New Jersey Statutes 23:10-20. Searches and seizures; immunity from civil suit
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Terms Used In New Jersey Statutes 23:10-20
- Code: means the State Fish and Game Code. See New Jersey Statutes 23:1-1
- Conservation police officer: means any sworn, salaried member of the Bureau of Law Enforcement in the division holding the titles of Conservation Police Officer I, II, or III, and includes the titles of Supervising Conservation Police Officer and Chief of the Bureau of Law Enforcement. See New Jersey Statutes 23:1-1
- Council: means the Fish and Game Council in the Division of Fish and Wildlife in the Department of Environmental Protection. See New Jersey Statutes 23:1-1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fishing: means the possession of an instrument used to take fish in a condition that makes the instrument readily usable, while in a place or in proximity thereto where fish may be found. See New Jersey Statutes 23:1-1
- Hunting: means the possession of an instrument used to take wildlife in a condition that makes the instrument readily usable, while in a place or in proximity thereto where wildlife may be found. See New Jersey Statutes 23:1-1
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
23:10-20. A member of the Fish and Game Council and any conservation police officer may, without warrant search and examine any boat, conveyance, vehicle, fish box, fish basket, game bag, game coat, or other receptacle for game and fish, when he has reason to believe that a provision of this Title, or any law supplementary thereto, or the State Fish and Game Code has been violated, and shall seize and take possession of any firearms, bows and arrows, shells or cartridges, fishing rods and reels, fishing lines, knives, lights, slingshots, traps, spears, spear guns, or any other article or equipment that has been illegally used or any bird, animal or fish unlawfully caught, taken, killed, had in possession or under control, shipped or about to be shipped. A court, upon receiving proof of probable cause for believing in the concealment of a bird, animal or fish so unlawfully caught, taken, killed, had in possession or under control, shipped or about to be shipped, shall issue a search warrant and cause a search to be made in any place, and to that end, may, after demand and refusal, cause any building, inclosure, or car to be entered, and any apartment, chest, box, locker, crate, basket, or package to be broken open and its contents examined by a member of the Fish and Game Council or any conservation police officer. All firearms, bows and arrows, shells or cartridges, fishing rods and reels, fishing lines, knives, lights, slingshots, traps, spears, spear guns, or any other article or equipment that has been illegally used and seized by a member of the council or any conservation police officer shall be returned to the defendant when and if the case has been dismissed, if he has been found not guilty, or if he has been convicted and has paid the penalty and costs imposed, if any.
The member of the council or conservation police officer shall not be liable for damages by reason of any such search or the seizure of any nets or fishing, hunting or trapping apparatus in accordance herewith.
amended 1948, c.448, ss.88,122,123; 1972, c.184; 2019, c.407, s.14.