officer gest there & hauls them to jail. Personally I think they should be at Fishing Creek & the State Dock every weekend checking everything coming & going. We all know there are a very high percentage of pleasure boaters coming from Lure Lodge & the Harbor restaurant in Fishing Creek that are drunk. I was almost ran over in Fishing Creek by a drunk absolutley hauling ass coming from the Harbor with not as much as a Bic Lighter for a light. Litterally all I saw was Ohio & Scarrab on the side of their huge ass boat. Then another came down the creek the same way a few minutes later. I did flash my headlight & they then were good enough to stop & put their lights in then proceeded toward the main lake way slower than they were before stopping. Both of these idiots were doing this crap between 11 & 12 o'clock at night & it was pitch black out. I wish they would smoke their drunk asses myself!!!

[Potter36]

Guys, I appreciate the replys and if you read what I said, I don't mind getting checked, but getting back to the original thought.....what gives them the right to search without probable cause? Just because somebody is a DNR or wildlife rep does not trump constitutional right. I asked a ranger with the corp today and they could not give me an answer only to say they just do it. And NO! just because you refuse does not let them detain you until they get a warrant. Again, I believe it enforcing all laws and in a lot of cases think regulations should be stiffer, but random checks through unvisible areas should not be allowed.