Likewise hope they throw the book at them... preferably the CDF&W rules and regulations as I think that woulod really do some damage. Confiscate their cars too since they were used in committing a crime.
I guess I should have been more specific as to whom my comment was directed. By constitutional protection I meant to question whether the "enforcement officers" had jurisdiction to approach the divers. In many of the Marine Sanctuaries only one agency can have jurisdiction to enforce... State or federal. This protects the States rights and removes the ambiguity toward the individual as to which authority they may be held responsible to. Many states look to the Federal tit for funding of many, many State authority objectives and as a result collaterally end up attempting to enforce Federal objective not funded by the feds...now they are beholden to the feds, but don't have legal jurisdiction.
Whether the evidence by which they claim violated the a law was in plain sight or that a search commenced which then produced the evidence or by questioning the divers, they incriminated themselves. Any guy with a gun and a badge just can't walk up to you without probable cause and start asking a bunch of questions in which the answers may incriminate or the refusal to answer may be considered probable cause. They can't start going through your stuff without your permission. There seems to be way too much leeway granted towards the so called wildlife and park service bunch to do this. I suspect that the workforce in most of those types of agencies are made up of "eco terrorists" with a noble mission that is contrary to "normal" law enforcement activities.
You suggest that that they have their property confiscated as a means to punish. I suggest that the "punishment" be appropriate to the offense. In many situations, the WMA bunch is given too much leeway to confiscate property to fund their activities. Some states turn a blind eye to that self-perpetuating constitutional violation and there seems to be no way of stopping it. The fear is that the "noble mission" mentality has a way of creeping.
So the next time you make a "rolling stop", the turbo cop confiscates your vehicle. Same thing, but only different in the since that traffic law is not now "noble". At what point do we protect ourselves from abuse of Constitutional authority? National defense (Security) is now noble, so we take our shoes off at the airport and submit to small amounts of radiation and groping. So the next time you attempt carry on your dive tools, you are detained as a terrorist. We are going to have to build more Guantanamo's in this country to satisfy that noble cause.
It is just a couple of shellfish, slap their hand with a reasonable fine and tell them not to do it again. I have seen more damage done to reef by poor divers by banging tanks and fin slapping. I say cuff them, drag them to the surface, take their gear and leave them in the water to drown because preservation is more important to me than their constitutional protection.
