Can you refuse to be searched?

I really dont know what to think. I normally will let any officer search myself or my vehicle if they ask. One time, I was tired of being harrassed for hunting in a LEGAL area so I refused a search by a Sheriff....He was sooo pissed and accused me of everything in the book. Eventually, and hour later after a few threats, he just got in the car and left. I decided from then on, that I will only concent to a search that I feel is valid..ie.. the cop or warden is genuine with his concerns and not just there for harrassment.

That's where I agree. I think of it this way... I abide by the letter of the law and if I am asked to be searched, I will allow a search of my gear and vehicle. If they want to do a pat down they had better have good reason. I don't want to get in the way of these guys doing their jobs, but I also want to try to make sure the harassment of hunters stops. Most of the LEOs have a reason for asking you those questions, (i.e. a frightened caller seeing someone in camo with a weapon, mysterious vehicle parked all day). The only thing they can do is ask. Most of the time if you have nothing to fear I'd let them search my gear. The pat down - no.

Here's a story for you. A few years ago when I was living in rural NY I was hiking a public trail shooting photos of wildlife. I was also in full camo as to not be seen by the wildlife. I got a great shot of a snake and I looked up to see a woman about 250 yards away look at me and beat feet back to her car at the trailhead. I ventured back, got in my car and went home. 15 minutes later I have the Sheriff and State Troopers whipping into my driveway, blocking my car and knocking on my door. I answered and asked what the problem was.

"Were you just on the nearby hiking trail and wearing camouflage?"

'Yes I was. What is this about?'

"A woman called in to 911 and said you were shooting a high powered rifle and hunting. Were you?"

Now here is where my smart ass mouth almost got me into trouble, but to the LEOs it made sense.

'No I was not shooting NOR was I carrying a firearm. Did she hear a shot? Did you guys hear a shot from your barracks?'

"No, she did not and we did not. She said she saw you with a rifle.'

'Buahahahahaha... you're kidding right?' I invite them in and point to my camera bag... 'Does that look like a high powered rifle to you guys?'

Both officers are both grinning, but I wasn't done.

'How could this woman 'see' me with a rifle? She was more than 250 yards away and I was in the brush. I couldn't even tell that the person was a woman. You guys had to tell me. How could she KNOW that I had a rifle and that I was hunting. She saw me in camo and holding something... nothing else. You guys really should ask more questions before storming into someone's driveway like that. I had no hunting gear. Is it against the law to photograph wildlife in camo?'

"No, that seems to be a good way to do it."

'Exactly. So why would I be on a public hiking trail, hunting in the middle of the day in a no-hunting zone a mile from where I know you Troopers sit? Be kinda stupid, huh?'

"Yes sir, but do you own a rifle?"

'Yes I do, several. Heck, you can come upstairs and check the barrels to see if it's warm or even been shot recently.'

So they did. I opened my gun cabinet, they check my weapons and sheepishly apologized and headed for the door. They said the weapons were cold and looked like they still had the Winter cleaning oil in them. Bingo!

Needless to say, we chatted about hunting and I was still a bit of a smartass. I told them if it's still an issue I wouldn't wear camo in public if it'll cause another inquiry. They both laughed and the NYS Trooper tells me, "It isn't against the law to wear camo anywhere, so you can keep shooting your photos on that trail wearing camo and we'll inform the woman of the situation."

Some people really need to look before they leap. The LEOs were only following up on a call and that's why I invited them in and explained what happened. I could have done it on my porch and been well within my rights. I wanted them to know I was someone who was reasonable and I also wanted to show that we hunters are respectable and have respect for our law enforcement. The situation turned out ok and we all learned something. Long story, but I thought it might be a good read for some people. Each situation is different and I can assure you, my wiseass mouth tends to take a backseat nowadays when it comes to the law, but I will defend my rights.

If you are w/in the law and you know it and can prove it on the spot ie: copy of regs, map and GPS. Then let them find out what they want to know w/ in reason. If they get too aggressive or are not reasonable then I could understand not being very willing to let them search etc. If they dont respect your rights and you are w/in the law then call DFG and press hunter harassment charges.

The worst thing is that "Hunter harrassment laws" dont apply to law enforcement.

(d) This section does not apply to the actions of any peace officer or personnel of the department in the performance of their official duties. This section does not obstruct the rights and normal activities of landowners or tenants, including, but not limited to, farming, ranching, and limiting unlawful trespass.