Conservation Officers and rifles

scott_r

scott_r

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After reading some of these posts about cops waiting for guys to pull out of shooting ranges to check their firearms I was wondering if I have the same rights to refuse a search by a CO during hunting season?

I had an incident this fall where I was pulled over by the CO's and asked to exit my truck, they then asked me to check my guns (in a very rude manner)
Can I tell them no, refuse a check? Or do they have the jurisdiction to just go in my vehicle because its hunting season and I am hunting??

I have been running more often into these asshat CO's and would really like to know my rights in this situation??

Cheers!!
 
They have a reason to believe , they can even go into your house without a warrant I think. I might be wrong, but even off season as well.

One thing that happened to me was the CO and RCMP, came up the FSR, the cop couldn't search me vehicle , so he had the CO do it.
 
The Conservation Officers have broad authority over most things related to natural resources.

They do indeed have authority to stop your vehicle and ensure compliance with all applicable statutes and regulations.

Their authority is even more encompassing than that of a normal police officer.
 
Years ago I got a traffic ticket from a CO.

I was using my dune buggy in our pasture to put up some "No Hunting" signs and then I crossed the road into our other pasture and he seen me do this. He then followed me into the second pasture and gave me an unregistered vehicle ticket.:mad:
 
Hornhunter said:
Years ago I got a traffic ticket from a CO.

I was using my dune buggy in our pasture to put up some "No Hunting" signs and then I crossed the road into our other pasture and he seen me do this. He then followed me into the second pasture and gave me an unregistered vehicle ticket.:mad:
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If it was your land you should have charged him with treaspass!:D
 
Ranger G said:
What have you got to hide?
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I guess you'll have no problem with peace officers entering your home on occasion and without cause, as well? I mean, you have nothing to hide, right?
 
C.O.s in B.C.

I was interviewed by C.O.s three times in 2006.

They want to see your hunting licence, examine your rifle if it is in the vehicle to see that it is unloaded, and if you're duck hunting, your federal migratory game bird permit, look at your shells to see if they are steel, and in the Lower Mainland they want to see your Fraser Valley permit.

I didn't have any game with me at the time, (well, one duck, but he didn't even ask to look inthe back of the truck) but if they ask if you were successful, they want to see your properly cancelled tags and examine game for evidence of species and ### as well.
 
The way I understand it (at least here in Alberta) a CO (Wildlife enforcment officer)can search all but your dwelling place without a warent. IF THEY HAVE PROBABLE CAUSE.
So if they stop your truck and see: a gun, a red hunting type jacket, a box of ammo on the dash, anything that one could resonably associate with hunting (or fishing), then they can search.

If they do not see anything then they can ask you, " Hi, how are you doing today sir, have you been hunting?" If you say "Yes I'm deer hunting." then he knows you are hunting even though he may not see anything that suggests that, and can search.

If you say "no, I am just out for a drive to look at the wildlife and the area" Then he has no reasonable grounds for a search. If he does a search without resonable grounds, anything found will probably not be allowed in court. (but if he all of a suddenly sees blood or a duck feather, he can now search and if you were lieing to a peace officer, that is an offence in itself)

Most COs are good sorts and it is best to cooperate with them and help them do a sometimes frustrating job. They are hoping to catch a poacher and may assume you could be one. Give them a break and show them you are one of the majority of good honest hunters. You treat them right and they will likely treat you right. Be a stubborn, negative, hostile and you will be treated as such.

Robin in Rocky
 
Duffy said:
The way I understand it (at least here in Alberta) a CO (Wildlife enforcment officer)can search all but your dwelling place without a warent. IF THEY HAVE PROBABLE CAUSE.
So if they stop your truck and see: a gun, a red hunting type jacket, a box of ammo on the dash, anything that one could resonably associate with hunting (or fishing), then they can search.

If they do not see anything then they can ask you, " Hi, how are you doing today sir, have you been hunting?" If you say "Yes I'm deer hunting." then he knows you are hunting even though he may not see anything that suggests that, and can search.

If you say "no, I am just out for a drive to look at the wildlife and the area" Then he has no reasonable grounds for a search. If he does a search without resonable grounds, anything found will probably not be allowed in court. (but if he all of a suddenly sees blood or a duck feather, he can now search and if you were lieing to a peace officer, that is an offence in itself)

Most COs are good sorts and it is best to cooperate with them and help them do a sometimes frustrating job. They are hoping to catch a poacher and may assume you could be one. Give them a break and show them you are one of the majority of good honest hunters. You treat them right and they will likely treat you right. Be a stubborn, negative, hostile and you will be treated as such.

Robin in Rocky
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Even if you are in an area that is open to hunting, you are subject to probable cause.
 
hornhunter, did you ask him to comeback during seeding/harvest and ticket the tractors/combines etc?
roads adjoining farmland are valid routes of travel for farm vehicles doing their business(or were when i have helped out..)
 
right to search

Enforcement officers of any sort DO NOT have the right to search your vehicle without your permission or a warrant, unless they have "probable cause". Probable cause (PC) is what keeps our legal system busy and allows many law breakers free. Your presence in a hunting area is not in itself PC for a search of your vehicle. A fleck of blood on your tailgate is, and an officer can glance in the windows of your canopy but not cup his hands so he can see inside, that is a search. Usually they will ask questions to see if your answers will create PC for a search. Remember that lying to an officer is an offence and will also provide grounds for a search.

You can always refuse permission for a search of your vehicle, then if they go ahead anyway you have the makings of a complaint. If you give permission for a search, well then you said they could, and they do not need to establish probable cause.

So the moral of the story is: don't shoot yourself in the foot with your mouth.

(I have taken a couple of law classes on this exact topic)

Stay out of trouble.

Ian
 
I would suggest to everyone to contact their MP and ask for a copy of the "Canadian Charter of Rights and Freedoms". This fits neatly into your glovebox.
"Probable Cause" is nothing but a fishing expedition by Conservation Officers.
They are not above the law of the land.
CO's do not have the authority to search your home without a warrant. If you read the complete law it states they do have authority, except for para (***) subsection (%%%). Here is where it says "unless it is a dwelling"

Unless you go looking for the para's and subsections you may fall for their BS about having the "Authority to Seach".


Pudelpointer, you say
Probable cause (PC) is what keeps our legal system busy and allows many law breakers free.
I think it also needs to be said that Probable Cause has made for very many charges being laid and fines being levied over the grey areas of the game laws.
Here in Ontario some of the game laws are in direct violation of the Canadian Charter of Rights and Freedoms as far as search and seizure goes.
 
CO's are not the enemy, in fact i would like to see them more.

keep in mind that when dealing with the law, your answer should always be "no", anything else is a confession.
 
sterpaul said:
without those " asshats" what would become of the game ? In my opinion, there aren't enough "asshats"
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Declare all game and property to be private, and get rid of the need for tags, hunting licences, etc. Sell off all Crown land and provincial parks.

When landowners are able to charge hunters and anglers a fee for the game they bag on their property, they'll have a definite interest in ensuring that sustainable hunting practices occur. It eliminates subjecting hunters to the Gestapo and eliminates the costly bureaucracy of land administration, relieving the taxpayers.

But hey, maybe giving a monopoly to the government over certain kinds of property (game animals) is a good thing! Where's the hammer and sickle emoticon when you need it...
 
Just a question for those who mentioned it- what law makes it illegal to lie to a peace officer? If one refuses to answer a question, is it probable cause to search, or is the refusal to speak protected by the Charter?
 
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