Legislation
SECTION 71-0525
Powers of designated departmental officers and employees and members of the state police
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 5
§ 71-0525. Powers of designated departmental officers and employees and
members of the state police.
1. All police officers, such employees as may be designated by the
commissioner, and all peace officers, when acting pursuant to their
special duties, shall enforce the provisions of this chapter listed in
section 71-0501 or under titles 5 through 15 inclusive and title 33 of
this article, or of judgments obtained for violation thereof, and shall
have, particularly, the following powers:
a. To execute all warrants and search warrants issued for violation of
articles 11 and 13 and titles 9 of this article and to serve subpoenas
issued for examination, investigation or trial of offenses against any
of its provisions;
b. To search without search warrant any boat or vehicle of any kind,
any box, locker, basket, creel, crate, game bag, package or any
container of any nature and the contents of any building other than a
dwelling whenever they have cause to believe that any provision of this
article or of any law for the protection of fish, shellfish, crustacea,
wildlife, game or protected insects has been or is being violated, and
to use such force as may be necessary for the purpose of examination and
search;
c. To search any dwelling and its contents, provided they have a
search warrant to do so;
d. To arrest without warrant any person committing in their presence a
misdemeanor under this chapter listed in section 71-0501 or under titles
5 through 15 inclusive and title 33 of this article and to take such
person immediately before a magistrate having jurisdiction for trial.
2. A peace officer, acting pursuant to his special duties or a police
officer shall have the same powers as environmental conservation
officers and state police under the fish and wildlife law, except the
power to search without a warrant.
members of the state police.
1. All police officers, such employees as may be designated by the
commissioner, and all peace officers, when acting pursuant to their
special duties, shall enforce the provisions of this chapter listed in
section 71-0501 or under titles 5 through 15 inclusive and title 33 of
this article, or of judgments obtained for violation thereof, and shall
have, particularly, the following powers:
a. To execute all warrants and search warrants issued for violation of
articles 11 and 13 and titles 9 of this article and to serve subpoenas
issued for examination, investigation or trial of offenses against any
of its provisions;
b. To search without search warrant any boat or vehicle of any kind,
any box, locker, basket, creel, crate, game bag, package or any
container of any nature and the contents of any building other than a
dwelling whenever they have cause to believe that any provision of this
article or of any law for the protection of fish, shellfish, crustacea,
wildlife, game or protected insects has been or is being violated, and
to use such force as may be necessary for the purpose of examination and
search;
c. To search any dwelling and its contents, provided they have a
search warrant to do so;
d. To arrest without warrant any person committing in their presence a
misdemeanor under this chapter listed in section 71-0501 or under titles
5 through 15 inclusive and title 33 of this article and to take such
person immediately before a magistrate having jurisdiction for trial.
2. A peace officer, acting pursuant to his special duties or a police
officer shall have the same powers as environmental conservation
officers and state police under the fish and wildlife law, except the
power to search without a warrant.