CO activity around Marlbourough forest lately

I was out on simcoe years back maybe 5 year's ago and had the co's search my entire car. I told them I had one whitefish they checked high and low the trunk and all. They can and will check.

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Originally Posted by yellow dog

Reasonable grounds would be the CO /OPP actually seeing the crime happen. Not a hunch , suspicion or a someone saying that they may have seen a crime take place would be considered reasonable. They would need to produce a search warrant.

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No.

Reasonable grounds are articulable reasons, based on objectively verifiable facts and taking into account exculpatory evidence, that would give a reasonable person grounds for a belief. For example, a strong smell of weed coming from a stopped car is reasonable grounds to believe weed is in the car, even if the officer can't see any and has not witnessed anyone put any into the car. The smell, and more specifically the strength of the smell, suggests that it is there. Slurred speech and clumsiness are reasonable grounds to believe a person is impaired, even if you did not see him drinking.

Also, a CO does not need to think you've broken the law to exercise his inspection powers. Read the section of the FWCA I quoted (FWCA 90). The officer needs only reasonable grounds to believe that a thing to which the FWCA applies is in the vehicle. He can then inspect that thing and enter the vehicle if necessary.

And finally, a CO doesn't need a warrant to search your car. He needs reasonable grounds to believe evidence of a specific offence is in the car, and exigent circumstances to justify a warrantless search (FWCA 91 (2)).

All this stuff is in the FWCA.

I understand what you have described and that's not what i am disputing. What I do have an issue is when an officer and this has happened when they do not have reasonable grounds , he/she uses power, authority( intimidation-manipulation) to check your vehicle. Big difference from what you have described. I have witnessed this happen to an individual many years ago by an officer with a huge ego.

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Originally Posted by yellow dog

I understand what you have described and that's not what i am disputing. What I do have an issue is when an officer and this has happened when they do not have reasonable grounds , he/she uses power, authority( intimidation-manipulation) to check your vehicle. Big difference from what you have described. I have witnessed this happen to an individual many years ago by an officer with a huge ego.

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They are not allowed to go on fishing trips and huge ego,s rapidly deflate when yur arse is in the witness box,your under oath and you have to justify what you have done.IMHO

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Originally Posted by yellow dog

I understand what you have described and that's not what i am disputing. What I do have an issue is when an officer and this has happened when they do not have reasonable grounds , he/she uses power, authority( intimidation-manipulation) to check your vehicle. Big difference from what you have described. I have witnessed this happen to an individual many years ago by an officer with a huge ego.

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CO's have to be able to do their job. Laws are never so restrictive that all they can do is sit there and watch traffic go by. One way to do that is to take a look inside a parked vehicle through a window. When the presence of fishing/hunting gear is seen,they have the authority to conduct an inspection. When on patrol and a vehicle being driven has (for example) a boat and trailer attached or hunting clothing clearly visible such as a blaze orange hat sitting on the dash in the vehicle (OK,maybe not so much anymore with high-vis PPE being required for employment activity unrelated to hunting,but,you get the drift) that's all the R&PG a CO needs to stop and speak with the driver. That's called "casual contact" and is quite legal. However,there must be a reason to inspect. Randomly stopping just any old vehicle on a whim without reasonable grounds is illegal. That would constitute a "fishing expedition" and in that case,you don't have to cooperate with any questioning. Does that help clear things up for you or just make matters more confusing?

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Originally Posted by trimmer21

CO's have to be able to do their job. Laws are never so restrictive that all they can do is sit there and watch traffic go by. One way to do that is to take a look inside a parked vehicle through a window. When the presence of fishing/hunting gear is seen,they have the authority to conduct an inspection. When on patrol and a vehicle being driven has (for example) a boat and trailer attached or hunting clothing clearly visible such as a blaze orange hat sitting on the dash in the vehicle (OK,maybe not so much anymore with high-vis PPE being required for employment activity unrelated to hunting,but,you get the drift) that's all the R&PG a CO needs to stop and speak with the driver. That's called "casual contact" and is quite legal. However,there must be a reason to inspect. Randomly stopping just any old vehicle on a whim without reasonable grounds is illegal. That would constitute a "fishing expedition" and in that case,you don't have to cooperate with any questioning. Does that help clear things up for you or just make matters more confusing?

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I applaud your support of the CO,s and their job.But it can become a slippery slope, how far should their power be stretched.

You buy a used pickup truck with a OFAH logo on the tailgate.You don,t want to remove it because it will peel the paint, so you leave it on.
Does this mean that during your ownership of the vehicle you should expect to be pulled over by a CO or Police officer?

If I am towing a boat and trailer attached means nothing except what it is.I might never have held a fishing rod in my hands in my lifetime.

I remember on here years ago the massive outcry from forum members when the OPP set up spot checks for hunters heading up to camp, to check for
registrations on their firearms, how quickly we forget.

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Originally Posted by Gilroy

They are not allowed to go on fishing trips and huge ego,s rapidly deflate when yur arse is in the witness box,your under oath and you have to justify what you have done.IMHO

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He gets payed to be there. We don't so even when we are right it costs the public to prove it. Some poor sap making an hourly wage has to go to court to "deflate" that ego, and losses at least one day of work plus the expense of gas, parking, and maybe even a lawyer.

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Originally Posted by greatwhite

What area? On Paden road there is a fella who constantly calls the MNR and Police to harass hunters.

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He should be charged with mischief. Or something.


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Quote:

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Originally Posted by trimmer21

CO's have to be able to do their job. Laws are never so restrictive that all they can do is sit there and watch traffic go by. One way to do that is to take a look inside a parked vehicle through a window. When the presence of fishing/hunting gear is seen,they have the authority to conduct an inspection. When on patrol and a vehicle being driven has (for example) a boat and trailer attached or hunting clothing clearly visible such as a blaze orange hat sitting on the dash in the vehicle (OK,maybe not so much anymore with high-vis PPE being required for employment activity unrelated to hunting,but,you get the drift) that's all the R&PG a CO needs to stop and speak with the driver. That's called "casual contact" and is quite legal. However,there must be a reason to inspect. Randomly stopping just any old vehicle on a whim without reasonable grounds is illegal. That would constitute a "fishing expedition" and in that case,you don't have to cooperate with any questioning. Does that help clear things up for you or just make matters more confusing?

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That's very clear and to the point I was trying to convey . Glad you described it as a fishing expedition .

Quote:

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Originally Posted by trimmer21

CO's have to be able to do their job. Laws are never so restrictive that all they can do is sit there and watch traffic go by. One way to do that is to take a look inside a parked vehicle through a window. When the presence of fishing/hunting gear is seen,they have the authority to conduct an inspection. When on patrol and a vehicle being driven has (for example) a boat and trailer attached or hunting clothing clearly visible such as a blaze orange hat sitting on the dash in the vehicle (OK,maybe not so much anymore with high-vis PPE being required for employment activity unrelated to hunting,but,you get the drift) that's all the R&PG a CO needs to stop and speak with the driver. That's called "casual contact" and is quite legal. However,there must be a reason to inspect. Randomly stopping just any old vehicle on a whim without reasonable grounds is illegal. That would constitute a "fishing expedition" and in that case,you don't have to cooperate with any questioning. Does that help clear things up for you or just make matters more confusing?

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Just so everyone is on the same page. If I was parked and out hunting. And a CO peeked in my locked truck and saw a camo hat. They do not have the right to break in and "inspect" it.

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