4th Ammendment, ever heard of it? Since we are all innocent why bother having a constitution? -- Clatsop County Matters

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Subject: 4th Ammendment, ever heard of it? Since we are all innocent why bother having a constitution?

Author:
Legal Minded

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Date Posted: 09/ 4/06 3:24pm
In reply to: yes you are 's message, "Couple of things" on 09/ 4/06 12:01pm

[Let's just say that a law enforcement officer needs to get a warrant to board a fishing boat, where is he going to find one before the fisherman FINALLY dumps the illegal fish overboard. Maybe we need to start paying for judges to be out on boats, so that the enforcement agents can pull up to his boat and get a warrant and then go serve it. Better yet, screw it, everyone knows that fishermen are all the honest type. Yeah, right!! We should just do away with all fish and wildlife guys. In this case it's just like a vehicle on the road, and gets treated the same.]

A fishing vessel is not treated like an automobile in that an agent does not have to show just cause for boarding. As an automobile driver an officer that pulls you over does not have the right to search your vehicle without just cause. Even if that vehicle is your business enterprise they must have just cause to enter/search it, even if everyone in town suspects you of being a drug dealer if there isn't a warrant for a search the officer can not search your vehicle unless he can say in a court of law that he saw you using your vehicle in a manner which directly indicated that you had drugs in it. Judges are not riding around with cops and I think that drugs are a much more detriment in our society than illegal fish, don't you?

The Fish and Wildlife agents can raid the fishbuyers plants, the canneries/processors if those businesses are buying illegal fish. They can wait for the boats to come in and watch them offload, which would certainly be safer and a lot less expensive for the taxpayer than all the shenanigans being pulled on the river. The vessel boardings are not necesary to catch the fishermen who are catching illegal fish and are a clear violation of the 4th ammendment.

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Replies:

Subject	Author	Date
Partial correction ...	Walter Richards	09/ 7/06 9:58am
Understand your point however -- Grossman, 09/ 7/06 8:14pm Perhaps it's viewed differently, because ... -- Walter Richards, 09/ 8/06 7:07am