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E.D.Cal.: By entering a National Wildlife Refuge, a hunter does not impliedly consent to a search

By John Wesley Hall, Jr.

By entering a National Wildlife Refuge, a hunter does not impliedly consent to a search. United States v. Azevedo, 2010 U.S. Dist. LEXIS 84591 (E.D. Cal. July 21, 2010): Resolution of this motion therefore turns on whether by his entry onto the National Wildlife Refuge to hunt, Azevedo thereby gave his implied consent to a search for purposes of enforcing all applicable laws and regulations. The government argues that hunting in general is a heavily regulated activity and that all hunters are aware of compliance checks. The government also argues that various provisions of Title 50 C.F.R., state law, brochures, training booklets, and the "Harvest Record" permit issued to those hunting at the Colusa National Wildlife Refuge advise hunters of what they may and may not do (including that they ay not possess controlled substances) and that they may be subject to ejection if they violate those provisions...continue to full post

Full post as published by Fourth Amendment on August 21, 2010 (boomark / email).