Can The Fish And Game Police Issue Speeding Tickets?

[miwxq]

My question involves a speeding ticket from the State of: California, I was pulled over on the freeway by fish and game police. The officer stated that I was speeding give me a warning and let me go after checking all the informations. Could fish and game police/warden give me a ticket on the freeway? I thought the highway and freeway belongs to California highway patrol.


thanks,

[seniorjudge]

Q: Could fish and game police/warden give me a ticket on the freeway?

A: Yes.

[miwxq]

The fish and game had federal plates on the car, would that make any difference?

thanks,

Q: Could fish and game police/warden give me a ticket on the freeway?

A: Yes.

[BOR]

The fish and game had federal plates on the car, would that make any difference?

thanks,

If you were stopped by a federal officer, it must have been on a highway running through federal property? Was it a National park, National forest??

If it was federal property, CHIPS may or may not have concurrent jurisdiction. It depends if the area was totally ceded to the feds from the state or not??

The Assimilative Crimes Act authorizes the feds to issue traffic violation tickets (and for other crimes) under the state's laws in which it occured, since the feds have never passed comprehensive traffic laws for federal property, some are in the CFR, yes.

So if you were speeding, say through Yosemite, federal property, they could cite under the CA code or applicable CFR, but it would be heard in federal court, as far as my knowledge goes.

[cdwjava]

My question involves a speeding ticket from the State of: California, I was pulled over on the freeway by fish and game police. The officer stated that I was speeding give me a warning and let me go after checking all the informations. Could fish and game police/warden give me a ticket on the freeway? I thought the highway and freeway belongs to California highway patrol.

Are you SURE that it was a federal officer?

Where was the stop? What violation were you cited for?

As a note, many federal officers may cite for state code violations (Vehicle, Penal, etc.) as they are considered peace officers in the state of CA when performing their official duties. We have National Forest Police, and Federal Fish and Wildlife officers that cite into our local courts on non-federal roads, so this is not the issue.

If this was a CA Fish and Game officer, then he can certainly cite for any and all state violations - including the Vehicle Code. The freeway is the PRIMARY jurisdiction of the CHP, but this does not preclude other peace officers from citing there, either. California peace officers have authority state wide.

- Carl

[BOR]

Are you SURE that it was a federal officer?

Where was the stop? What violation were you cited for?

As a note, many federal officers may cite for state code violations (Vehicle, Penal, etc.) as they are considered peace officers in the state of CA when performing their official duties. We have National Forest Police, and Federal Fish and Wildlife officers that cite into our local courts on non-federal roads, so this is not the issue.


- Carl

So Carl, you mean CA gives feds authority to cite on NON federal property?? Interesting!!

[cdwjava]

So Carl, you mean CA gives feds authority to cite on NON federal property?? Interesting!!

Because they sometimes CAN does not mean that they WILL.

This is not common with the Border Patrol, but they can effect stops for violations of state law ... though they do not tend to cite for it. They use it as a pretext, I suppose.

Not being a federal officer, I honestly can't say what the parameters for the various agencies are and it may vary greatly by agency and relations with local courts. Not being anywhere near a federal court, it would be a tad inconvenient for all if our local feds cited people into a U.S. Court ... if they had to do that, they would never cite anyone. Instead, they cite for violations of state law.

- Carl

[chuckycheese]

I feel almost certain the officer was a California state employee. Whoever heard of a federal fish & game officer???

[seniorjudge]

I feel almost certain the officer was a California state employee. Whoever heard of a federal fish & game officer???

You're kidding, aren't you?

[cdwjava]

I feel almost certain the officer was a California state employee. Whoever heard of a federal fish & game officer???

They exist ... the US Department of Fish and Wildlife DO have officers. Their trucks are very distinctive, though, and their uniforms can seem similar to CA Fish and Game officers. We have both in my area.

http://www.fws.gov/le/index.html

But, I agree - I suspect that he was cited by California Fish and Game and NOT a federal officer ... I can't recall too many times when federal officers have stopped and cited someone outside the boundary of their primary jurisdiction, but it does occasionally happen. Note that many wilderness areas might be on county or state roadways, but pass through vast areas of federal lands.

- Carl