[pct-l] Proof of a Bear-Can

[randy_forsland at hotmail.com (Randy Forsland)]

After doing a little digging and talking with a Criminal Justice Professor, 
I found a couple of things out concerning search warrants and such. At least 
under California law.

A warrant may not be issued for a civil infraction. The court cannot issue a 
warrant if the violation is not a crime. And I believe violating the bear 
can rule is an infraction.

So, no judge can issue a search warrant to see if you have a bear can or 
not. It would have to be issued for some actual  crime. But if the Ranger 
had probable cause to believe that a crime has been committed, he/she would 
probably be able to conduct a warrantless search of you and your pack. No 
different than if you were on the street with a purse or bag. The officer 
would still have to show probable cause that you were involved in a 
crime..and not just an infraction...that is why they cannot legally search 
you for a traffic infraction..but if they see a weapon or smell 
marijuana..then they have probable cause for a vehicle search.

all of this discussion is very interesting..I'm currently taking criminal 
justice classes so it fits right in...
But bottom line is that I think the rules state that you need to store your 
food in a Bear Can or bear locker when you set up camp..It doesn't state 
that you have to have the bear can with you while you hike...i.e. sharing a 
can with another hiker..so I don't think that they have a leg to stand on in 
court unless they catch you at camp storing your food improperly.

I'm sure that the regulations will be revised in time to close all of the 
loopholes. I know that when you buy a fishing license, you have basically 
agreed to let game wardens search your ice chest to make sure that you 
haven't exceeded the regulated limits.Something like that will probably be 
included in wilderness permits in the future.

Redwood