Environmental Police

[johlar]

well, mabye if you got them in plymouth

I'm going to tell my story to these people:

http://www.aclu-mass.org/legal/have_your_rights_been_violated.html

 

[MASS-Diver]

After sorry guys, mistake post.....

 

[Diesel298]

can a RI resident get lobster permit in mass?

 

[Land Locked]

I'm going to tell my story to these people:

http://www.aclu-mass.org/legal/have_your_rights_been_violated.html

Now that sounds like a plan, even better, video tape in hand!

 

[ScubaNorth]

I'm going to tell my story to these people:

http://www.aclu-mass.org/legal/have_your_rights_been_violated.html

BOSTON -- The ACLU, consistent to form, has decided to defend NAMBLA, the North American Man/Boy Love Association, as reported by both the Boston Globe and Associated Press last week. They will represent the group in a lawsuit that's been filed by the family of a slain 10-year-old boy.

I'll take my chances with the EP or the fish Nazis or just about anyone else.....

 

[ScubaNorth]

can a RI resident get lobster permit in mass?

:58:
1. Non-resident of Massachusetts, but citizen of U.S. needs:
a. to be temporarily residing in a Mass. Coastal town
b. to own more than $5,000 worth of real estate in Massachusetts, as confirmed by tax record

translation you are well off and have a beach house in MA and plan on grabbing a few bugs.

From what I have heard if you dive with someone with a permit and they exit the water with the bugs you may still be in for a hassle.

 

[BigJetDriver]

Folks,

Just as an amendment, this following thought. If I, as a law enforcement officer in performance of my duties, am in a public place and I see, as I stroll about, items that are obvious contraband IN PLAIN VIEW (that is, I do not have to engage in unusual effort to view them), it is well within my authority to seize them, and the putative posessors of same.

By well established law and various court decisions, this does not give me permission to reach into private places, or vehicles, and pat down containers, or move things, such as seats, to see if I may be able to view such items without the owner's consent.

It is bit more involved than this, but this is the essence, or core of the idea.

 

[MASS-Diver]

Folks,

Just as an amendment, this following thought. If I, as a law enforcement officer in performance of my duties, am in a public place and I see, as I stroll about, items that are obvious contraband IN PLAIN VIEW (that is, I do not have to engage in unusual effort to view them), it is well within my authority to seize them, and the putative posessors of same.

By well established law and various court decisions, this does not give me permission to reach into private places, or vehicles, and pat down containers, or move things, such as seats, to see if I may be able to view such items without the owner's consent.

It is bit more involved than this, but this is the essence, or core of the idea.

In MASS - this is NOT the case with EP cops are far as I know. If you are fishing/lobstering they can search all your stuff without a warrant and. Plain view does not apply. It's the same deal if you run a 10 pots off your license, if they come up to your boat and ask to measure your bugs, you sure as heck can't say "only with a warrant." Now, if they find your meth stash - you're in the clear, but if you decide to opt into this fishery, you have to play by its rule - which, as far as I've always been told, means these guys can inspect you anytime you are fishing/hunting.


Think about, if this was not the case, people would take shorts all day long and just put them out of sight and then no one could stop them unless a witness saw the shorts and reported it. Probably cause etc, does not apply here - they can inspect you any time.

 

[BigJetDriver]

In MASS - this is NOT the case with EP cops are far as I know. If you are fishing/lobstering they can search all your stuff without a warrant and "plain view" does not apply.

If this is so, that they can just walk up and start searching your stuff without so much as a "how-de-do", then it has to be something you sign off on in your lobstering licence, because it sure as heck is a re-make of the interpretation of "searchs under color of authority" as defined by the United States Supreme Court.

 

[PAdiver93]

And that's the whole point, isn't it? With proper and careful management and enforcement, there will be a continuing harvest of "bugs" available.

In any case, however, proper enforcement means that we follow rules as well. A motor vehicle licence does not, in any state that I know of, automatically entitle officers to search. We are supposed to identify ourselves, and ask politely first. If there is reasonable cause to search, and the owner refuses, we then have to obtain a search warrant.

Amazing idea, isn't it?

MAN, I WOULD LOVE TO HAVE YOU TESTIFY AT ANY OF MY SUPPRESSION HEARINGS! ALL OF MY CLIENTS WOULD BE FREE! Anyway - here is the story - NO, NO, NO they can not search your car! You have a reasonable, albeit dwindling thanx to the Supreme Court expectation of privacy. Police/DEP officer does NOT need a probable cause or reasonable suspicion (which is less than PC) to ASK for consent. YOU DO NOT HAVE TO CONSENT! - No reprocussions! In cars there are some exceptions to unlawful searches that are warrantless.

DEP officers derive their powers from the Act that established DEP - which is an Agency that can enforce the environmental law. Your recourse in case of an unauthorized search should be twofold: CALL PD (they r there to protect YOUR Constitutional rights, not just to deal with bad guys (and trust me, PD boys hate "fake cops"!), threatten to calll your attorney who enjoys filing civil lawsuits that allege constitutional violations - if the threat doesn't work - call an attorney. If you have witnesses - lawyers will take that type of case (their fees are covered by the agency/state that violated your const. rights).... And please, NEVER, NEVER, NEVER let anyone search your PRIVATE property without a warrant! (even if you don't have anything)