| View previous topic :: View next topic |
| Author |
Message |
boosted
Joined: 04 Jun 2009
Posts: 378
|
 Posted: Tue May 24, 2011 8:08 am Post subject: Cops harrasing boaters and there not even on the water yet! |
 |
|
The cops have been stopping boaters leaving Maggoos and Bezanson bridge just because they are boaters. At Magoos they are on quads not wearing helmets and generally just beeing a pain in the butt. They have been going through the vehicles and there boats just looking for anything. They finally ended up giving my budy a warning for no license plate light. This is what we have to deal with now? If I see a cop in need he is going to get nothing from me I can tell you that.
_________________
Mark
Lets go back I think we missed one rock! |
|
| Back to top |
|
 |
towman
Joined: 05 Aug 2009
Posts: 54
Location: Grande Prairie
|
| Posted: Tue May 24, 2011 10:28 am Post subject: |
|
|
| I have been hearing stories along the same line. One fella got pulled over because the license plate was mounted sideways on the boat fender and from that it became a search of tow vehicle and boat!!! Hopefully this doesn't continue but seems like things are gettin off on the wrong foot. |
|
| Back to top |
|
|
shallow draft
Joined: 15 Jun 2005
Posts: 134
Location: Rocky Mountain House
|
| Posted: Tue May 24, 2011 10:39 am Post subject: |
|
|
Never agree to search.
Do not stop them but do not give permission.
They cannot search without probable cause.
A sidways lisence plate is not probable cause to search a vehicle.
_________________
You are not lost if you Don't care where you are |
|
| Back to top |
|
|
towman
Joined: 05 Aug 2009
Posts: 54
Location: Grande Prairie
|
| Posted: Tue May 24, 2011 10:47 am Post subject: |
|
|
| Thats an issue that keeps coming up. What are a persons rights and obligations in these situations. I'm not looking to try to get away with anything but why get into a situation that can be easily avoided. |
|
| Back to top |
|
|
Rapidchaser
Joined: 26 Feb 2006
Posts: 198
Location: Edmonton
|
| Posted: Tue May 24, 2011 11:43 am Post subject: |
|
|
Well people there is a reason for everything.
At the risk of digging up old bones, some one is bad mouthing river boaters.
jmho. 
_________________
FORD=Power for the thrills of life!
Keep the wet side down! |
|
| Back to top |
|
|
ntjetboater
Joined: 15 Jun 2005
Posts: 401
Location: Land of many rivers
|
| Posted: Tue May 24, 2011 12:08 pm Post subject: |
|
|
technically speaking they DO NOT have the right to search your vehicle unless they:
1. smell U know what
2. see open liquor inside(empties in box of truck or boat is BAD) and could be grounds for search
3. Beak off to them...
How many criminals have we read about that had charges dropped because of an illegal search and seizure...
Ok well after some reading...
http://truth11.com/2009/03/04/illegal-search-and-illegal-seizure/
smell is not enough lol
They may be able to do bit of a vehicle inspection, but can not search bags, coolers etc without reasonable evidence. Good luck trying to stop them. Last year I was boarded on the lake without permission...just jumped into my boat from his.
_________________
If you ain't hittin bottom you ain't jetboatin! |
|
| Back to top |
|
|
towman
Joined: 05 Aug 2009
Posts: 54
Location: Grande Prairie
|
| Posted: Tue May 24, 2011 1:31 pm Post subject: |
|
|
| I am all for these guys doing their jobs but I am not sure what problems they are trying to prevent by scrutinizing license plate position and lighting. We have all seen issues on the river that definitely need policing, I just hope as much effort goes in that direction as it does toward license plates. |
|
| Back to top |
|
|
boosted
Joined: 04 Jun 2009
Posts: 378
|
| Posted: Tue May 24, 2011 1:54 pm Post subject: |
|
|
They are getting the word out to all the boaters that we are being watched.
Funny when they were invited to the River Rats meeting so that they could let use know what they expect of us they couldn't seem to muster up anyone to show up there.
Can you tazer a cop if you feel threatened by him. LOL 
_________________
Mark
Lets go back I think we missed one rock! |
|
| Back to top |
|
|
RPM
Joined: 17 Dec 2006
Posts: 189
Location: Nechako
|
| Posted: Tue May 24, 2011 2:19 pm Post subject: |
|
|
| towman wrote: | | I am all for these guys doing their jobs but I am not sure what problems they are trying to prevent by scrutinizing license plate position and lighting. We have all seen issues on the river that definitely need policing, I just hope as much effort goes in that direction as it does toward license plates. |
right-on towman , been guilty of stupid shit on the water myself , especially when i was younger lol . don't know why SOME cops gotta be pricks to the people that aren't causing any problems .
_________________
Rick's Precision Machine
Prince George B.C.
Machining - Welding - Repairs |
|
| Back to top |
|
|
sharky
Joined: 17 Mar 2010
Posts: 39
Location: Grande Prairie
|
| Posted: Tue May 24, 2011 9:45 pm Post subject: |
|
|
Well, license plate is now rubber mounted (might even last the season) under the tail light...... So I wonder what I get to talk about next time I cross the bridge?.........maybe the weeds and sticks hanging out of the stomp grate as potential litering?
