Sober As A Judge

Sober As A Judge / Case library / The Fisherman's Rights

Case library · The Fisherman's Rights

The Passenger Nobody Wanted

Balelo v. Baldrige (1984)

Charge: Mandatory tuna-observer regulationCourt: U.S. Court of Appeals, 9th CircuitState: CaliforniaDocket: The Fisherman's Rights

Does placing a government observer aboard a fishing boat to gather enforcement evidence require a warrant?

The facts

Federal law let tuna boats net porpoise only under permit. A rule made every permit holder carry a government observer, who lived aboard for weeks or months, watched the deck and filled in forms recording marine mammals killed. The rule said what the observer wrote could be used in penalty, forfeiture and permit cases. Eleven boat captains sued, saying no warrant had ever been issued.

You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.

Citation: Balelo v. Baldrige, 724 F.2d 753 (9th Cir. 1984) (en banc)

Read more at courtlistener.com. The source reveals the outcome.

← All cases