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-   -   Wildlife Officers Powers (http://www.outdoorsmenforum.ca/showthread.php?t=371817)

Joe Black 11-04-2019 01:38 PM

Wildlife Officers Powers
 
So on a three hour drive back from a hunt, the conversation turned to what rights a FW/CO have in regards to searching a vehicle. He was adamant they had carte blanch authority. after some googlin quite a bit of info was found, mostly armchair lawyers opinions.

then i found this one, from a real lawyer, with a real case. its an interesting read. one thing that i believe he(the lawyer) is a bit confused on is the violation his client received in regards to improperly maintaining evidence of sex and species of an animal in transport. the case really focused on the search, not the original infraction which it appears the accused was guilty of.

regardless, info on roadside searches and charter rights, and when officers can/cannot search your vehicle. take it as you want. my opinion is that FW/CO perform illegal searches to often, and they shoudl be informed of that if they want to search a vehicle. just my opinion.

https://www.advocatedaily.com/greg-d...zure-dunn.html

PS, i didn't get stopped or had my vehicle searched, just sayin.

as there are a lot of opinions on the interweb, it good to know exactly, in the eyes of the courts, what a legal search is

i think i'll print this article out and keep it in my glovebox,,,,, just because.

WhiteTailAB 11-04-2019 02:05 PM

I once got a warning from a wildlife officer because I didn't have a license on me. Funny thing was was that I was driving to the farm, which is where I hunt, which is where my license was. I don't hunt from the truck on the road so..... I figured he was giving a warning to assert his authority and justify his stop check on the corner of the RR and TWP.

Dick284 11-04-2019 02:14 PM

Part 6 of the Wildlife Act pretty much sums this up.

Joe Black 11-04-2019 02:46 PM

and charter rights trump all provincial laws

walking buffalo 11-04-2019 02:47 PM

Quote:

Originally Posted by Dick284 (Post 4050378)
Part 6 of the Wildlife Act pretty much sums this up.

Which now appears to be unforcible.

Sportsman 11-04-2019 03:07 PM

Fish and Wildlife
 
My advice to anyone pulled over by them is to immediately begin videotaping them and recording the conversation. You should even let them know you are recording the conversation. Everyone should read up and understand their charter rights and not let F&G walk all over them. They will twist questions and words to gain authority to search etc, they are trained to do this. Cooperate but say as little as possible, if they push the envelope which most of them do simply ask them if you are being investigated for something. If they say no, tell them you will be leaving and have a nice day.

Of course if you are hunting, show them your licenses etc and the properly tagged animal. You do not need to disclose where the animal was taken nor take an officer back to a gut pile. This has never happened to me but I do know a few guys that were asked to do this. Bottom line is their mandate in Alberta is all about enforcement and spend very little time on conservation like they should be. It’s actually quite sad how poorly run this group is compared to other jurisdictions in Canada and the USA.

WinefredCommander 11-04-2019 03:34 PM

Quote:

Originally Posted by Sportsman (Post 4050402)
My advice to anyone pulled over by them is to immediately begin videotaping them and recording the conversation. You should even let them know you are recording the conversation. Everyone should read up and understand their charter rights and not let F&G walk all over them. They will twist questions and words to gain authority to search etc, they are trained to do this. Cooperate but say as little as possible, if they push the envelope which most of them do simply ask them if you are being investigated for something. If they say no, tell them you will be leaving and have a nice day.

Of course if you are hunting, show them your licenses etc and the properly tagged animal. You do not need to disclose where the animal was taken nor take an officer back to a gut pile. This has never happened to me but I do know a few guys that were asked to do this. Bottom line is their mandate in Alberta is all about enforcement and spend very little time on conservation like they should be. It’s actually quite sad how poorly run this group is compared to other jurisdictions in Canada and the USA.


Horrendous advice.. This is what idiots in the US do. You must be an American.

WhiteTailAB 11-04-2019 04:03 PM

Quote:

Originally Posted by WinefredCommander (Post 4050415)
Horrendous advice.. This is what idiots in the US do. You must be an American.

Nothing illegal about filming someone, why is this "horrible advice"?

You don't even need to tell the officer you're recording.

Grizzly Adams 11-04-2019 04:08 PM

Quote:

Originally Posted by Sportsman (Post 4050402)
My advice to anyone pulled over by them is to immediately begin videotaping them and recording the conversation. You should even let them know you are recording the conversation. Everyone should read up and understand their charter rights and not let F&G walk all over them. They will twist questions and words to gain authority to search etc, they are trained to do this. Cooperate but say as little as possible, if they push the envelope which most of them do simply ask them if you are being investigated for something. If they say no, tell them you will be leaving and have a nice day.

Of course if you are hunting, show them your licenses etc and the properly tagged animal. You do not need to disclose where the animal was taken nor take an officer back to a gut pile. This has never happened to me but I do know a few guys that were asked to do this. Bottom line is their mandate in Alberta is all about enforcement and spend very little time on conservation like they should be. It’s actually quite sad how poorly run this group is compared to other jurisdictions in Canada and the USA.

