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  1. #1
    Join Date
    Dec 2007
    Location
    Grand Bend, Ontario
    Posts
    1

    Default Pulled Over In A Random Ride Check And Searched

    I live in southwestern Ontario. Tonight me and a buddy were leaving a small town gathering when we passed a OPP coming at us in the other direction. He pulled us over out of town and asked us about drinking and what not. He then got us out of the vehicle and searched us as well as the vehicle while running our licenses. There was no reason for searching us as we were not drinkin or smelled like alchol but we were 2 teenagers driving around at 1 am. Does he have the right to search us even tho there is no precursing evidence?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Pulled Over In A Random Ride Check And Searched

    Just curious - you're asking this because he let you go, or because he found something in the car and you are facing charges? If it's the latter, you need to get a criminal defence lawyer and try to figure out if you can keep the contraband out of evidence. If it's the former, you may be right - the police officer may have just been suspicious about two teens driving around at that hour of night, and stopped you without probable cause - but if you didn't get a ticket most people will leave it at that.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Pulled Over In A Random Ride Check And Searched

    Mr K, is Grand Bend, Ontario in Canada?

    Are their laws that similar to ours?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Pulled Over In A Random Ride Check And Searched

    Last I checked, Ontario was in Canada. Unless you're aware of, say, a Grand Bend Avenue in Ontario, California.

    Canadian laws are similar to U.S. laws, as both derive from a common law tradition (with the respective Napoleonic anomalies of Québec and Louisiana.) Canada has protections against unlawful search and seizure, it has an exclusionary rule promulgated under the Charter of Rights and Freedoms, and has lawyers which can attempt to protect a defendant's rights in court. They call them "defence lawyers" instead of "defense lawyers" but... well, you can figure out the rest.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Pulled Over In A Random Ride Check And Searched

    it was more of a "did you catch the Canada thing?". You always have great info but sometimes those little things slip by without notice. Just was trying to point it out without questioning your info, especially since I have no idea as to what Canadians do.

    I figure it's too cold to be outside breaking any laws and they are all inside trying to keep warm except for the guys that are playing hockey.

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