Quote:
Can a dnr officer jump in your boat without permission and start opening compartments without permission?
Every time I have ever been stopped by the dnr they have stayed in their boat and asked for all the normal stuff. But yesterday I had two officers pull up next to me which is what they normally do but then one of them just jumped into my boat…. never had that happen much less opening my compartments.
The short answer is “usually not.” However…
Wardens have very broad lattitude and they are generally granted considerably more slack by judges when it comes to the line between what is/is not a legal search.
My guess is that the warden’s claim in your case would be:
A. Normally, he would (and should) ask for permission to board, but weather conditions, boat traffic, insert other excuse here, put his safety at risk, so therefore he felt entitled to board without gaining permission first.
B. Searching closed compartments would generally require probable cause. But what constitutes “probable cause” for a warden is different from a police officer. The warden could say that he believed he saw from a distance that you were putting fish into one of the compartments because you caught multiple fish, but he could not see you return them to the water.
IMO, it’s better and more will be accomplished if you file an official complaint later rather than risk a confrontation on the water. Unfortunately, there is a “give an inch / take a mile” at play with some officers when it comes to what’s in bounds. The only way to correct this attitude is through remedial training and the only way that will happen is through official complaints.
Grouse