Sad that we have to be in an adversarial relationship, when we should be on the same side. but you gotta do what you gotta do. Thinking right now of the F&W officer who had the misfortune of abusing his now boss. :lol: He got called out in court for that.

Grizz

Hunter4ever12 11-04-2019 04:12 PM

Quote:

Originally Posted by WinefredCommander (Post 4050415)
Horrendous advice.. This is what idiots in the US do. You must be an American.

I wouldn’t say it’s American at all,I’d say it’s more of this day and age thing to do. Kind of like when someone’s in trouble people would help,now they just pull there phones out and start videoing.

Big Sky 11-04-2019 04:13 PM

This is great news. I hope it leads to changes in how F&W interacts with the public.

It's legal to carry a firearm on crown land without a licence.
There are species that can be hunted without licence.

There's no need to treat law abiding citizens like criminals.

Sportsman 11-04-2019 04:15 PM

F/W officers
 
Quote:

Originally Posted by Grizzly Adams (Post 4050431)
Sad that we have to be in an adversarial relationship, when we should be on the same side. but you gotta do what you gotta do. Thinking right now of the F&W officer who had the misfortune of abusing his now boss. :lol: He got called out in court for that.

Grizz

I agree with you but this is the reality here now. I don’t think it needs to be adversarial, know your rights and respect their powers, not recording is almost negligent these days.

Full Curl Earl 11-04-2019 07:32 PM

American?
 
You’ve probably never even met an American! What a lousy thing to say.
When Alberta Fish and Wildlife learn to be more appropriate to hunters, it likely will be returned. I was just stopped in Montana on a hunt by a wildlife officer, I expected the typical Alberta run down. Drove away embarrased by how Alberta F&W treat hunters. This Montana fellow was friendly, never asked to see my rifle or tag, took my word that I hadnt killed anything and that I had a tag. Was odd not being treated like a criminal!

QUOTE=WinefredCommander;4050415]Horrendous advice.. This is what idiots in the US do. You must be an American.[/QUOTE]

Sportsman 11-04-2019 07:53 PM

Alberta F&W
 
[QUOTE=Full Curl Earl;4050546]You’ve probably never even met an American! What a lousy thing to say.
When Alberta Fish and Wildlife learn to be more appropriate to hunters, it likely will be returned. I was just stopped in Montana on a hunt by a wildlife officer, I expected the typical Alberta run down. Drove away embarrased by how Alberta F&W treat hunters. This Montana fellow was friendly, never asked to see my rifle or tag, took my word that I hadnt killed anything and that I had a tag. Was odd not being treated like a criminal.

Exactly!! In Alberta they think taking an enclosed trailer full of terrible taxidermy and handing out report a poacher keychains at the boat show is somehow improving relationships with the outdoors community and helping with conservation efforts here. Embarrassing!

marky_mark 11-04-2019 08:39 PM

Am I the only one that doesn’t have problems with f&w?
They have a job to do. They are underfunded. And they are usually pulling people over who are armed.
They have been nothing but fantastic in my area
I have a couple of their phone numbers and I text them all the time when I see suspicious activity. I’m tired of having bullets rip past me when I’m in a tree stand or blind. Tired of finding poached moose and deer. Tired of the bs.

Joe Black 11-04-2019 08:48 PM

Thing is, law abiding citizens are also getting tired of the bs some LEO pull.

trapperdodge 11-04-2019 08:49 PM

I've hunted quite a bit in the US. I've been stopped in the field and road side. Been treated with coutesy and respect.
A market departure from some of the encounters I've had here, in SK and ON. I am polite and cooperate. There is no need for attitude.

fordtruckin 11-04-2019 09:04 PM

Quote:

Originally Posted by Sportsman (Post 4050402)
My advice to anyone pulled over by them is to immediately begin videotaping them and recording the conversation. You should even let them know you are recording the conversation. Everyone should read up and understand their charter rights and not let F&G walk all over them. They will twist questions and words to gain authority to search etc, they are trained to do this. Cooperate but say as little as possible, if they push the envelope which most of them do simply ask them if you are being investigated for something. If they say no, tell them you will be leaving and have a nice day.

Of course if you are hunting, show them your licenses etc and the properly tagged animal. You do not need to disclose where the animal was taken nor take an officer back to a gut pile. This has never happened to me but I do know a few guys that were asked to do this. Bottom line is their mandate in Alberta is all about enforcement and spend very little time on conservation like they should be. It’s actually quite sad how poorly run this group is compared to other jurisdictions in Canada and the USA.


You should preface that statement by location. See some places it is le you have to tell them where the animal was harvested and return tot he kill site IF requested. Your setting people up to fail there super chief!

Sportsman 11-04-2019 09:40 PM

Quote:

Originally Posted by fordtruckin (Post 4050612)
You should preface that statement by location. See some places it is le you have to tell them where the animal was harvested and return tot he kill site IF requested. Your setting people up to fail there super chief!

I will do my best to respond to that post although it was somewhat difficult to read. Where in Albertas regulations does it say you must disclose and return to the location of a legally killed and tagged animal? So you are saying they can detain you and make you go back to a killsite, doubtful. Also, what is a super chief? Sounds racist!

