N.Y. Environmental Conservation Law 71-0525 – Powers of designated departmental officers and employees and members of the state police
§ 71-0525. Powers of designated departmental officers and employees and
Terms Used In N.Y. Environmental Conservation Law 71-0525
- Arrest: Taking physical custody of a person by lawful authority.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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.