Can Fish & Wildlife Officers Confiscate Your Catch In California Without A Warrant?

In this article, you can discover…

• Whether Fish and Wildlife officers need a warrant to seize your fish.
• How to handle an officer who is attempting to confiscate your catch.
• The next legal steps if an officer seizes your catch or fishing equipment.

Can A California Fish And Wildlife Officer Legally Seize My Fish Without A Warrant?

The short answer to this is yes, as officers can seize any fish and wildlife they believe to have been taken illegally, as well as the equipment used to take them. No warrant is required for this, as individuals have a limited Fourth Amendment right when it comes to possession of file and wildlife which permits fish and wildlife officers to search and seize whatever they think is not in favor of the public welfare. In other words, your fish can be seized without a warrant if it is believed that you took the fish illegally.

What Rights Do I Have If Fish And Wildlife Officers Confiscate My Fishing Gear Or Boat In California?

If Fish and Wildlife officers decide to seize your fishing gear or the boat used to catch or take the fish, this does not mean that you will lose them for good. It is your right to seek the return of your personal property, either at the conclusion of your legal proceedings or as part of an agreement with the district attorney to resolve your case.

Generally, the disposition of these items is in the hands of the prosecutor or the judge. This means that you will either need to bring forth a motion to have your items returned or make an agreement with the prosecution to have your items returned when your case concludes. Especially if your seized items are necessary to your employment, such as a fishing boat or a work vehicle, you can seek to have your belongings returned before the resolution of your case.

How Can I Handle A Fish And Wildlife Officer Attempting To Confiscate My Catch?

Whether or not you object to the confiscation of your catch, it is crucial that you do not interfere with the law enforcement officer’s duties. If your catch is seized, Fish and Wildlife officers will place any funds from the sale of your catch into the Fish and Wildlife Preservation Fund. From here, you can later request or litigate the return of your funds, which will either be given back to you or invested into further preservation efforts by the Department of Fish and Wildlife.

Interfering with the confiscation of your catch could potentially lead to more serious issues and criminal violations, which can impact the future of your license and permits. As long as it does not interfere with the officer’s duties, you would be wise to record a video of the totality of your catch so that you can keep an accurate record of your seizure. This way, you will have a personal record that you can present if any disputes should arise in the future.

Attorney E. Michael Linscheid is a seasoned lawyer based in the San Francisco Bay Area who has helped countless clients just like you navigate the intricacies of fish and wildlife confiscations. With 17 years of experience under his belt, Attorney Linscheid is prepared to assist you in challenging your unlawful seizure so that you can get back to your business and continue providing for your family.

Still have questions? Ready to get started? Contact the Law Office of E. Michael Linscheid today to schedule an initial consultation.

How Can I Challenge An Unlawful Seizure Of My Catch By California Fish And Wildlife?

For starters, you can seek a return of the funds, but you will never get your catch back once it has been seized. Your catch will be sold on the market, and the funds will be allocated to a preservation fund. Once this has happened, you may petition the court for the return of the total funds or whatever portion of the funds has been determined appropriate by the Eighth Amendment excessive fines clause. This means that you may either see a return on the totality of your catch or a predetermined portion of the associated funds.

What Legal Measures Can I Take If California Fish And Wildlife Wrongfully Takes My Fishing Equipment?

If you believe that the Department of Fish and Wildlife has wrongfully seized your equipment for an investigation, you can file a motion for the return of your property. This document is filed with the superior court to challenge the unlawful seizure of your items, which is a common means of contesting a wrongful seizure. Another way that you could do this is by obtaining an agreement with the local prosecutor who has jurisdiction over resolving disputes of this nature.

Notes From The Field: Fighting Against The Unfounded Confiscation Of A Catch

There have been a number of occasions where I have sought and successfully obtained the return of a confiscated catch, but it is important to remember that we will not be seeking to get the physical fish back. Rather, we are seeking the return of the funds that were received for the sale of the catch. I have worked on a number of cases where the catch has either been returned partially, or the courts determined that the entire value of the catch was in violation of the Eighth Amendment excessive fines clause.

I have also handled situations where prosecutors have argued that an entire catch is illegal when, in fact, only a small portion of the catch is actually in violation of the law. However, the courts typically rule that any seizure of funds is limited by the Eighth Amendment excessive fines clause as it relates to the value of your catch. I have represented fishers who had a catch valued at $58,000 returned and others where clients have had $30,000 worth of catch returned. With the proper analysis, you can certainly seek the return of some or all of your catch.

Still Have Questions? Ready To Get Started?

For more information on Fish And Wildlife Confiscations In California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 728-9982 today.