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Showing ID - Wildlife Code and Conservation Agents.

MK

Regular Member
Joined
Mar 29, 2010
Messages
396
Location
USA
I do alot of fishing, mushroom hunting etc. and my family and I spend alot of time in State Conservation Areas as well as Federal Wildlife areas and I am pretty much always open carrying when I am out on these public lands.

There are some confusing Statutes in regards to having to show ID should you be engaged in legal hunting and fishing activities and/or simply if you are a holder of hunting or fishing permit.

Here's an interesting Statute though under Chapter 252 in regards to the Department of Conservation -- Fish and Game:

License may be inspected--penalty for refusal.
252.060. It is hereby declared to be the duty of every person holding a license or permit issued pursuant to any such rules and regulations to submit the same for inspection by any agent of the commission, or by any sheriff, marshal or constable or any deputy thereof. Any person holding such license or permit and refusing to submit the same when a proper demand is made therefor shall be deemed guilty of a misdemeanor.

link to the above: http://www.moga.mo.gov/statutes/C200-299/2520000060.HTM

link to chapter 252 Department of Conservation Fish and Game: http://www.moga.mo.gov/STATUTES/C252.HTM

I can't find anything in regards to what a "proper demand" is but to me, there are ways available at least in certain situations where they isn't any reasonable suspicion needed in order for you to show this wildlife permit document that identifies yourself to a LEA.

To me, it seems that a LEO in Missouri could be authorized to ask to see that permit based solely on the fact that you have been issued one and that by accepting that permit, you have agreed to that.

something else I've seen and wondered about, in the MDC's Summary of Missouri Fishing Regulations found at this link it states this:

"Accepting a permit means that you will allow inspection of your permit, picture identification, catch and equipment by an agent of the Conservation Department."

link to this: http://mdc4.mdc.mo.gov/Documents/2115.pdf

but I don't see anything within Missouri law that says I have to show picture identification other than the same laws that apply to other LEO's of the State.




Now, on a different tangent I'll share an experience I had with an aggressive and somewhat threatening Conservation Agent I had the pleasure of being detained by and searched by years ago,

Now something very dicey happened to me before in regards to dealings with a conservation agent here in Missouri. Not only was I pulled over on a roadway and was made to identify myself by a conservation agent, but I had my car searched as well as my belongings and my trunk opened. All of this was due to me engaging in a legal activity and the agent knowing I had taken fish but had no idea if I was within the obligations of my permit or not. He took my coolers, filled with ice and all my crappie fillets I had cleaned from me and my family's outing and dumped it all out in the road and made me count every single fillet for him. The search was without my consent and the guy had a real sour atitude towards me. I was fully legal and for some reason this agent didn't stop me at the lake or in the parking lot but followed me down the road and pulled me over. I was given no citations but he was sure I was breaking the law when he made the stop and thus had probable cause.

One thing he addressed was that I was transporting wildlife and it has to be properly labeled and there are many of us recreational hunters and fishers that don't label our game. I actually did have my ziplocks containing the fillets labeled for each of my family members and we were very close to our limit of 30 crappie each so there was a crapload of fillets and he had been watching me clean them at the lake because he mentioned that. Maybe, to him it looked like I had a ton or through his binoculars he couldn't tell what species they were which if anything other than crappie and I would have been well over the limit. He told me that he didn't realize that the 200 acre trophy bass lake I was fishing in had crappie and that it wasn't supposed to have crappie in it. This was at Blind Pony lake if any of you are familiar with it. He was either very slow such that he couldn't intercept me at the lake or while I was packing up in the parking lot or he purposefully chose to stop me on the road so he could have access to my car and my belongings within the car.

To refuse to allow an inspection is a misdemeanor.

I don't know if he has to have a search warrant to search my vehicle if he thinks I am committing a crime but I know that he is allowed to access my gear, my coat, my coolers, my tackle box or any container that he thinks I can stuff a fish into and these were all within my vehicle.
 
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