Quote:
Originally Posted by Pete
I think it boils down to page four. The fact that the warden could not ID what was put in the bag did not give him cause to search - but because CA has a warm and fuzzy for game it was OK.
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The Game Warden knew that something had been placed into the bag, what it was is what was in question. The Warden pulled the vehicle over, questioned the driver, and knew that the driver was lying when he said he did not catch anything. That right there should have been probable cause.
I do not see the difference for example if a police officer pulls some over for speeding, walks up on the car and sees a "tobacco" pipe on the front seat. The drivers eyes are blood shot, that right there is probable cause to search the car for the illegal substance.
Game Warden saw the catch, requested to see the catch, saw the black bag which the unknown catch had been place into on the pier, and commenced his search.