Conservation Officers: What is their authority to conduct searches?

[REMINGTON JIM]

Sounds like if you are driving down a gravel road, you will get searched. Or if you wear camo, you will get searched. Seems "reasonable" to me.....

Really ? SEARCHED for what ? under what Probable grounds ? RJ

[Jelvis]

-- As soon as you resist or start arguing, or playing tuff guy, with an authority figure as a C.O. when pulled over, you can be ordered to obey!
Jello Hello -- Outta the car long hair! --

[Steve W]

For the most part every piece of legislation a CO, or any officer enforces, will have a several sections on the officers authority or powers under that legislation. If you going out to do something that requires a license, permit or has laws/regulations governing it it's a good idea to know what you can/can't do and what officers can and can't do.

If you can post on Hunt BC, you have the skills to look up the legislation your self. Interpreting legislation can be challenging, not IKEA furniture instructions challenging, but it's not really complex once you spend some time at it and understand how legislation is written - it's all done pretty much the same way. The sections are often inter-linked so read more than just the narrow section on what you want to know.

Looking for a answer on the internet to a question like officer authority is a perilous way educate yourself. "My buddy told me I could" is not really a great defense.

Good Place to start is BC Laws: http://www.bclaws.ca/civix/content/c...tes/browse.xsl

[Iron Glove]

They're "peace officers", so they have all the authority and restrictions to that authority that any other peace officer has. Their standard is "reasonable cause". Only the officer in question will know if they actually had suspicion that you were committing a crime. You can deny them permission to search, but they don't have to listen, and they don't have to tell you what their reasons for searching you are. If they didn't have permission or a reason to be suspicious of you, and/or the contents of your vehicle, they can not use whatever they find, as evidence against you. However, as I've learned well in the past, doing anything to make their jobs more difficult, gives them lots of reasons to make your life more difficult. I probably would ask them nicely what they were looking for, and what their reasons for the search were, if only to just make a mental note of their answers or lack thereof.

Reminds me of the bad old days when the August Long Weekend "Tulameen Days" were at their worst ( some would say finest ) and there were a lot of really badly behaving folks in Town.
A contingent of RCMP spent the weekend here but to supplement them there were other "Peace Officers" including CO's and Federal Fisheries Officers patrolling the streets. Was kinda funny watching a Fisheries Officer writing out a ticket to a drunk walking on the Street with an open beer in his hand.
Yes, all "Peace Officers" have broad authority.

[JKerr]

For the most part every piece of legislation a CO, or any officer enforces, will have a several sections on the officers authority or powers under that legislation. If you going out to do something that requires a license, permit or has laws/regulations governing it it's a good idea to know what you can/can't do and what officers can and can't do.

This is such good advice, especially in the Internet age where people like to preach opinion as fact.

I used to be fairly active on some car forums, and the same thing would constantly happen. Edmonton had one with resident officers that would post/answer questions. Without a doubt someone would ask something, eight people would chime in with their wrong opinion, then an officer would just quote the Motor Vehicle Act.

It's like the give a man a fish vs teach a man to fish proverb, if you learn to find your own information you're in such a better position, saying 'SuperHunter6969 online told me I could XYZ." Isn't going to do anyone any favors in court.

[Slinky Pickle]

93 (b) is pretty all encompassing. I usually find that if I play nice then they do too.

[browningboy]

Yes they can, no they don’t need the RCMP.

Search without warrant

93

A conservation officer or constable may, without a warrant,

(a)

search a person whom he or she believes on reasonable grounds has in his or her possession any wildlife or fish killed, taken or possessed in violation of this Act or the regulations, or about to be illegally exported,

(b)

stop and search a motor vehicle, private or chartered aircraft, boat or other conveyance, in or on which he or she believes on reasonable grounds that wildlife or fish is being carried by a person, and

(c)

enter and search a shop, public market, storehouse, garage, restaurant, hotel, eating house or camp, in or on which he or she believes on reasonable grounds that wildlife or fish is located.

Seizure

94 (1)

A conservation officer or constable may seize wildlife or fish or parts of either wildlife or fish, anything referred to in paragraph (b) and anything found in, on or about a place, building or premises, or in the possession of a person, that might afford evidence of the commission of an offence under this Act, if the conservation officer or constable

(a)

finds in the possession of a person, or in, on or about a place or thing referred to in section 93, wildlife or fish that the conservation officer or constable believes on reasonable grounds was killed, taken or possessed in violation of this Act, or is about to be illegally exported, or

(b)

finds firearms, ammunition, decoys, traps, fishing rods or other devices or materials, implements or appliances for hunting or trapping wildlife or for catching fish, that the conservation officer or constable believes on reasonable grounds were held, kept or used for or in connection with a violation of this Act.

(2)

A conservation officer may seize wildlife or fish, or parts of either wildlife or fish, in a person's possession if the conservation officer believes on reasonable grounds that the right of property in that wildlife is with the government or remains in the government.

(3)

Sections 23 to 24.2 of the Offence Act do not apply in respect of wildlife or fish, or parts of either wildlife or fish, seized under this Act.

Officers empowered to stop vehicles

95 (1)

An officer may, for the purposes of this Act, stop a motor vehicle, private or chartered aircraft or boat or other vehicle to determine whether or not the occupants of the vehicle have been hunting, trapping or angling, and to obtain information about wildlife or game fish possessed by them.

(2)

A person commits an offence under subsection (1) if the person

(a)

fails to stop,

(b)

fails to identify himself or herself when requested to do so by the officer,

(c)

refuses to give information respecting hunting or fishing, or

(d)

being the driver or operator of a motor vehicle, in or on which there is wildlife or game fish or an article or device that may be used for hunting, trapping or fishing, fails, refuses or neglects to stop his or her motor vehicle when signalled or requested to stop by an officer who is in his or her uniform of office or displays his or her official badge.

Well I never knew that, thanks for the clarification!

[Jelvis]

No excuses now, bc stevie ray vonn folks -- every offence you can imagine clarified - bcsteve reeves --
Jelly - No excuses now -- how now brown cow?

[Gunner Staal]

Bc Steve posted the gospel. It’s pretty straight forward. If they believe you are hunting or that you have wildlife in your possession...anywhere other than a dwelling house (requires a warrant) you are subject to search. This applies to fishery act stuff as well. It’s actually more sweeping search powers then police are issued under the Criminal Code.

[Pemby_mess]

Bc Steve posted the gospel. It’s pretty straight forward. If they believe you are hunting or that you have wildlife in your possession...anywhere other than a dwelling house (requires a warrant) you are subject to search. This applies to fishery act stuff as well. It’s actually more sweeping search powers then police are issued under the Criminal Code.

Ive been stopped and casually searched while not hunting or fishing a couple times. Where does their power to search end, after their initial grounds for the search based on wildlife is satisfied? Like I assume they can't start looking for wildlife, but then broaden the scope to looking for anything and everything else? Or can they?