# Question about FWC...



## Kamo (Apr 20, 2009)

Last friday, I was driving down Mobile Hwy near Wal-Mart. Got caught by the light. Looked over and saw 2 FWC trucks sitting around a truck. I have to assume it was the owner of the truck standing by them. He had 2 coolers in the back of his truck, lids up and what looked like the FWC guys were writing a ticket maybe. Can not be sure, but you could tell there was some serious conversation going on.FWC was doing their job, and owner of truck looking miserable. So this brings me to my question...Obviously they had something on this guy or he would not have been sitting there. But what could it have been? First thing that pops into my head is illegal fish. (to many etc...) I just thought it was weird that he was pulled over so far away from water. If they had something on him, would they not have taken care of business at the launch or marina? Why so far inland? Anyone had this happen to them or know what the deal might have been. Hubby said too many fish, but then I bring up the following point. What if you go fishing on a charter, or out with friends. Caught a good mess of fish, and decide to do a cookout that weekend. You end up taking the fish home with you to prep for the upcoming festivities. You are alone, then for whatever reason you get pulled over. Can you be charged with possession of too many fish when in fact it was a crew that went and you were taking everything home. I guess there are a few questions to be answered here. What do you guys think?


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## chasin-tail (Oct 8, 2007)

Might have been a Fresh Water violation??


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## countryjwh (Nov 20, 2007)

maybe they were selling gamefish


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## Splittine (Nov 24, 2007)

They might ave pulled him over for speeding or running a light and just happened to come up on some fish. I guess it would be hard to prove limit as far as quanity, not sure how that works. But they are full pledge officers and can write tickets for mving violations. My wife got pulled over by one a few years back but it ended up being her cousin and didnt know it at the time, she was kinda weirded out for getting pulled over by FWC for speeding but it can and does happen.


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## kingling (Apr 10, 2008)

they can pull you over for anything 

probly a traffic stop and they asked if they could look in the coolers and found some kind of violation


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## biggamefishr (Oct 26, 2007)

maybe he was speeding? FWC does have the power to enforce local, state, and federal laws/codes. You see them pulling people over all around tallahassee on I10. I reckon people think "hey this is just a water nazi, he has no power" and go blowing past them


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## Tuna Man (Oct 2, 2007)

Note in the regs...possesion...that is a key word. If they were checking fish....<H3><A name=points></A>Points on Possesion
_Posession Limits for Multiple Day Recreational Fishing Trips_</H3>

Many anglers are unsure or unaware of how bag and possession limits affect them during fishing trips which exceed one fishing day. Bag limits are daily limits for the 24 hour period beginning at midnight and ending the following midnight. These bag limits may not be exceeded at any time and are not considered "per trip" limits. What's important in this definition is that once you have caught and possess the bag limit for a species, you may not harvest any more of this species until the next daily period. Taking the catch to shore and then going back to harvest another daily bag limit is illegal.

Check your freezers....:banghead:banghead:banghead

Other scenarios might be that you are camping on the mainland, staying in a motel, at your beach house, in transit over land from an extended fishing trip, etc. Under these circumstances, the possession of multiple daily bag limits depends on the species you intend to keep and more importantly, the location where you possess the fish. The following table provides you with the information needed to: 

Tarpon - has no daily bag limit, but it is illegal to posses more than two tarpon at any time. Any tarpon possessed must have tarpon tag affixed. 

Reef fish (snappers and groupers included within the aggregate bag limit, hogfish, Atlantic coast red porgy, and Atlantic coast black sea bass)- *Any person who has* *fished for more than one day may possess double the daily bag limit once such* *person has departed the fishing site and is no longer within 100 yards of any state waters, docks, fishing piers, or other fishing sites.* Additionally, any person who has fished aboard a charter vessel or headboat on a trip that spans more than 24 hours may possess double the daily bag limit provided that the vessel has a sleeping berth for each passenger aboard the vessel and each passenger possesses a receipt issued on behalf of the vessel that verifies the length of the trip.


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## angus_cow_doctor (Apr 13, 2009)

You know, it is getting WAYYYYYY too hard to be legal. I can remember when it was easy to stay within the law. Now you need a lawyer to interpret if you are legal or not.:sick


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## Play'N Hooky Too (Sep 29, 2007)

> *angus_cow_doctor (6/29/2009)*You know, it is getting WAYYYYYY too hard to be legal. I can remember when it was easy to stay within the law. Now you need a lawyer to interpret if you are legal or not.:sick


It's the lawyers that are the problem. Too many of them. And the bad thing is they don't even make good cut-bait.oke


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## BJW (Oct 1, 2007)

Gee, I don't know how to take it when someone says I don't make good cut bait. I guess I should just feel less at risk.


