Wildlife Officer performs illegal search

A routine stop in the Richolm area of the Withalacoochee State Forest. Officer sees person. Officer turns on lights. Officer stops person (for no other reason than being in state forest). Officer smells pot. Officer searches vehicle and finds Pot. Officer officer arrests person.

For a long time the state wildlife officers have been working under the assumption that if your in a wildlife area they can search you. In a state-owned wildlife management area, officers regularly check to make sure people are obeying hunting and fishing regulations. Such stops are called "resource inspections."

The appellate judges wrote that the officer hadn't observed the suspect hunting or fishing and didn't see any guns or fishing poles, still believed he had the authority to detain anyone for a regulatory inspection in the wildlife management area.

Wildlife Commission rule authorizes its officers to do regulatory inspections. The problem is that Wildlife Commission rule is not law, and cannot supercede the state or national constitution.

2nd District Court of Appeal judges said such broad power conflicts with state law.

"We have found no statutory authority for a wildlife officer to stop a citizen for a regulatory inspection without any reasonable suspicion that the person is violating any law or wildlife regulation," the opinion says.

It's a shame that Pasco judge rejected this argument and it had to go the appellate court.

The good news is that the 4th amendment is valid and even wildlife officers have to have probable cause to stop and/or search people even in wildlife management areas.

Full court opinion here