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Stephen A. Tanner v. Idaho Department of Fish and Game, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-35886 · judgment April 26, 2022


Certiorari denied · November 7, 2022
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

The Idaho Department of Fish and Game (IFG) is part of the executive branch of the State of Idaho and is tasked with the duty to manage the wildlife of Idaho. (Idaho Code (I.C.) § 36-103) The Idaho Legislature authorized the use of game check stations stopping fishermen, hunters and trappers to aid in wildlife man­ agement. (I.C. § 36-1201) From this the Director of the IFG has established policies expanding the law by au­ thorizing the stopping of All traffic, i.e., roadblocks and “rules for compliance for the public.” The Questions Presented are:

  1. Whether the Director and Officers of the State of Idaho Department of Fish and Game vio­ late the Separation of Powers doctrine when implementing roadblocks for game check sta­ tion purposes.

  2. Whether game check station roadblocks im­ plemented by the Director and Officers of the Idaho Department of Fish and Game violate the Fourth Amendment to the United States Constitution. !

Counsel of record

For petitioner
Stephen A. Tanner

For respondent
Jennifer Hughes Fegert
Lake City Law Group PLLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 07 2022
    Petition DENIED.
  2. Oct 19 2022
    DISTRIBUTED for Conference of 11/4/2022.
  3. Oct 13 2022
    Waiver of right of respondents Idaho Department of Fish and Game, Virgil Moore, Lucas Swanson, Josh Stanley and Brian Johnson to respond filed.
  4. Sep 29 2022
    Waiver of right of respondent Willie Cowell to respond filed.
  5. Sep 12 2022
    Petition for a writ of certiorari filed. (Response due October 14, 2022)