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## LITECATCH (Oct 2, 2007)

BJW, how ya doing man??!!! you headed down here soon? good to see you posting. sorry to derail.


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## BJW (Oct 1, 2007)

No Scott, won't make it down this year. My wife said she was tired of going to the coast every year and wanted to do something different. We went out west for two weeks in May. I took a 3 day hike acrossthe Grand Canyon from the North Rim to the Colorado River and out the South Rim. The only time I got on the water was a rafting trip on the Colorado River near Moab. All in all, itwas quite a bit different than the over 20 consecutive years going tothe Cost! Hopefully we will get down next year if I can't squeeze something in later this year.


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## bonita dan (Oct 3, 2007)

FWC does have a lot more authority that most people think on land and distance in the gulf.


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## Play'N Hooky Too (Sep 29, 2007)

> *BJW (6/29/2009)*Gee, I don't know how to take it when someone says I don't make good cut bait. I guess I should just feel less at risk.


:blush: Sorry, did I say that out loud? I'm sure you would make excellent cut bait....oke


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## saltfisher1 (Oct 8, 2007)

"What if you go fishing on a charter, or out with friends. Caught a good mess of fish, and decide to do a cookout that weekend. You end up taking the fish home with you to prep for the upcoming festivities. You are alone, then for whatever reason you get pulled over. Can you be charged with possession of too many fish when in fact it was a crew that went and you were taking everything home. I guess there are a few questions to be answered here. What do you guys think? "

Posession is 9/10's of the law....Its all about the attitude of the person you are dealing with...You can be charged but can fight it in court...Some cops are buttnuggets like that.
"


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## auburn17 (Oct 29, 2008)

I have always understood that FWC has more authority than any other law enforcement officers when it comes to searching vehicle or vessel. They do not have to have a warrant to search (I think), so there is no telling what it was. Maybe they were just getting some grub from one of their buddies????


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## Tuna Man (Oct 2, 2007)

> *saltfisher1 (6/29/2009)*"What if you go fishing on a charter, or out with friends. Caught a good mess of fish, and decide to do a cookout that weekend. You end up taking the fish home with you to prep for the upcoming festivities. You are alone, then for whatever reason you get pulled over. Can you be charged with possession of too many fish when in fact it was a crew that went and you were taking everything home. I guess there are a few questions to be answered here. What do you guys think? "
> 
> Posession is 9/10's of the law....Its all about the attitude of the person you are dealing with...You can be charged but can fight it in court...Some cops are buttnuggets like that.
> "


Sure you can and most likely will be charged. What part of the word possession don't you understand?:banghead The FWC may take your word and let you slide...weather it is held up in court with your crew there or not is another story. That I can't answer and don't want to be the one testing it out either.:doh:doh

You think the FWC has power....test out a game warden. I don't know if FWC can come into your home without a warrant, (which I'm sure they can) but I know for a fact that when I lived in Mississippi they had that power. They usually only pull it when they are after a known poacher.


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## saltfisher1 (Oct 8, 2007)

> *Tuna Man (6/29/2009)*
> 
> 
> > *saltfisher1 (6/29/2009)*"What if you go fishing on a charter, or out with friends. Caught a good mess of fish, and decide to do a cookout that weekend. You end up taking the fish home with you to prep for the upcoming festivities. You are alone, then for whatever reason you get pulled over. Can you be charged with possession of too many fish when in fact it was a crew that went and you were taking everything home. I guess there are a few questions to be answered here. What do you guys think? "
> ...




The upper part of that was copied and quoted from the original....Basically I agree.


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## floater1 (Oct 31, 2007)

they can and will pull you over anytime they fell the notion to last year we went night fishing and on the way home i was pulled over on 17th ave. by a fwc officer after 30 minutes of searching the boat and vehicle he let us go cause we were legal


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## auburn17 (Oct 29, 2008)

You think the FWC has power....test out a game warden. I don't know if FWC can come into your home without a warrant, (which I'm sure they can) but I know for a fact that when I lived in Mississippi they had that power. They usually only pull it when they are after a known poacher.[/quote]

Aren't they the same? I always thought FWC was a State Game Warden??


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## Tuna Man (Oct 2, 2007)

> *auburn17 (6/29/2009)*You think the FWC has power....test out a game warden. I don't know if FWC can come into your home without a warrant, (which I'm sure they can) but I know for a fact that when I lived in Mississippi they had that power. They usually only pull it when they are after a known poacher.


Aren't they the same? I always thought FWC was a State Game Warden??[/quote]

Come to think about it ... yes you are correct. If sworn. Now I don't know if any of them are not sworn in.

Sworn personnel are fully constituted police officers as provided under Florida Statute 379.3311. This gives them the authority to enforce all laws of the state, not just those relating to resource enforcement. Our officers are also cross-deputized to enforce federal fisheries and wildlife laws.

