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Under what circumstances can a Border Services Officer search a person according to Section 98?

  1. If the person is traveling internationally

  2. If the officer has reasonable grounds to suspect they possess prohibited items

  3. Only if the person is a foreign national

  4. Only on flights arriving from specific countries

The correct answer is: If the officer has reasonable grounds to suspect they possess prohibited items

A Border Services Officer can search a person under Section 98 when they have reasonable grounds to suspect that the individual possesses prohibited items. This standard is crucial because it ensures that searches are conducted based on specific, articulable facts rather than arbitrary or discriminatory reasons. The reasonable grounds must relate to the officer's assessment of a situation or evidence suggesting that the person may be carrying items that are not allowed into Canada, such as illegal drugs, weapons, or goods that violate import laws. This provision empowers officers to effectively prevent and address border security concerns while balancing the need for individual rights. For example, if an officer observes suspicious behavior or receives information indicating that a traveler may be hiding prohibited items, they are justified in conducting a search based on these reasonable grounds. The other options do not accurately capture the rationale for conducting a search under Section 98. Merely traveling internationally does not automatically warrant a search; the same applies to the status of the individual as a foreign national or the flight's country of origin. Each of these situations lacks the necessary component of reasonable suspicion that justifies a search under the law.