Hello I have a couple questions to ask and I live in Canada. :)
I was just wondering, is wearing a bandana probable cause for the police to A) Detain me B) Question me and C) pat me down/search?
If I seem suspicious to him, what can he do? What can he do if I have a backpack?
Assume this situation: Person riding bike at night with a bandana covering his face. Also, assume the curfew bylaw was not broken.
Also, I have one more question while we're at it. Can you overthrow the curfew bylaw with the right to assembly as part of your rights? And would a breach in the curfew bylaw be enough to warrant a search?
As far as I know, curfews by area are simply bylaws, but according to the Canadian Charter of Rights and Freedoms, I have the right to peaceful assembly. If an officer used curfew against me, can I challenge it with my RIGHT to assembly if I was simply riding my bike at around midnight/early AM hours?
Thank you in advance. :)
Bandanas and Probable Cause
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07-22-2010, 08:57 AMInterestingBandanas and Probable Cause
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07-22-2010, 12:43 PMKeyWestDanRe: Bandanas and Probable Cause
This is a US forum? Doesn't Canada has lawyers?
I doubt anyone here knows Canadian law to that detail of a level.
However, maybe someone will give you an answer.
Here in the US that is called a Terry Stop and the police need reasonable suspicion that you have committed a crime, are committing a crime or are about to committ a crime and they need to be able to articulate that.
Otherwise it is an illegal stop and any evidence found as the result of the stop would be found in an illegal search and excluded.
If there is some law that allows them to stop you in Canada, that is a different matter. I doubt you are in any position to mount a constitutional challange, and if you researched case law, chances are it has already been tried. -
07-23-2010, 06:23 PMMr. KnowitallRe: Bandanas and Probable Cause
If you want to ride around at night with a bandana over your face, you can't be particularly surprised if a police officer finds it suspicious. If that happened to you and you ended up being found to have contraband, stolen items, or were otherwise charged with a crime, you can discuss the details of your case with your criminal defence lawyer to assess your chances of disputing the stop. This is a U.S. forum, and Canadian laws are somewhat different from ours.
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07-23-2010, 08:21 PMInterestingRe: Bandanas and Probable Cause
I guess I'll try to find a Canadian forum...
You didn't even answer anything, oh well... -
07-23-2010, 08:41 PMDogmatiqueRe: Bandanas and Probable CauseQuote:
Quoting Interesting
Um...that would be because this forum is for US law.
Not Canadian law.
You DO understand that the two a very different, right? :confused: -
07-24-2010, 09:08 PMInterestingRe: Bandanas and Probable CauseNo VERY different at all. We may have a better way of life but we share common laws...Quote:
Quoting Dogmatique
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07-24-2010, 09:16 PMDogmatiqueRe: Bandanas and Probable CauseQuote:
Quoting Interesting
..and that's where you're wrong.
US and Canadian law are VERY different. Heck, the laws in the US vary from state to state!
That's why it would be irresponsible for those of us who are familiar with US law to advise others about Canadian law.
Understand?
(And the whole "way of life" thing? *clappity clappity clappity*. Well done) -
07-24-2010, 09:39 PMjkRe: Bandanas and Probable Causewe share common laws?Quote:
Quoting Interesting
I don't think I have ever seen a law in the US that ended with eh! so I'm guessing you just come and copy all or our laws. So, do you copy federal or state laws and if state, which state? -
07-25-2010, 07:12 PMfree9manRe: Bandanas and Probable CauseAs others stated, look for a Canadian legal forum or call a local attorney.Quote:
Quoting Interesting
I know in some US jurisdictions it is against the law to obscure/hide your face with something like say...a bandanna so it would be PC for a stop. -
07-30-2010, 11:35 AMInterestingRe: Bandanas and Probable Cause
Ok, thank you free9man :)