...think probable cause You've been fishing you must have fish...:banghead:banghead


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## saltfisher1 (Oct 8, 2007)

Thats alot of power for a possum sherriff!


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## dak15 (May 3, 2009)

FWC Is the Game Warden for the state of Florida !!! They have more law enforcing power / authority then local and state officers because they can inforce state , local , and fed. laws . they dont need warrents !! just have to have a reason to beleave u are breaking the law (probable cause , such as illegal fish or game ) to search anyones property , house , boat ,vehicle etc. also can write tickets for traffic violations . usually u dont see them pulling people over for traffic violations because they have better things to do but they will and can do it !!!


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## saltfisher1 (Oct 8, 2007)

""probable cause""

That covers alot of territory....suspicion...just because they want to....crazy stuff.

I was pulled over in a 77 trans am and asked if I knew anything about a missing pepsi machine?...."Suspicion"

Morons in Robertsdale back in the Early 90's.


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## BJW (Oct 1, 2007)

> *alanbarck (6/29/2009)*
> 
> 
> > *BJW (6/29/2009)*Gee, I don't know how to take it when someone says I don't make good cut bait. I guess I should just feel less at risk.
> ...


Glad to know I made the cut!


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## angus_cow_doctor (Apr 13, 2009)

> *floater (6/29/2009)*they can and will pull you over anytime they fell the notion to last year we went night fishing and on the way home i was pulled over on 17th ave. by a fwc officer after 30 minutes of searching the boat and vehicle he let us go cause we were legal


You must be alot cooler head than I am. Had they pulled me over, I would have first demanded an apology for their rash action, then I would have asked them where I needed to send them a bill. When they ask what for, tell them my time is worth 150 dollars an hour. They just used up 1/2 hour, so they owe me 75 dollars. Just like a lawyer!

I would get all their names and badge numbers, then report and make official complaints against each of them, making sure it showed up in their files. They would remember me so well that they would never dare to pull me over again.:hotsun

I go to great lengths to be legal. What gripes me is that I have to prove I am legal. If they see me doing something illegal, come get me and take me to jail. Otherwise, leave me the $%^# alone.:nonono

What ever happened to innocent until proven guilty? As far as I am concerned, those officers are guilty of misuse of official power, and should be tried in a court of law.:hoppingmad


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## Tuna Man (Oct 2, 2007)

> *angus_cow_doctor (6/30/2009)*
> 
> 
> > *floater (6/29/2009)*
> ...


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## ishmel407 (May 7, 2008)

It would seem to me that if you had two days limit in two different ice chests in your truck and you get pulled over and they check you they cant prove when you caught either of the limits then they shouldnt give you a ticket. If they did I would fight it. There is no way they would be able to win that. Now if they seen you get off the boat with a ice chest and put it in the truck and check you and you have to many fish and you try to say that the other fish were from the day before it will be your word against theres. I have been pulled over by a conservation officer before for speeding to my high school graduation. He let me go but he could have gave me a ticket.


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## Nat-Light (Oct 9, 2007)

FWC doesn't have god-like powers. They are still constrained by the same Constitution that every other law enforcement agency must abide by. They can't just barge into anyones home and conduct a search without a warrant. They can't just pull any person over and conduct a search of their vehicle unless they have probable cause that you've violated the law. 99% of the time FWC will ask for your *consent *to do a search, because 99% of the time they can't search withoutyour consent. If any LEO asks for my consent to do a search, I politely tell them no- the FourthAmendment gives me that right.


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## Daydreamin (Jun 20, 2008)

> <SPAN id=_ctl1_ctlTopic_ctlPanelBar_ctlTopicsRepeater__ctl29_lblFullMessage>FWC doesn't have god-like powers. They are still constrained by the same Constitution that every other law enforcement agency must abide by. They can't just barge into anyones home and conduct a search without a warrant. They can't just pull any person over and conduct a search of their vehicle unless they have probable cause that you've violated the law. 99% of the time FWC will ask for your *consent *to do a search, because 99% of the time they can't search withoutyour consent. If any LEO asks for my consent to do a search, I politely tell them no- the FourthAmendment gives me that right.


Yes they abide by the same constitution. They do not have the same constraints about probable cause(this isn't in the constitution). They do have the authority supported by state and federal law to conduct searches that other law enforcement agencies are not entitled to perform. My brother-in-law (Alabama Fish and Game) is routinely called by county sheriffs to "happen to stop by" a vehicle they have pulled over. I have been with him a couple of times when he has done this. He has a k-9 dog who is trained to find drugs. I was with him when he pulled over a young woman who was driving 90 on the interstate. She told him the same thing about "you have no right"...he tells them all the same thing..."tell it to the judge".