_________________
What was that noise? Glad wife didn't see the bill!! |
|
| Back to top |
|
|
RED ROOSTER
Joined: 04 Aug 2010
Posts: 86
|
| Posted: Tue May 24, 2011 11:13 pm Post subject: rights |
|
|
You've struck a nerve here. It does not matter what your rights are in canada anymore.
If you refuse a search they can and will arrest you for "investigative detention" While you are in the back of the car, they will search your vehicle. After 40 minutes or so they will come get you and give you some lame warning or ticket.
IF they do find something, you will be better off in court having refused the search.
I know this from experience as I ALWAYS refuse to consent to a search.
If everyone stuck together on this they wouldn't have the time to harass all of us and abuse our rights, unfortunatly that's not the case ! |
|
| Back to top |
|
|
Xerophobic
Joined: 23 Jun 2005
Posts: 970
Location: Calgary Alberta, Canada
|
| Posted: Tue May 24, 2011 11:37 pm Post subject: |
|
|
Haha talk about striking a nerve eh Shallow !
Anyone who wants to know their rights in this regard should read some caselaw, R vs Collins would be a good start, a landmark case on the topic.
http://www.canlii.org/en/ca/scc/doc/1987/1987canlii84/1987canlii84.html
A warrentless search is extremely hard to justify without "probably grounds" Its usually justified using some form of sense of urgency, i.e. drug cases but generally the Canadian courts have said an officer should be confident a search without obtaining a warrant would be granted by a judge IF they had time to get a warrant. You think any judge is gonna issue a warrant to search your car or boat cause your licence plate is sideways? Yea me either.....
As has been said ALWAYS refuse consent to a search but NEVER resist one. The only thing officers generally have been given authorization to do is a patdown for "officer safety" reasons which cannot be extended to a vehicle especially if you are no longer in it(or never were). Its probably not the best idea but "lipping off" to an officer doesnt give him the rights to do anything except maybe not like you very much lol
Theres a case from Calgary involving a hooker and a drug dealer and unlawful search which also set some precident and was actually a pretty interesting read. Ill try to find the link.....
http://www.canlii.org/eliisa/highlight.do?text=unlawful+search+film+canister&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/ab/abpc/doc/2003/2003abpc46/2003abpc46.html
Love the way the defense lawer cuts the cop to pieces on the stand LOL And how the judge said they hadnt admitted any evidence to suggest the girl actually WAS a hooker lol
Anyway www.canlii.org is where you can find caselaw on about anything, the higher the court the stronger the precident!
Oh and yes I have done some reading haha
_________________
T-53 , why go up and down when you wanna go round and round???? |
|
| Back to top |
|
|
Arthur
Outlaw Eagle Admin
Joined: 28 Oct 2006
Posts: 1654
Location: On the rocks
|
| Posted: Wed May 25, 2011 5:52 am Post subject: |
|
|
I'm confused Xero.....were you the hooker or the dealer?  |
|
| Back to top |
|
|
boosted
Joined: 04 Jun 2009
Posts: 378
|
| Posted: Wed May 25, 2011 9:05 am Post subject: |
|
|
Now maybe if the RCMP read that court case they might be a little less eager to just pull us over because we are towing a boat. Thanks Xero
_________________
Mark
Lets go back I think we missed one rock! |
|
| Back to top |
|
|
Xerophobic
Joined: 23 Jun 2005
Posts: 970
Location: Calgary Alberta, Canada
|
| Posted: Wed May 25, 2011 4:00 pm Post subject: |
|
|
| boosted wrote: | | Now maybe if the RCMP read that court case they might be a little less eager to just pull us over because we are towing a boat. Thanks Xero |
Only problem is that no matter how strong a caselaw there is out there it means absolutly nothing till you actually launch a charter motion challenge in court. No one else is gonna do it for you(cept your lawyer) A judge "should" raise the issue on your behalf if you are self represented but I wouldnt bank on it. Even worse if you're in lower "traffic" court because its likely not to be a judge at all, only a justice of the peace and they are not trained lawyers(or at least dont have to be) nor do they want to invest that kinda time in a XX dollar "traffic" ticket. This all translates into cops becoming lazy and flaunting the system cause they never get called on it.
I have never seen a challenge to it but i suspect random checks on the water for the purposes of "safety" may be tough for the crown to justofy. As in when road side stop checks came into place there was considerable legal debate on if that constituted an arbitrary detention etc That was eventually ruled on by the supreme court I belive after an extensive judgement which went into a great deal of detail about the carnage on the roads and the publics interest in reducing that carnage due to drunk drivers. Only then was it deemed to be "reasonable". I'd suspect a lengthy motion would have to be argued to stop the police's habit of randomly stopping boats to check for lifejackets etc I belive the courts still frown on that sort of completely random stop to check vehicles for "safety" etc as that premise is easily abused by the police i.e. only stopping x demographic. One of the reasons stop checks are supposed to be "all cars or none" . If they EVER even try to impliment completely "random breathalizer" checks like i hear they wanted to you watch for how fast that goes to the supreme court lol
Its really a shame more people dont understand our rights better, society would be alot better off and fewer people would abuse them. Having great hockey teams is something but to truely apreciate what it means to be Canadian is to know and respect our Charter of Rights, when its adhered to we really do live in a great country.
_________________
T-53 , why go up and down when you wanna go round and round???? |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
