Canadian Border Security (CBSA) Practice Exam

What must an officer have to search someone under Section 98?

1. A valid search warrant

2. Reasonable grounds for suspicion

3. Identification from a customs official

4. A checklist of prohibited items

The correct answer is: Reasonable grounds for suspicion

Under Section 98 of the Customs Act, an officer is empowered to search a person if there are reasonable grounds to suspect that the person is carrying prohibited or restricted goods. The requirement for "reasonable grounds for suspicion" emphasizes the need for a basis of belief that the individual may possess items that contravene customs regulations. This standard ensures that searches are not arbitrary and that the rights of individuals are respected while also allowing officers to perform their duties effectively. Having reasonable grounds means that the officer has specific facts or circumstances that lead them to believe a search is warranted. This protects the integrity of the search power and aligns with legal principles governing searches, ensuring that they are conducted lawfully. In contrast, a valid search warrant is not required under this section for customs officers to initiate a search as their authority derives directly from the Customs Act. Identification from a customs official or having a checklist of prohibited items does not fulfill the legal requirement to search; they serve more as operational tools than as justifications for initiating a search. Thus, the emphasis is on reasonable suspicion, which is a crucial element in the balance between enforcement duties and individual rights within customs operations.