You tell a LEO he doesn't have your consent to search...it's your right. You tell FWC or any game warden he doesn't have your consent...be prepared for them to impound your vehicle and have it taken apart peice by peice. If they don't find anything they will probably apologize and tell you to have a nice day.


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## Nat-Light (Oct 9, 2007)

The lady was driving 90 thus she was pulled over.It is well known that using a K-9 to walk around a vehicle is different from having an officer search the interior of the vehicle, any law enforcement agency can use a K-9 to search the outside of your vehicle and if the dog alerts they can search the inside of the vehicle. No super powers there.They must have probable cause to conduct a search,though theymay only need reasonable suspicion to initially stop you or they can do it under the guise of a safety inspection or a license check.You can research on your own, what constitutes probable cause- plenty of information on the interweb. Just because a LEO officer does something doesn't mean they were legally entitled to do it. Like I said, mostof the time an officer asks for and is granted consent to search. 

Read the following:

<SPAN class=GroupHeading id=headerTitleTruncate1 style="FONT-WEIGHT: bold">Amison v. State <SPAN class=InformationalSmall id=headerTitleTruncate2>5 So.3d 798,<SPAN class=InformationalSmall id=headerTitleTruncate3>Fla.App. 2 Dist.,2009. http://www.2dca.org/opinions/Opinion_Pages/Opinion_Page_2009/April/April%2001,%202009/2D07-5928.pdf


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## Florabama (Oct 19, 2007)

> *angus_cow_doctor (6/30/2009)*
> 
> 
> > *floater (6/29/2009)*they can and will pull you over anytime they fell the notion to last year we went night fishing and on the way home i was pulled over on 17th ave. by a fwc officer after 30 minutes of searching the boat and vehicle he let us go cause we were legal
> ...


Amen brother! Freedom is slipping away faster than you can catch a limit of endangered red snapper.America will soonbecome the USSR where you have to have papers authorizing you to be outside. It's time for all of us to say we won't take it anymore. I am a law abiding citizen, but the police have far exceeded their power as have other government agencies.


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## Skippy (Sep 18, 2008)

> *Nat-Light (6/30/2009)*The lady was driving 90 thus she was pulled over.It is well known that using a K-9 to walk around a vehicle is different from having an officer search the interior of the vehicle, any law enforcement agency can use a K-9 to search the outside of your vehicle and if the dog alerts they can search the inside of the vehicle. No super powers there.They must have probable cause to conduct a search,though theymay only need reasonable suspicion to initially stop you or they can do it under the guise of a safety inspection or a license check.You can research on your own, what constitutes probable cause- plenty of information on the interweb. Just because a LEO officer does something doesn't mean they were legally entitled to do it. Like I said, mostof the time an officer asks for and is granted consent to search.
> 
> 
> 
> ...




That was well worth the read, thanks for supplying the link.



Skippy


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## auburn17 (Oct 29, 2008)

Me and some buddies were stopped in Blackwater one night while we were running **** dogs, we were "suspects of shooting deer at night". He tore the truck apart inside and out, including the toolbox, and found no gun or anything else. After not finding anything and having our stuff all over the side of the road he then told us to have a nice day. 

He never once asked us if he could search anything, he had us leaning on the hood and wouldn't let us say anything. WE were 16 year old kids staying out of trouble in the woods, so how is that suspicious???


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## angus_cow_doctor (Apr 13, 2009)

I was coming back from my granny's house in monroeville, Al one night in january a few years ago, and decided to stop off at a piece of land we own and pick up some more firewood that we had already cut up, but did not have room to haul on that day.

It was almost midnight, when I backed into the woods and loaded my chevy to the hilt with some oak.

As I was pulling out of the woods, a truck came flying up on me with blue lights flashing. Keep in mind this is a 200 acre tract, and I was pulling into an 80 acre field.

It was my friendly game warden. He thought I was a night hunter. Made me show ID and answer why I was there. The ironic thing is that I had worked at the stockyard with him a few years earlier, but he did not remember me.

He stared at that load of firewood real hard, and you could tell he wanted to see what was under it. I guess he thought I hid a deer under the wood. I flat out told him he was welcome to look if he wanted, but he would not only unload every stick of it by himself, but he could also count on loading it all right back up when he was done, or else he would have to arrest me for disorderly conduct, because I was NOT going to reload all that wood.

He hemmed and hawed for a moment, then decided it was not worth it. I told him thanks for watching our property for night hunters. We appreciated it. He was not impressed.

I have done the same thing with Andalusia city cops. They wanted to search my truck one night. I told them go right ahead, but when they were done, they could count on putting it all back just like it came out. They knew I meant it, and left me alone.

I just can't stand to watch someone paw their way through my stuff, then expect you to clean it up. A walmart greeter did that to me one time. She no longer has a job at walmart.


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