MAIKHIO

McDONALD, J.—

On transfer to this court from the Appellate Division of the San Diego County Superior Court, the People of the State of California appeal an order of the trial court granting defendant Bouhn Maikhio's Penal Code section 1538.5 motion to suppress evidence in its case against him for two misdemeanor fishing offenses. On appeal, the People contend the trial court erred by granting the motion to suppress because (1) Fish and Game Code [1] sections 1006 and 2012 authorized the Department of Fish and Game (DFG) warden to stop Maikhio's vehicle to conduct an inspection and that stop was reasonable under the Fourth Amendment to the United States Constitution even if he had no reasonable suspicion Maikhio was involved in criminal activity; and, alternatively, (2) the warden had reasonable suspicion under the Fourth Amendment that Maikhio was involved in criminal activity and therefore could lawfully stop Maikhio's vehicle. We conclude the DFG warden did not have either the statutory or constitutional authority to stop Maikhio's vehicle in the circumstances of this case.

About 11:10 p.m. on August 19, 2007, DFG Warden Erik Fleet issued a citation to Maikhio for possession…