Stephen A. Tanner v. Idaho Department of Fish and Game, et al.
Takings
Whether the Director and Officers of the State of Idaho Department of Fish and Game violate the Separation of Powers doctrine
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 management. (I.C. § 36-1201) From this the Director of the ' IFG has established policies expanding the law by authorizing 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 violate the Separation of Powers doctrine when implementing roadblocks for game check station purposes. 2. Whether game check station roadblocks implemented by the Director and Officers of the Idaho Department of Fish and Game violate the Fourth Amendment to the United States Constitution. : | ee __— eee