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BETCHART v. DEPARTMENT OF FISH & GAME

Docket No. 52520.

158 Cal.App.3d 1104 (1984)

205 Cal. Rptr. 135

JOSEPH C. BETCHART, Plaintiff and Appellant, v. DEPARTMENT OF FISH AND GAME et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Five.

August 3, 1984.

Attorney(s) appearing for the Case

COUNSEL

Burch Fitzpatrick, Jefferson Frazier, Miller, Starr & Regalia and Dan Grimmer for Plaintiff and Appellant.

George Deukmejian, Attorney General, R.H. Connett, Assistant Attorney General, and Peter W. Van der Naillen, Deputy Attorney General, for Defendants and Respondents.

OPINION

LOW, P.J.

The state has the duty to preserve and protect wildlife. California State Department of Fish and Game (Fish and Game) agents may without warrants reasonably enter and patrol private open lands where game is present and hunting occurs to enforce Fish and Game laws. We affirm the declaratory relief judgment.

Plaintiff Joseph C. Betchart is part owner of agricultural range land, and he, his family and guests...

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