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Offlinebarfightlard
tales of theinexpressible
Male

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Registered: 01/29/03
Posts: 8,670
Loc: Canoodia
Last seen: 7 years, 5 months
Whats the law for car searching in Canada
    #3039778 - 08/23/04 03:44 PM (12 years, 8 months ago)

Some people I know got busted last night and fined. A cop pulled up behind them, not sure if they smoked already or not. But he searched them and their car without permission and found a pipe. Whats the deal with that, doesn't he need a warrent or permission to search your person or car. Anybody know if they can fight the fine because he did all that without permission??..?

Found out they didn't even start smoking yet and the van didn't smell like pot at all. The cop told them somebody called in because they were parked on the street late at night.


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"What business is it of yours what I do, read, buy, see, say, think, who I fuck, what I take into my body - as long as I do not harm another human being on this planet?" - Bill Hicks


Edited by bellylard (08/23/04 03:52 PM)


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Offlinefranco_on
Chefie McGaggie

Registered: 07/15/04
Posts: 68
Loc: T dot, If you do not know...
Last seen: 9 years, 6 months
Re: Whats the law for car searching in Canada [Re: barfightlard]
    #3530320 - 12/22/04 03:49 AM (12 years, 5 months ago)

Eh dude, I am going to quote out of my hospitality law text book. Yes i realize i just said 'hospitality' but it does discuss the law, and the law is the law(and I am the law :P):
'Under the charter, the police must have reasonable and probable grounds to make an arrest...Provided they have reasonable and probable grounds for making the arrest, the police may search the detainee (includign body cavities). In order to search the residence...police must obtain a search warrent; some exceptions to this requirement are noted in the 'criminal code' and the 'Narcotic Control Act'.'

I am not sure of the exceptions granted. As well I am not sure if your car is considered an extension of one's house, I forget. There was a discusion in class about this way back when, it may have been if your car is full enclosed (windows and doors closed) it is considered private property and requires a warrent, if windows open or a door then it is subject to search WITH CAUSE. One could argue that since the car was randomly parked in an odd spot late at night and with pot smoking a common crime done in such a matter and possibly done in the same vacinity a lot it was reasonable. Then again I am not a lawyer, so take what i got to say with a grain of salt.

Have a safe journey through life


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OfflineAdamist
ℚṲℰϟ✞ЇѺℵ ℛ∃Åʟḯ†У
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Registered: 11/24/01
Posts: 10,211
Loc: Bloomington, IN
Last seen: 2 years, 2 months
Re: Whats the law for car searching in Canada [Re: barfightlard]
    #3530348 - 12/22/04 04:05 AM (12 years, 5 months ago)

I dunno about in Canada but in Florida police can arrest you for anything.

"The more numerous the laws, the more corrupt the state"

This applies very well to what America is shaping up to be.


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OfflinePhluck
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Registered: 04/11/99
Posts: 11,393
Loc: Canada
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Re: Whats the law for car searching in Canada [Re: barfightlard]
    #3530912 - 12/22/04 10:34 AM (12 years, 5 months ago)

Cops like to be pretty vague about permission.

"I'm going to search your car now, ok?"

and if you nod, that's permission.


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"I have no valid complaint against hustlers. No rational bitch. But the act of selling is repulsive to me. I harbor a secret urge to whack a salesman in the face, crack his teeth and put red bumps around his eyes." -Hunter S Thompson
http://phluck.is-after.us


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InvisibleJim
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Registered: 04/07/04
Posts: 20,898
Re: Whats the law for car searching in Canada [Re: Phluck]
    #3530950 - 12/22/04 10:44 AM (12 years, 5 months ago)

I don't know, but if you are going to write expletives on the side of your van, they need to be in both english and french.


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Use the Fucking Reply To Feature You Lazy Pieces of Shit!

afoaf said:
Jim, if you were in my city, I would let you fuck my wife.


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