~~~Random Searches and your rights~~~

[Knigel]

So one day you are walking down the street(Canada or US) and a police officer stops you and starts giving you the run through, he starts asking you where you are heading, where you are going, why, ect. He then says that you smell like marijuana and asks if he may search you. You have another illicit substance on you and don't want to be searched. You show some resistance and he tells you just to give him what you have and he'll let you go or it can be discussed down at the police station. He then talks into his dispatch unit and mumbles something about a k-9 unit and back up. a minute latter another cop car pulls up. What do you do in this situation?

[bungoshlung]

i think if you ask him what he;s searching for and you say 'no, i dont have it' then they will need a warrant to search you afterward..

i think, not too sure

[MC Hammered]

A cop just stops you and gives you the run through eh?

LOL!

Riiiight.

[shorerider]

Quite simple:

http://laws.justice.gc.ca/en/charter/
read that first.

When the cop walks up to you, just say that according to the charter of rights, you can't be searched for walking down the street. Then, say that as far as you are concerned, this conversation is over and if you wish to pursue the issue, I will be filing a formal complaint. Can't hurt to throw in there that your mom is a lawyer, even if she is not. Don't swear or raise your voice, look straight in there eye. If you want to be a real ass, print off a copy and carry it with you. show it to them :D and carry a flashlight, shine it in their eyes at night, like they do to you.

Make sure that you memorize his/her name and refer to them as constable _______. As soon as you say formal complaint, watch them back off and their tone of voice change. then walk away.

This is assuming of course you are not carrying any drugs, weapons or anything else like that.

Or, you could just not carry any contraband at all and avoid the whole situation. But that would just be my common sense talking ;)

[Knigel]

MC Hammered yes it is right, happens alot more then you think.

Don't blow bubbles, they pop.

[MC Hammered]

Guess I benefit from dressing cleanly and blending into the masses then eh?

[sNyx]

Careful!! The police are veeeeery smart when it comes to such a situation. They know all the tricks. Watch for very strongly worded questions (which can come across as demands) that can make you VOLUNTARALLY give up your rights and be searched. No police officer can just randomly search you, even with a group. If a officer searched your before your arrested then you have voluntarily allowed them too.

Not to say this will apply to all police, some won't give two shits and search you no matter what!! They know there isn't much your going to pursue afterwards.

When talking to a cop, just try to relax. If you still get that feeling where your heart starts to race, take a few breaths. Talk to the officer as if he was just a parent asking you questions. Do not deny him a search, rather word yourself carefully in explaining how your uncomfortable with being searched. Plus don't try to rush off, just be breezy.

[Chi Chi]

A few years back, a cop pulled my friend over cause I was in the passangers seat with the seat reclined a little bit. It was night time, and I had been drinking. The driver was completely sober. There were two other in the back that had smoked a lil bit of pot. Doing nothing wrong, the cop ended up pulling us over stating that having you seat back ( it wasnt even all the way back, maybe half way) is illegal! My friend Jeff was on probation due to getting caught with ounces of marjuana on him when he was younger. When the cop was asking us questions, one of the questions were, are any of you oon probation, Jeff said yes, and stated why. The cop then said Ill give you guys one chance, emplty your pockets of all drugs and alchohal and pour it out or give it to me, or ill search you, and if I find anything, ill arrest you. Jeff had pot on him he gave it to the cop, I had an unopened and openned 26 in the car. I dumped it all out. Then after he still searched us without asking. I wish dealth upon his soula dn his familys soul jus for being such a fucken bastard.

[crackjoy]

i know in the US the cops can only search u if they feel threatened in any way. and even then they can only search you for weapons. if they search you and "feel" a pound of coke, they cant do jack shit. you dont have to empty your pockets. 'course, if they find a knife ur fucked.

if u want info about what the cops can or cant do, go to

www.erowid.org

problem is, they dont have info about canadian law enforcement.

[Knigel]

Originally posted by crackjoy
i know in the US the cops can only search u if they feel threatened in any way. and even then they can only search you for weapons. if they search you and "feel" a pound of coke, they cant do jack shit. you dont have to empty your pockets. 'course, if they find a knife ur fucked.

if u want info about what the cops can or cant do, go to

www.erowid.org

problem is, they dont have info about canadian law enforcement.

Actually if a police officer does a taddy pat looking for weapons and feels a something they will often ask you what it is and depending how quick you are they might use your answer as probably grounds to search you.

Remember even if he makes a "bad judgement call" you have to prove it in court which is often hard to do when your defending against a illicit substance charge.


I also wish Erowid was up to date with their legal info, but if something isn't done and you want it to be, DO IT! DO IT NOW!

