Quote:
Originally Posted by horsetrader
in the situation we are talking about Yes they do have more authority then the police. if you want to come into a conversation halfway though and change the thread why not just start your own.........  |
I read all the posts. My comments may not help support your position, but they are accurate.
Without consent from the OP, a warrantless search of the vehicle and the wife's purse would be on very shaky ground before the courts, just based on a phone call from a concerned citizen.
Most peole do not understand that you can just say no to an officer's request, and even when innocent of any wrongdoing, saying no can often be the right decision. Officers must learn to follow the law as well.
As has been posted.
FISHERIES (ALBERTA) ACT
Quote:
http://www.canlii.org/eliisa/highlig...00-c-f-16.html
Search
27(1) A fishery officer or fishery guardian may,
(a) on obtaining a warrant, or
(b) without a warrant if the officer or guardian believes on reasonable and probable grounds that it is not practical to obtain a warrant because the necessary delay may result in the loss of evidence,
search for fish and fishing equipment in any vehicle, aircraft, boat or other watercraft or railway car, or in any business premises, building, tent or structure unless it is used as a private dwelling, when, on reasonable grounds, the officer or guardian believes that fish or fishing equipment is contained there.
(2) A fishery officer or fishery guardian may require the operator or person in possession of a vehicle, aircraft, boat or other watercraft, railway car, animal, pack or container to produce all fish and fishing equipment in or on the vehicle, aircraft, boat or other watercraft, railway car, animal, pack or container for the purpose of inspection and to determine the number, species and size of the fish and to ascertain whether the fish are fit for human consumption, diseased or infested with parasites, if
(a) any fish or fishing equipment in or on the vehicle, aircraft, boat or other watercraft, railway car, animal, pack or container is in plain view of the officer or guardian, or
(b) the officer or guardian believes, on reasonable and probable grounds, that the vehicle, aircraft, boat or other watercraft, railway car, animal, pack or container contains or is carrying fish or fishing equipment.
(3) A fishery officer or fishery guardian may require the owner or occupant of any business premises, building, tent or other structure that is not used as a private dwelling to produce all fish and fishing equipment in the business premises, building, tent or structure for the purpose of inspection and to determine the number, species and size of the fish and to ascertain whether the fish are fit for human consumption, diseased or infested with parasites, if
(a) any fish or fishing equipment in the business premises, building, tent or other structure is in plain view of the officer or guardian, or
(b) the officer or guardian believes, on reasonable and probable grounds, that the business premises, building, tent or other structure contains fish or fishing equipment.
(4) When a fishery officer or fishery guardian requires a person to produce fish or fishing equipment for inspection under this section, that person shall forthwith produce all fish and fishing equipment in or on the vehicle, aircraft, boat or other watercraft, railway car, animal, pack, container, business premises, building, tent or other structure to the officer or guardian.
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Now you should read this to understand what "reasonable and probable grounds" means.
Canadian Charter of Rights Decisions Digest
SECTION 8
8. Everyone has the right to be secure against unreasonable search or seizure.
http://www.canlii.org/eliisa/highlig...igest/s-8.html
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