OCT 8, 2017 - IMPORTANT! Pending Bill Will Stop 'Warrantless' NYS DEC Searches

Important breaking news in the fisheries and in the various forums.

OCT 8, 2017 - IMPORTANT! Pending Bill Will Stop 'Warrantless' NYS DEC Searches

Postby EC NEWELLMAN » Sun Oct 08, 2017 2:10 pm

Thanks to an industry person who has done extensive work here on an issue dear to my own heart!
=====================


ATTENTION!


All fishermen / hunters / business owners /

lovers of constitutional rights in New York State!

IMPORTANT !!!



A Bill has been introduced in the NY State Legislature that promises to eliminate UNCONSTITUTIONAL warrantless searches and property seizures by NYSDEC Enforcement Personnel.

PLEASE FAX, EMAIL, AND CALL YOUR ASSEMBLY MEMBER AND GOV. CUOMO’S OFFICE AND DEMAND PASSAGE OF THIS BILL INTO LAW.


Also - PLEASE FORWARD THIS EMAIL AND ATTACHMENT TO ALL OF YOUR FRIENDS IN NY STATE – UPSTATE HUNTERS, FISHERMEN AND BUSINESS OWNERS HAVE IN INTEREST IN THIS ALSO! POST ON SOCIAL MEDIA, MAKE AS MANY PEOPLE AWARE OF THIS AS POSSIBLE !! WE MUST FLOOD THESE OFFICES WITH OUR DEMAND FOR CONSTITUTIONAL LAWS IN N.Y. STATE!

The current session bill numbers are:

NYS Senate – S2993 (Lavalle)
NYS Assembly – A2352 (Thiele)


Go to this link to read the full text, history and progress of this bill in the ASSEMBLY - Bill A2352:


Go to this link to read the full text, history and progress of this bill in the SENATE - Bill S2993:



The bill corrects language that has been historically misinterpreted by NYSDEC.


They claim that the current environmental law EXEMPTS them from 4th and 5th Amendment limitations on law enforcement, and gives them authority to search and seize private property without a warrant or probable cause.

Of course this is impossible, as no state law or law enforcement agency can supersede the Bill of Rights – nonetheless NYS DEC ECOs have been illegally violating our individual rights for years with impunity.


THIS IS OUR LONG-AWAITED OPPORTUNITY TO STOP THIS LAWLESS ACTIVITY BY OUR STATE GOVERNMENT!!

The bill has already passed in the state Senate – it will be harder to get passed in the liberal Democrat-dominated Assembly, and Gov. Cuomo will also likely resist this effort under pressure from NYSDEC officials. This means we ALL must do EVERYTHING WE CAN to push this through the Assembly and the Governor’s office!

You can find contact info for your Assembly member here:


Locate the person with the search link and then click on his/her page for contact info.

Here is Gov. Cuomo’s contact info:

New York Governor Andrew Cuomo
State Capitol
Albany, NY 12224
Fax:(518)474-3767
Tel:(518)474-8390

email: gov.cuomo@chamber.state.ny.us
web: http://www.state.ny.us/governor


I have attached a sample letter to make this as easy as possible – there is no excuse not to do this!

FAX or Regular Mail is best method – it creates a piece of paper that must be dealt with! Do it more than once!

As Americans we each have a personal responsibility to keep our government honest!

I have done as much as I can – it is up to each one of us to step up and demand that our state government abide by the U.S. Constitution and the Bill of Rights.

Thank you, and thanks to EC Newell Man for his help and information on this bill.

Thank you!
***************


- SAMPLE LETTER - DUPLICATE AND/OR FOLLOW OUTLINE - SIGN YOUR NAME


YELLOW HIGHLIGHT IS THE AREA YOU FILL IN THE INFORMATION REQUESTED

*************


[Your Name and Address]

[Date]

[Name and Address of Assemblyman/ Governor]


Dear [Assemblyman/Governor]:

I am writing in strong support of Bill No. S2993/A2352, “AN ACT to amend the environmental conservation law, in relation to the powers and duties of enforcement officers.”

