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Oyster Bandit Arrested for Attempted Murder

Posted on 4/1/13 at 1:19 pm
Posted by DonChowder
Sonoma County
Member since Dec 2012
9249 posts
Posted on 4/1/13 at 1:19 pm
This man was just hungry for some oysters...

If I was to "brandish" any kind of weapon toward the LDFW officers I don't think a hatchet would be to high on my list.


BTW, which one of our esteemed posters is this?
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 4/1/13 at 1:29 pm to
quote:

The arrest stems from an incident that occurred on March 20 when Ragas was stopped by an LDWF agent and PPSO marine division deputies who were assisting in the patrol. The agent and deputies found Ragas taking oysters from polluted waters.


If these Oysters are for his own consumption, why is this an issue?

quote:

When the LDWF agent attempted to board Ragas' vessel, Ragas exhibited violent behavior toward the agent and would not allow the agent to board the vessel.


4th Amendment? How does it apply here?
Posted by Motorboat
At the camp
Member since Oct 2007
22685 posts
Posted on 4/1/13 at 1:30 pm to
I may have to visit that site more often:

Posted by brass2mouth
NOLA
Member since Jul 2007
19692 posts
Posted on 4/1/13 at 1:33 pm to
quote:

4th Amendment? How does it apply here?


In LA law that LDWF has the ability to stop you w/out cause to perform safety and license/compliance checks, just like when you're hunting.
Posted by DonChowder
Sonoma County
Member since Dec 2012
9249 posts
Posted on 4/1/13 at 1:42 pm to
quote:

I may have to visit that site more often:
It's the only site with reports and how-tos I've found that fits into my fishing scheme/turf (the socialist, gun grabbing hell hole known as California).
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57002 posts
Posted on 4/1/13 at 1:42 pm to
quote:

If these Oysters are for his own consumption, why is this an issue?


I am guessing it would be a slap on the wirst non issue if not for this

quote:

sixth time that Ragas has been charged by LDWF agents for taking oysters from an unapproved area. This also makes the third time that Ragas has been charged for assaulting an LDWF agent.
Posted by brass2mouth
NOLA
Member since Jul 2007
19692 posts
Posted on 4/1/13 at 1:44 pm to
quote:

If these Oysters are for his own consumption, why is this an issue?



They aren't, he's a commercial fisherman trying to sell said oysters to markets for everybody to eat.
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 4/1/13 at 1:47 pm to
quote:

In LA law that LDWF has the ability to stop you w/out cause to perform safety and license/compliance checks, just like when you're hunting.


And board your boat?
Posted by brass2mouth
NOLA
Member since Jul 2007
19692 posts
Posted on 4/1/13 at 1:49 pm to
quote:

And board your boat?


Yes.
Posted by Cracker
in a box
Member since Nov 2009
17714 posts
Posted on 4/1/13 at 2:13 pm to
pull a hatchet out on many leo you get shot he lucky
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 4/1/13 at 2:24 pm to
quote:

Yes.


Has this been challenged at the USSC?
Posted by brass2mouth
NOLA
Member since Jul 2007
19692 posts
Posted on 4/1/13 at 2:36 pm to
quote:

Has this been challenged at the USSC?


No, many states follow the same law.

Its been held in LA many times by judges many times though.
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 4/1/13 at 2:51 pm to
Interesting. Wonder why a vessel that is registered and licensed is not afforded the same protection as a vehicle.
Posted by Jester
Baton Rouge
Member since Feb 2006
34320 posts
Posted on 4/1/13 at 2:58 pm to
quote:

Interesting. Wonder why a vessel that is registered and licensed is not afforded the same protection as a vehicle.


They are. Fisheries agents are given a lot more leeway than the 5-0.
Posted by brass2mouth
NOLA
Member since Jul 2007
19692 posts
Posted on 4/1/13 at 2:58 pm to
quote:

Interesting. Wonder why a vessel that is registered and licensed is not afforded the same protection as a vehicle.

Dunno man, its in the law, basically an implied consent that if you're on the water in LA you already consented to LDWF boarding/searching/stopping your vessel.

I think it has to do with hiding fish/game and what not.
Posted by brass2mouth
NOLA
Member since Jul 2007
19692 posts
Posted on 4/1/13 at 2:59 pm to
quote:

They are. Fisheries agents are given a lot more leeway than the 5-0.


Only when you are outdoors engaging in hunting/fishing activities. Anywhere else they are just like a regular cop.
Posted by Jester
Baton Rouge
Member since Feb 2006
34320 posts
Posted on 4/1/13 at 3:00 pm to
quote:

Only when you are outdoors engaging in hunting/fishing activities.


Open to interpretation...
Posted by brass2mouth
NOLA
Member since Jul 2007
19692 posts
Posted on 4/1/13 at 3:04 pm to
quote:

Open to interpretation...


Ask any lawyer that knows what they're doing and they will tell you the same thing.

Out in the field an agent can search your car/ice chest/tool box and what not if they have reason to believe you are storing wildlife in that container.

You can't get stopped by a GW for say littering, and then they pull out your ice chests and what not, unless you tell them you were just fishing/hunting.
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 4/1/13 at 3:26 pm to
quote:

They are. Fisheries agents are given a lot more leeway than the 5-0.


BRPD needs a warrant or probable cause to search my vehicle. According to posters here, LDWF does not.
Posted by dante
Kingwood, TX
Member since Mar 2006
10669 posts
Posted on 4/1/13 at 3:27 pm to
Seems like I remember being told the LDWF has more power and authority than any other LE agency in LA.
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