The California Supreme Court reversed a decision of the court of appeal. The court held that a fish and game warden had authority to stop and search the vehicle of a person known to have been fishing or hunting, even in the absence of reasonable suspicion that the person had violate state fish and game laws.
A fish and game warden saw Bouhn Maikhio fishing with a handline from a public pier. Maikhio was catching either lobster or fish and depositing them in a black bag. The warden knew that handlines were often utilized in that location to catch spiny lobsters, which were out of season at that time. When Maikhio left the pier with his catch and started to drive away, the warden stopped him and asked if he had any fish or lobsters in his car. Maikhio denied having any. The game warden looked in the car and saw the black bag on the floor. He opened the bag and discovered a spiny lobster. Upon questioning, Maikhio admitted taking the lobster. The game warden issued a citation to Maikhio and returned the lobster to the ocean.
