Can the FWC now seize your equipment if caught in violation?

[mannn123]

All, the below is the statute re: seizure by the FWC when under search:

379.334 Search and seizure authorized and limited.—The Fish and Wildlife Conservation Commission and its conservation officers shall have authority when they have reasonable and probable cause to believe that the provisions of this chapter have been violated, to board any vessel, boat, or vehicle or to enter any fishhouse or warehouse or other building, exclusive of residence, in which game, hides, fur-bearing animals, fish, or fish nets are kept and to search for and seize any such game, hides, fur-bearing animals, fish, or fish nets had or held therein in violation of law. Provided, however, that no search without warrant shall be made under any of the provisions of this chapter, unless the officer making such search has such information from a reliable source as would lead a prudent and cautious person to believe that some provision of this chapter is being violated.

For taking other stuff (ie. boats, trucks, etc.), the provisions of Section 379.337, Fla. Stat. apply, which basically requires a conviction before they can go in and take your stuff, and even then they have to give you a hearing, etc. There are other provisions in Ch. 379 regarding seizure of things in specific situations.

To my knowledge, they can't even come close to taking your boat on the spot for having an overslot fish or anything like that.

[Heywood]

It was my understanding that if a felony violation has occurred, they can confiscate your equipment on hold it as evidence.

[Mango Man]

It was my understanding that if a felony violation has occurred, they can confiscate your equipment on hold it as evidence.

That sounds logical.

[Jack Hexter]

It was my understanding that if a felony violation has occurred, they can confiscate your equipment on hold it as evidence.

Holding it as evidence is not a "seizure" It is an impoundment. Like Mann says, it can be seized only after a hearing and a Judge orders it forfeited.

Another point. If a law enforcement agency wants to seize your property, they will do a title search and determine the value as well as any liens on the property. If there is a lien on the property, such as financing owed to a bank, then it's a judgement call by that agency as to whether or not it's worth the cost of paying off the lien to seize it.

[Captjohn5150]

The way i understand it, they can take it....you are on the hook to pay for it.....how that works i don't know...even if that is true or not....

[snookaffinity]

If they seize it and go through the forfeiture process, the law enforcement agency has to settle any leins on the property forfeited.

[LODI QUACKER]

There you go. They will not be taking that option with my equipment then. HA!

[On Island Time]

Law Enforcement can seize items utilized during, or items which aided in, the commission of crimes. However, items seized during the course of felony must be sought for forfeiture or they are to be returned to the owners. If forfeited, then forfeiture proceedings have to take place and the Judge would have to award the forfeiture.

[Kids Ate My Bait]

If you don't break the law then you have no worries...