Legal Opinion
Betchart v. Department of Fish & Game
California Court of Appeal
Decided August 3, 1984No. Civ. 52520PublishedCited by 21 opinions
1Opinion of the Court
Opinion
LOW, P. J.
The state has the duty to preserve and protect wildlife. California State Department of Fish and Game (Fish and Game) agents may without warrants reasonably enter and patrol private open lands where game is present and hunting occurs to enforce Fish and Game laws. We affirm the declaratory relief judgment.
Plaintiff Joseph C. Betchart is part owner of agricultural range land, and he, his family and guests hunt for deer on the property during deer season. Defendant Richard Macedo and other Fish and Game agents (wardens) routinely patrol the property to enforce provisions of the…
2Cases cited16 opinions
- Oliver v. United StatesSupreme Court of the United States · 1984
- Hester v. United StatesSupreme Court of the United States · 1924
- United States v. BiswellSupreme Court of the United States · 1972
- Colonnade Catering Corp. v. United StatesSupreme Court of the United States · 1970
- White v. DavisCalifornia Supreme Court · 1975
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3Cited by21 opinions
- Commonwealth v. RussoSupreme Court of Pennsylvania · 2007
- Rutherford v. State of CaliforniaCalifornia Court of Appeal · 1987
- People v. RoehlerCalifornia Court of Appeal · 1985
- Center for Biological Diversity, Inc. v. FPL Group, Inc.California Court of Appeal · 2008
- People v. Baraka H.California Court of Appeal · 1992
16 more not listed; retrieve them via the Exa API.