California Fish and Game Code

§ 857

FGC § 857 Effective Jan 1, 2016Div. 2 · Ch. 2 · Art. 1

Statute text

(a)Notwithstanding any other provision of law, the status of a person as an employee, agent, or licensee of the department does not confer upon that person a special right or privilege to knowingly enter private land without the consent of the owner, a search warrant, or an inspection warrant.

(b)Subdivision (a) does not apply to employees, agents, or licensees of the department in the event of an emergency. For purposes of this section, “emergency” means a sudden, unexpected occurrence, involving a clear and imminent danger demanding immediate action to prevent or mitigate loss of, or damage to, wildlife, wildlife resources, or wildlife habitat.

(c)Subdivision (a) does not apply to a sworn peace officer authorized pursuant to subdivision (e) of Section 830.2 of the Penal Code or, if necessary for law enforcement purposes, to other departmental personnel accompanying a sworn peace officer. Subdivision (a) shall not be construed to define or alter any authority conferred on those peace officers by any other law or court decision.

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Legislative history

Amended by Stats. 2015, Ch. 154, Sec. 27. (AB 1527) Effective January 1, 2016.