Page 7 of 7 FirstFirst ... 567
Results 61 to 69 of 69

Thread: Conservation Officers: What is their authority to conduct searches?

  1. #61
    Join Date
    Nov 2005
    Posts
    767

    Re: Conservation Officers: What is their authority to conduct searches?

    Quote Originally Posted by hparrott View Post
    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

  2. #62
    Join Date
    Mar 2004
    Location
    N. Okanagan
    Posts
    11,794

    Re: Conservation Officers: What is their authority to conduct searches?

    What were you doing?
    Fishing
    catch anything?
    No
    Can I look?
    No. I'm a private kinda guy
    Have a nice day

    What reasonable grounds?
    Never say 'whoa' in the middle of a mud hole.
    Even a broke clock is right twice a day
    Wisdom comes with age, but for some, age just comes alone

  3. #63
    Join Date
    Nov 2005
    Posts
    767

    Re: Conservation Officers: What is their authority to conduct searches?

    What would the average reasonable person would think. You’re driving in the bush from the general direction from a lake and you tell the CO you were out fishing. Is it reasonable for an average person to think you might have caught some fish?

  4. #64
    Join Date
    Jun 2010
    Posts
    208

    Re: Conservation Officers: What is their authority to conduct searches?

    Quote Originally Posted by boxhitch View Post
    What were you doing?
    Fishing
    catch anything?
    No
    Can I look?
    No. I'm a private kinda guy
    Have a nice day

    What reasonable grounds?
    I don't know how to multi-quote, but this is in reply to your message and a couple previously...

    CO's have the authority to both inspect AND search - each has different criteria. They can ask to inspect your fishing gear, if based on that inspection they have reasonable grounds to believe you did catch a fish they can search your cooler.

    Inspection and search are based on probabilities. e.g. You get stopped by a CO and they ask to see your gun to confirm that you are not travelling with a loaded firearm.
    You say "I don't have any firearms".
    The CO notices that: you're dressed in camo, driving a truck on a dead end logging road, with binoculars in the front seat, during hunting season, your vehicle is the same one they saw parked at the side of the road a few hours ago, etc. etc. Do they reasonably believe you actually have a firearm and are trying to avoid inspection? Can they then search your vehicle for the firearm? Nothing is definitive - but most probably, yes.

  5. #65
    Join Date
    Jul 2006
    Location
    Kamloops Country just south of Heaven
    Posts
    23,857

    Re: Conservation Officers: What is their authority to conduct searches?

    A Judge in court will go with a C.O. b4 the person charged -- the Judge seen these C O s b4. --
    ---
    Jel -- Judges know what's going on with these issues -- Judge says, " My court is always fair, Now, march the guilty bugger in! "
    Last edited by Jelvis; 08-17-2018 at 11:54 AM. Reason: JUST WANT TO ASK YOU A FEW SIMPLE QUESTIONS? gotta problem wit dat?

  6. #66
    Join Date
    Mar 2016
    Location
    Coquitlam
    Posts
    1,216

    Re: Conservation Officers: What is their authority to conduct searches?

    "Reasonable grounds" is a phrase that is litigated frequently.

    The so-called "reasonable man" is another good one.

    There's a good chance that there's jurisprudence on what would be considered reasonable grounds for a CO in BC...or another similar jurisdiction. I haven't looked, but I would be surprised if it's never been looked at.

  7. #67
    Join Date
    Jul 2006
    Location
    Kamloops Country just south of Heaven
    Posts
    23,857

    Re: Conservation Officers: What is their authority to conduct searches?

    Depends on the C.O, also, who they are, how much experience, type of personality, some a bit shy some a bit bold.
    Just don't piss the wrong one off! Good thought.

    -- some are dog handlers and specialize in certain enforcement --
    Jel -- Kamloops has the top shelf Conservation Officers, and the most reasonable folks around, so that helps a shit load.

  8. #68
    Join Date
    Oct 2011
    Location
    Mainland
    Posts
    295

    Re: Conservation Officers: What is their authority to conduct searches?

    The CO can search with reasonable grounds, that is a fact, however, your story lacks an important point. Did the CO initially provide you a reason for your detention aka "stop". If they failed to provide you a valid reason, then the search was totally illegal. Now, if they stopped you and said something along the lines of "Sir, you've been stopped because we suspect you have been poaching ring tailed loon out of season, and we are searching your vehicle under the authority of the Migratory Bird Act, Wildlife Act.. blah blah blah".. Or Then that search would most likely be considered legal. Unless, the second CO observed something of imminent threat such as a loaded firearm on the rear seat, then they could rip open door.. Though in that scenario they still might lose the charge.

    See as a Canadian the Charter rights protects you from arbitrary search and seizure by the state. To keep it simple, you have to be provided a reason / your jeopardy in the situation if the CO wants charges to stick. However, that unfortunately doesn't stop a fella from doing some forest road extortion / and or searches against the charter in the middle of the bush.. It is a "piece of paper" after all.

    Its the fine points of a story, where sometimes the most important details lay.

  9. #69
    Join Date
    Jul 2006
    Location
    Kamloops Country just south of Heaven
    Posts
    23,857

    Re: Conservation Officers: What is their authority to conduct searches?

    The C. O. dint pull you over and come to the window and say nothing, he or she said something. If you asked why your stopped?
    1. They dint say cuz we needed someone to talk to
    2. cuz we had nothing better to do so we figured we'd pull you over
    3. cuz we got so bored playing video games we decided to do our job for a change

    Jel -- so what did they say exactly, when you asked, " Why you pull me over? " -- like said above post, it makes some of difference how they responded.
    Last edited by Jelvis; 08-17-2018 at 04:08 PM. Reason: JUST WANT TO ASK YOU A FEW SIMPLE QUESTIONS? gotta problem wit dat?

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •