Maikhio

People v. Maikhio

Good Law
126 Cal. Rptr. 3d 74·2011 Cal. LEXIS 6104·51 Cal. 4th 1074·253 P.3d 247
Supreme Court of CaliforniaJune 20, 2011S180289California12,775 words

Opinion

Opinion

Cantil-Sakauye, J.

To protect and preserve the wildlife of the state for current and future generations, California—like other states—has adopted numerous statutes and regulations governing the conduct of persons who fish or hunt in this state, prescribing, for example, the places where fishing or hunting may occur, the seasons in which particular species may be taken, the number and size of different types of fish or animals that may be caught or shot, the means by which particular types of wildlife may be taken, and the licenses, permits, and records required for different fishing and hunting activities. To make possible the effective enforcement of these regulations, California law has long required anyone who chooses to fish or hunt in this state to exhibit or display, upon demand of any official authorized by California law to enforce the fish and game statutes and regulations, (1) any required fishing or hunting license, (2) all fish or game the angler or hunter has caught or taken, and (3) any equipment capable of being used to take such fish or game.

In the present case, a fish and game warden (hereafter game warden), surveilling a public fishing pier from a distance with a…

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