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Law enforcement officers have the authority to enter real property to determine if a fish was taken or possessed in violation of this title or an adjustment, to the fullest extent allowed under the Constitution of the Yurok Tribe and the Indian Civil Rights Act which governs searches and seizures. This section includes authorization for law enforcement to enter real property without a warrant under various conditions, including but not limited to the following situations:

(a) An officer is lawfully present where an item is in plain sight and the officer has probable cause to believe the item is contraband, stolen property, or the item is evidence of a violation of this title (plain view exception); or

(b) The landowner does not maintain a reasonable expectation of privacy in the area, even if “No Trespassing” signs are posted. Such areas generally include pastures, open water, open fields, and woods (open fields exception); or

(c) Exigent circumstances exist where an officer conducts a lawful search justified by the officer’s need to investigate the officer’s reasonable belief that a crime is being committed or that this title is being violated. [Ord. 44 § 1805, adopted, 7/23/2015.]