Conservation Officers: What is their authority to conduct searches?

[big-gun]

So I was out in the bush yesterday when I ran into a couple CO’s. They turned on their lights, jumped out of their truck to start talking to us. Before I knew it the second CO (that wasn’t talking to me) opened the back door of my truck and started rifling through my things. Can they do this?

[mike_b]

Had one in Kamloops do it to.me as well. He jumped right onto my pack and went straight for my rifle case. Was pretty pissed off, not with his aggressiveness, but he's lack of give-a-fks and treatment of my property. 10 minutes later, we were on our way again, but definitely left a sour taste

[IslandWanderer]

Do some CO’s actually dislike hunting and hunters?

[browningboy]

They cannot just look at your property without your permission, however if you say no and they have a suspicion then they call call RCMP in to conduct a search.

[bcsteve]

They cannot just look at your property without your permission, however if you say no and they have a suspicion then they call call RCMP in to conduct a search.

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.

[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!

[hparrott]

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.

After stopping you though, the officer still requires "reason to believe" that an offence has occurred prior to conducting a search

[bcsteve]

After stopping you though, the officer still requires "reason to believe" that an offence has occurred prior to conducting a search

No. Only reasonable ground to believe that you were successful when you were hunting or fishing.

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

[Pemby_mess]

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.

[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.