Quote:
Originally Posted by gatorhunter
There is no requirement for believing that an offense has been committed to allow a fisheries officer to inspect and/or search anything related to fishing activity, other than a dwelling/residence.
The requirements are reasonable grounds for belief that fishing activity was or had occurred. Obviously, fishing activity was occurring so that burden was met.
The officers could then search "anything" that could contain fish; including a purse or child's back pack. They could search that vehicle from one end to another too; again because the burden of reasonable grounds being met by witnessing fishing activity.
There are definitely "right" ways to conduct such compliance efforts to make sure that the incident ends in a positive experience for the innocent party.
Fish have been found under the hoods, under spare tires, interior compartments and under seats. My personal favourite is sauger fillets in a travel mug!
The various Provincial Fishery Acts and Regulations give fisheries officers the authority to enter into such things as fishing shelters as they are not residences or dwellings. More than one illegal boozer has found that out the hard way.
People who try to prevent officers from searching items and/or places where fish could be found can be arrested and/or charged with obstructing a fishery officer.
As for how the officers are alleged to have been driving, that's what they do to give subjects less time to destroy evidence.
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Where does your information come from?