Keeping it Regulatory: Examining State Statutes Pertaining to Searches for Fish and Wildlife Violations

Abstract

When it comes to warrantless search authority held by law enforcement for fish and wildlife violations, how far is too far? The argument has been made that the warrantless search exception for fish and wildlife enforcement creates an avenue through which police can search individuals and property in violation for the Fourth Amendment. An examination of state statutes authorizing warrantless searches during the course of fish and wildlife enforcement reveals a varying degree of search power in both the scope of search authority and the allocation of search authority to law enforcement. In addressing the issue of warrantless searches for fish and wildlife enforcement, statutes must permit the appropriate agency to properly regulate the applicable activity while preserving an individual’s privacy rights guaranteed under the Fourth Amendment. An examination of the history of conservation law enforcement along with case law studies provides an overview of the necessity of fish and wildlife regulation as well as the warrantless search exceptions that are generally deemed appropriate. Further, a comprehensive study of fish and wildlife enforcement statutes from all fifty states reveals patterns regarding the allocation of search authority for conservation law enforcement. By applying the most effectively constructed statutes to the issue of warrantless searches for fish and wildlife violations, this piece offers solutions to states on how to maintain effective conservation law enforcement without running afoul of the Fourth Amendment.