[crackjoy]

ok, so if have an ounce of marijuana on your person, just say its ur lucky bag of dirt. then start singing something completely random (make sure you're not drunk) adn prance away. thats what i'd do.

question: if u know all this shit knigel, why the hell are u asking us? nobody likes being proven they're wrong, nor do they like looking the fool. they'd rather figure that out they were mistaken on their own, without anyone knowing. :smoke1:

[e_BoY]

all i have to say is cops fucking suck.

[Goat]

something about probable cause popped into my head.
if you're one of those people who looks like a sketchy fuck, you're fucked, start carrying things in baggies...in your ass.
for everyone else, stay calm, be polite, don't raise your voice.

knowledge of your rights and where a cop can or can't caress you is self empowerement.

now stop reading this and go touch someone.

[party_babe]

Something really important about dealing with cops is pretending that you have a lot of respect for their athority. I wish i had learnt that a couple years ago

[inkster]

i suspect that the tildes in the subject are probably cause for nigel being overly plurry.

[Knigel]

*Gives Inkster a nice big plurry Atropine hug*

[Knigel]

Originally posted by Shining Sal
i think theres an act regarding drugs and alcohol that lets the cops search you if they are even suspicious... if you smelled like bud that gives them reasonable suspicion i suppose.. i could be wrong but i am pretty sure they can legally search you..

and it is voluntary.. if you are detained (even questioning counts) then the cops have to either arrest you or let you go

From what I know now Smell is highly subjective, specifically to the human nose. I believe an officer of the law could stop you and question you leading to a search through questioning. He would pretty much have to prove that he knew you were the one actually had committed a crime and not just around others who were, so without actually seeing you sparking it then it would not be reasonable grounds. If what you said were true police would just say they smelled marijuana on citizens to make a lot more random busts. This also applies to a pedestrian, one has a lot less rights when in a motor vehicle. I've been trying to find out the law on police dogs and searches, still doing my research at the moment so not enough info. It seems that they can use a dogs sense of smell to at least detain you and question you, worse in the states.

[Knigel]

bump, any other ideas?

anything that would easily resolve this situation?

[neoh]

I fucking hate pigs.
But I always show them respect when they pull me over once a week for the stupidest shit.

I've lost my license for my stereo being too loud (3mo) and pulled over for a double lane change at 3am, given a breathalizer and blowing a 0.00001% (with an N) lost my license for 12 hours - then a month.

Fucking bleh. It sucks having a nice car. They always think your doing something wrong.

[miss.myra]

http://www.chrc-ccdp.ca/Legis&Poli/D...PolDrg.asp?l=e

[NeVeRLooKBacK]

Originally posted by sNyx™
Careful!! The police are veeeeery smart when it comes to such a situation. They know all the tricks. Watch for very strongly worded questions (which can come across as demands) that can make you VOLUNTARALLY give up your rights and be searched. No police officer can just randomly search you, even with a group. If a officer searched your before your arrested then you have voluntarily allowed them too.

Not to say this will apply to all police, some won't give two shits and search you no matter what!! They know there isn't much your going to pursue afterwards.

When talking to a cop, just try to relax. If you still get that feeling where your heart starts to race, take a few breaths. Talk to the officer as if he was just a parent asking you questions. Do not deny him a search, rather word yourself carefully in explaining how your uncomfortable with being searched. Plus don't try to rush off, just be breezy.

myles... sly like a fox

[cheebus420]

Originally posted by Knigel
bump, any other ideas?

anything that would easily resolve this situation?

yes, quite frankly the quickest thing to say "I do not have to answer any questions as is GUARANTEED to me by the canadian charter of rights of freedoms. If I am arrested I would like to know why, if not I'd like to leave."

there's no tricks around that statement, no cop can manipulate it. It's like they stated before ... THE COP WILL try and get YOU to GIVE UP your rights through questioning. You at no time have to agree to the questions or answer them.

for indebth help :

http://www.norml.org/index.cfm?Group_ID=3405

[Iokua]

Wow I never thought I'd have to rely on my law skills...

if an officer of the peace attempts to search you or your vehicle without due cause or given reason you have the right to say no. The officer DOES have a judgement call in terms of drinking and driving or drug possession, but if you are walking down the street behaving yourself they have no right to do anything more than a pat down. This is called unreasonable search and seizure and it will be your best friend in this kind of situation. Don't ever ask about it just inform them that what they are doing is a violation of your rights. Let them think on that for awhile. Unless you behave offensively or show the officer signs that you have been under the influence of illegal drugs or alcohol, or that you are disobeying the cities bylaws they have absolutely NO RIGHT to search you. Don't confuse that with no right to talk to you because that's not the case...

[Iokua]

that link above my post is probably one of the best sites around here to go if you're interested in this topic