Sportsman 11-04-2019 09:46 PM

F&W Powers
 
The point is everyone should understand their rights and not let F&G officers overreach. Obviously some officers are good guys doing their job and most people want to cooperate.

wildwoods 11-04-2019 09:56 PM

I have NEVER run into a negative situation regarding F&W officers (here, sask and BC). EVER! Treat them with respect and they will return in kind. Heck I've even had some with tips on areas to hunt/fish. Nothing but respect for these underfunded LEO's. I'm sure there are bad apples but I have only seen nothing but top notch pros out there.

warriorboy10 11-04-2019 10:13 PM

i am a law abiding citizen and have had zero issue with the different branches of authority but it is frustrating when made to feel guilty whenever confronted. That shouldn’t be the case and definitely does no good for the position of authority!

LKILR 11-04-2019 11:20 PM

Quote:

Originally Posted by Joe Black (Post 4050600)
Thing is, law abiding citizens are also getting tired of the bs some LEO pull.

Law abiding citizens don’t normally complain when co-operating with authority. So if you’ve nothing to hide should not be a problem with a quick search.

marky_mark 11-05-2019 05:14 AM

Quote:

Originally Posted by Sportsman (Post 4050633)
I will do my best to respond to that post although it was somewhat difficult to read. Where in Albertas regulations does it say you must disclose and return to the location of a legally killed and tagged animal? So you are saying they can detain you and make you go back to a killsite, doubtful. Also, what is a super chief? Sounds racist!

Ummm I’m pretty sure the guy you are arguing with is f&w in Montana
So this is kinda proving that your not the brightest bulb in the box
And any problems you are having with f&w anywhere is a result of your attitude and actions

saskbooknut 11-05-2019 05:27 AM

Another guy here who has never had any problem interacting with Fish and Wildlife officers in Saskatchwan or BC. They have a job to do and I respect that.

Fish and Wiildlife management is chronically underfunded.

F & W are left doing people management because they rarely have the money to manage habitat and wildlife. That is they way we want it apparently, because there is no loud movement to put more money into habitat enhancement.
The great majority of hunters don't even belong to the organizations that support game species with their efforts and money.

58thecat 11-05-2019 05:34 AM

Wish they were like the game wardens down south...a little more law enforcement duties etc.

58thecat 11-05-2019 05:38 AM

Quote:

Originally Posted by Joe Black (Post 4050600)
Thing is, law abiding citizens are also getting tired of the bs some LEO pull.

Not this one.....sorry....engage...be polite....they got a job to do...then off ya go...get mouthy...well it's the start:snapoutofit:


Remember this to....have you ever gone to work a little grumpy then hammerhead set you off by not remaking the coffee etc....yup...we all are not perfect so carry on.....

Smoky buck 11-05-2019 06:01 AM

The only issue I have had with f&w is being held up trying to get to my hunting spot. Basic check my licence, tags, weapons, and if I have been successful and on my way. I would say most are good and just doing their job

Out of all the hunters I know I would say most of their experiences would be similar to mine. But I know of 3 incidents that F&W was out of line with hunters I know personally and trust so it is good to know the laws.

Odds of a hunter who is following the laws and being respectful having a problem with F&W is low in my opinion I would say 1% or less considering the experience of the circle of hunters I know

Full Curl Earl 11-05-2019 06:06 AM

Huh
 
Get mouthy? So you believe its the customers fault, the hunter?
I have been pulled up on, never had time to say a word, driving to our spot, and told, “ step out of the vehicle, dont touch those guns”. Thats not how you deal with people. That instigates a confrontation. I dont have a right to come to work and take my lousy life out on my co-workers, and LEO wearing sidearms certainty dont either. They are expected to be professionals, cool headed, its the job. A revamping of the college and recruitment process would go a long way in changing the poor attitudes towards the public we see with some LEO and F&W members in general.
But hey, you can “carry on” with giving away your rights if you wish.
Im no hater, but i no longer offer up anything more than i am required to legally.

Quote:

Originally Posted by 58thecat (Post 4050698)
Not this one.....sorry....engage...be polite....they got a job to do...then off ya go...get mouthy...well it's the start:snapoutofit:


Remember this to....have you ever gone to work a little grumpy then hammerhead set you off by not remaking the coffee etc....yup...we all are not perfect so carry on.....


marky_mark 11-05-2019 06:42 AM

Quote:

Originally Posted by Full Curl Earl (Post 4050708)
Get mouthy? So you believe its the customers fault, the hunter?
I have been pulled up on, never had time to say a word, driving to our spot, and told, “ step out of the vehicle, dont touch those guns”. Thats not how you deal with people. That instigates a confrontation. I dont have a right to come to work and take my lousy life out on my co-workers, and LEO wearing sidearms certainty dont either. They are expected to be professionals, cool headed, its the job. A revamping of the college and recruitment process would go a long way in changing the poor attitudes towards the public we see with some LEO and F&W members in general.
But hey, you can “carry on” with giving away your rights if you wish.
Im no hater, but i no longer offer up anything more than i am required to legally.

bad advice
Unless your a judge or a lawyer they know more about the law than you do


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