This bill will insert language into the Environmental Conservation Law that will bring it into harmony with the 4th and 5th Amendment of the U.S. Constitution. The law as currently written has been historically misinterpreted by NYSDEC to illegally exempt their enforcement personnel from constitutional search and seizure limitations. This unconstitutional interpretation has resulted in countless civil rights violations over the years, in the form of illegal warrantless searches and seizures of private property by NYSDEC enforcement officers.

As an elected official, you swore an oath to “support the constitution of the United States…” As your constituent, I expect and demand that you honor your oath of office by supporting this bill and voting for its passage into law.

Thank you for your attention to this important matter – I will be monitoring your voting activity on this bill.

Sincerely,

[Your signature]


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Re: OCT 8, 2017 - IMPORTANT! Pending Bill Will Stop 'Warrantless' NYS DEC Searches

Postby wshot » Mon Oct 23, 2017 8:56 am

let the poaching begin.
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Re: OCT 8, 2017 - IMPORTANT! Pending Bill Will Stop 'Warrantless' NYS DEC Searches

Postby stevelikes2fish » Fri Oct 27, 2017 9:53 am

For some reason, I thought fish and game wardens were exempt from warrants under an old law across the country. Perhaps I am wrong.
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Re: OCT 8, 2017 - IMPORTANT! Pending Bill Will Stop 'Warrantless' NYS DEC Searches

Postby EC NEWELLMAN » Fri Oct 27, 2017 1:14 pm

PLEASE PRINT OUT THE FORM BELOW


This is a amended petition form in support of the bill to force NYSDEC ECO’s to comply with the U.S. Constitution when conducting regulatory searches.

The amendments consist of adding signature lines so that each page contains 10 signatures, and also adding a “Print Name” line. All else remains the same.

Please distribute to every party boat captain, fishing or hunting business, gun shop, hunting club, etc. that you know of in N.Y. State so they can print out and have their customers sign – this issue concerns ALL sportsmen and businesses who have regulatory exposure to the NYSDEC...


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Re: OCT 8, 2017 - IMPORTANT! Pending Bill Will Stop 'Warrantless' NYS DEC Searches

Postby jrgesq » Sat Nov 11, 2017 4:31 pm

This is a very important issue which addresses laws that contradict state and federal statutes. It will
eliminate random harassment of fishermen without probable cause. Imagine a society with no probable cause requirements. These resources would better served rather than bothering fishermen, who spend money and benefit our local and state economies. It is long overdue. Similarly, they should not be able to charge a captain with possession of illegal fish thrown on the deck by customers. It is too expensive to challenge for a client, but it undoubtedly would not be upheld by our Courts on appeal. This is a great site for providing this information, an invaluable place for fishermen.

Joseph Giaramita, Esq.
http://www.nytriallawyer.org
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Re: OCT 8, 2017 - IMPORTANT! Pending Bill Will Stop 'Warrantless' NYS DEC Searches

Postby EC NEWELLMAN » Sun Nov 12, 2017 12:30 pm

On point Joe and you clearly explained what this not only means to fishermen, but to the people in the once Empire State.

I do hope that the people rally around this bill since it is only half way through the process...let's make this one reach the governors desk.
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Re: OCT 8, 2017 - IMPORTANT! Pending Bill Will Stop 'Warrantless' NYS DEC Searches

Postby EC NEWELLMAN » Fri Nov 17, 2017 10:03 am

An issue I have personally dealt with and know something about - STOP & QUESTION:

NY POST (11.17.17) NYPD may need consent before doing searches


The NYPD is discussing a compromise on two City Council bills that would force cops get consent before conducting searches where there is no probable cause and to give business cards to people they stop, sources said.


Those encounters — known as Level One stops — allow cops to stop someone if they’re searching for a lost child or seeking information in a “non-accusatory” manner.


The two controversial bills known as the Right to Know Act also require cops to inform people that they have the right to refuse to be searched without probable cause.

Police would still be allowed to conduct searches without permission if probable cause exists.


Read the short article, and realize that the "stopping, detaining and limiting of a persons movement" is still an extremely controversial issue and constantly being reviewed and modified through the years....
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