[pct-l] Bear canisters (was stealth camping)

[sparks@levitator.org (Scott Parks)]

Folks,

If YOU make the call to go into an area where YOU know canisters are
required, bite the bullet. Take responsibility for YOUR actions. It was
YOUR decision. Save yourself the effort of creating all those windy
justifications.

:)

Scott


"Eric Lee (RAT)" wrote:

> Dave wrote:
> >
> Just tell him the damn thing is in your tent or backpack and if he wants
> to
> see it you're claiming Fifth Amendment rights (no self incrimination)
> and
> he'll just have to get a search warrant after convincing some judge of
> probable cause.
> >
>
> I think we've already talked about this once, but from a legal
> standpoint rangers don't need to search your pack or tent in order to
> enforce the bear canister regulations.  All they need to do is demand
> that you show them one, and if you don't, you get fined or escorted out
> of the park or whatever it is that they do.  What you actually have in
> your pack is irrelevant.  You simply have to present a bear canister on
> demand.  If you get punished, you're technically being punished for
> failure to present, not failure to possess.  To put it another way, it's
> your responsibility to prove a positive, not the ranger's responsibility
> to prove a negative.
>
> All this is subject to the usual disclaimers that I'm not a lawyer,
> etc., etc., and it's quite possible I don't know what the heck I'm
> talking about, but I believe this is the way it works.  Anyone inclined
> to civil disobedience should understand how the system really works so
> they can disobey in the most appropriate manner.  :-)
>
> Eric
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