#HB1332, relative to law enforcement authority of fish & game officers

HB 1332, relative to the law enforcement authority of fish and game conservation officers.  MAJORITY:  INEXPEDIENT TO LEGISLATE.  MINORITY:  OUGHT TO PASS.

Rep. Lyle E Bulis for the Majority of  Fish and Game and Marine Resources:  This bill changes the law enforcement authority of conservation officers under RSA 206:26 by changing “reasonable cause” for stopping and searching.  Existing law permits a conservation officer to stop and search, with reasonable cause, without a warrant for wildlife, or any illegal apparatus subject to forfeiture which may be concealed.  It also changes the wording for such searches for marine species.  The fish and game department, law enforcement, and members of the public argued that this change would make enforcement of fish and game laws all but impossible.  Opponents argued that “probable cause” is the constitutional standard, but “reasonable cause” is also a constitutional standard, as demonstrated in case law, and in Black’s Law Dictionary.  Moreover, reasonable cause is the standard for fish and game law enforcement in several other states.  Law enforcement testified that officers scrupulously follow procedures to attain warrants when deemed necessary and to protect citizen’s rights.  It is in the state’s interest in protecting and preserving the wildlife of this state for the benefit of current and future generations.  Rules on the number, size and species of fish and game that may be taken would be impossible to enforce if a conservation officer could not stop and inspect all fish and game that have been caught by only those anglers and hunters who the officer has reasonable cause to believe may have violated fish and game laws.  Searches and stops can only be conducted briefly and are strictly limited in scope.  A search into locked containers, homes, curtilidge areas or other areas where people have a greater expectation of privacy must only be conducted after probable cause has been developed and a search warrant issued.  This statute has been in effect since 1935 without challenge on constitutional grounds. Vote 10-4.      

Rep. Marc D Tremblay for the Minority of  Fish and Game and Marine Resources:  The minority strongly believes that this is a fourth amendment issue.  During executive session testimony was brought forth that the definition of probable cause from Black’s Law Dictionary Abridged sixth edition is the same as reasonable cause.  If this is so, why would we not for consistency, change the word reasonable cause to probable cause and vote OTP.