whalerkyle:
... Speaking to the searching of my boat. Does anyone know what would truly happen if I refuse to let the DFG search my boat/bc's/coolers? Kyle
As a matter of fact, I do, and from experience no less! lol The DFG jack-booted goon will try to coerce you into giving up your 4th and 5th Amendment rights, and invertebrates will put their tale between their legs and whimper and go along with such treason. They will usually threaten to call the local PD to search you, (which you will still not consent to) which results in probably at least an hour delay at which point you can inform them that such a detention and the resulting unreasonable delay, especially absent probable cause would be not only unconstitutional, but even if you did have contraband, it would be inadmissable under the fruit of the poision tree doctrine, and in any event would result in you filing a civil complaint against the DFG naming the warden employee personally as an additional defendant, but you would also do your legal research and remind him of the new precedent that does not shieled him from immunity for engaging in crimes while on the job; " Mr Warden, just think of the tens of thousands of dollars you will be required to pay to retain an attorney to defend yourself if you don't trust the DFG lawyers to protect your interests. And will the DFG really back you, or maybe to cut their losses they may use you as a scapegoat and fire you, leaving you without a job with a family to provide for."
Now when I do this stuff, I always come across as a guy who is utterly prepared and in control, but initially it is done in a way that allows the the goon to save face, and make him think you are on his side.
As an example, a moron employee once shot himself in the hand with my .45 while in my truck. I took him to the hospital immediately, at which point I knew they would call the local PD. Cop arrives, asks me what happened, and here's how I handled it: "Well, other than to tell you that he accidently shot himself in the hand, I really don't wish to make a statement". He replies; "Then fine, I will just take you down to the station for questioning" I reply: "Actually, not only do I not have to answer your questions here, but I do not have to answer them at the station either" Ok, this establishes that I am the one in control, not him...now comes the buddy bonding thing as well as the gesture to allow him to save face, both crucial elements in negotiating with thugs; "Look, it is not that I wish to be uncooperative with you, it is just that for all I know this idiot will hire a schlock attorney to sue me for his own stupidity in shooting himself in the hand- look, you know how lawyers are these days, these creaps are now even suing cops for them just doing their jobs!" Ok, he really liked the latter part of that statment, and i created it right on the spot solely for his consumption. The cop says I will tell you what, I will just go inside, verify that he in fact accidently shot himself, then the matter would be concluded-I said; "You sound real fair.", another compliment.
So what do you think is going to happen if you refuse to give up your rights to the DFG goon, he is going to arrest you-for refusing to give up your 4th and 5th Amendment Rights?!
The mere prescence of scuba gear hardly makes one likely to have engaged in a violation of the California Code of Regulations related to taking game, which is what the DFG enforces.
That is like saying the posession of a car makes you more likely to be a drunk driver, and worthy of a duice stop.
Did you cop to being the posessor of the short bug?
Remember, these tyrants have created an entire scheme to tax money out of you, it is all about money, and the deck is utterly stacked against you by these jackals. They created a set of rules but they don't play by them. It will be an utter and complete waste of your time to fight it if you look at it from a profit and loss standpoint, but an incredible opportunity to exercise your duty as a citizen to do everything within your power to utterly screw with them back, but be prepared to waste an awful lot of time doing so.
Remember, they created the game, not you, and you are innocent until proven guilty-make them play by their own rules. On the rare times they do, and you can't beat the rap using the rules, then thump your chest, play hardball, bargain down and cop to a lesser, then pay the piper as all played fair and you lost fair and square.
I used to spend an average of 10 hours doing research and preparations of various motions on radar citations cases over a lousy ticket costing less then a couple of hundred. But I always rubbed their noses in their own soilings, and THAT is what made it all worthwile.
Now, where are my meds.......
