United States v. Edward J. Raub

Edward J. Raub was convicted of violating federal fishing regulations that limited salmon fishing in Puget Sound. At his trial before a U. S. magistrate, Raub moved to suppress evidence seized from his boat on the ground that the warrantless stop and boarding of his boat by federal agents violated the fourth amendment. The magistrate found that no fourth amendment “search” had occurred and denied the motion to suppress. The district court affirmed Raub’s conviction, holding that the magistrate did not clearly err in finding that a search had not occurred. We hold that this inspection stop was a search within the scope of the fourth amendment, but affirm the conviction on the ground that the search falls within the Biswell-Colonnade administrative search exception to the warrant requirement.

l. STATEMENT OF FACTS

On July 17, 1978, at approximately 6 p. m. , Raub was fishing in the waters to the north of Partridge Point, Washington. At that time and place, federal regulations prohibited all persons, except Indians exercising fishing rights under the Point Elliott Treaty, from fishing for sockeye salmon with gill nets. 50 C.F.R. § 371.9 , Appendix A, para. 2(2)(a) (1978); id. §…