State Fish and Game Wardens

Division 2, Chapter 2, Article 1 of the Fish and Game Code deals with state deputies and other employees under the California Department of Fish and Wildlife.

Section 850 requires the director, from time to time, to employ or appoint, with or without pay, deputies, clerks, assistants, and other employees as the department may need to discharge in proper manner the duties imposed upon it by law.

Section 851 specifies that a deputy appointed to enforce the provisions of this code is a peace officer. The deputy has all the powers and authority conferred by law upon peace officers to make arrests for violations of this code.

Section 853 allows the director to may deputize any employee of the department to check persons for licenses and to enforce any violation of that section. Before a person is deputized for the first time, the person must have satisfactorily completed a training course meeting the minimum standards.

Section 854 provides that the minimum age limit for appointment to the position of fish and game warden of the department is 18 years. An examination for the position of warden  requires a demonstration of the physical ability to effectively carry out the duties and responsibilities of the position in a manner that would not inordinately endanger the health or safety of a warden or any other person.

Section 855 states that regularly employed law enforcement officers of the department may, when authorized by the director, expend sums as authorized for the purchase of fish, birds, or mammals as evidence, or for expenditures related to the procurement of evidence, or for expenditures made to investigate other violations of this code without divulging the identity of the employee.

Section 856 states that all employees of the department designated by the director as deputized law enforcement officers are peace officers. The authority of that peace officer extends to any place in the state as to a public offense committed or which offense there is probable cause to believe has been committed within the state.

Section 856.5 authorizes the department to install patrol vehicle mounted video and audio systems, commonly known as dashboard cameras, in patrol vehicles used by peace officers. A peace officer may use the patrol vehicle mounted video and audio system to record any communications or other actions involving the officer while the officer is in uniform and acting within the scope of his or her authority.

The department is required to adopt a policy to establish standards regarding the activation of patrol vehicle mounted video and audio systems and the preservation and retention of recordings from patrol vehicle mounted video and audio systems, subject to three specified requirements.

Section 857 specifies that the status of a person as an employee, agent, or licensee of the department does not confer upon that person a special right or privilege to knowingly enter private land without the consent of the owner, a search warrant, or an inspection warrant. This does not apply to employees, agents, or licensees of the department in the event of an emergency. The term “emergency” is defined.

Section 859 allows the department to seek and accept grants and donations from private and public organizations and agencies for the purpose of administering the Canine (K9) Program.

Section 860 allows the department to offer for sale a fish and game warden stamp to be designed and produced as the department may determine. The fish and game warden stamp may be purchased on a voluntary basis from the department or a licensed agent.