being detained
 

was talking with some friends, and one of them (theres always that one person) who says "my sisters bf is a cop and he said..." well, he was trying to tell us that if a cop pulls you over, and issues you a ticket....lets say a speeding ticket. you admit to going 70 in a 50k zone and bla bla bla, he writes you your ticket yet you dispute it anyways.

my buddy tries to tell me that a cop told him that when your in court to dispute your case, if the cop did not read you your rights while he had you detained at the side of the road, its considerd being illegally detained and the ticket wouldnt count....

i for one called bullshit on it...but to shut him up, id like to find out from one of the cops on here about this.

thanks in advance!

lol...

Yep, you called it right.

lmao
thanks for the laugh. I really needed that.

:lol

Seriously. You don't need your Miranda read to you as you're not being arrested and interrogated. You've just been stopped and are having a consensual conversation. Every is deemed to "know the law" and being ignorant is not an excuse. Trying to be a road side lawyer here will result in a open and shut case.

In fact, you should tell your friend to speed like that when cops are around and then admit guilt and then go and dispute the ticket.

After all this is done, make sure you are around and make sure you send an invite to all of us RS so that we can go on the court date and see what JP says and how your friend reacts.

I love dealing with "I know my rights, I just took 2 grade 12 law classes" folks. That phrase always made me go into slow motion as I wanted to be 100% sure that I did not do something that you would KNOW was against your rights. I also made sure that every single violation noted was charged as I wanted the driver to be guaranteed to have their day in court to discuss every single law he had broken.

Um, this IS Canada, right?

I believe the police officer only has to read you your rights if he/she is arresting you. Being detained and being arrested are two completely different things. Being arrested means taking you into custody and that you can't leave. Being detained means keeping you for a short period of time if there are suspicions you had committed a crime. If the police suspects your friend of speeding, he is allowed to detain and ticket him. It makes it that much easier if your friend admitted to speeding. It's up to the court to decide whether or not to find your friend guilty.

Your friend might have a case to dispute if the police officer had detained your friend without just cause. However, the fact that the police officer believes your friend was speeding is enough for the police to pull you over (detain you).

I believe that how things work. Any police officer's here care to disagree?

:lol

I meant to say the equivalent to the Miranda warning under the Charter of rights and freedoms.

You can also plead the fifth in Canada. Then see how the officer reacts.

Upon arrest AND detention a police officer has to read the charter of rights and freedoms to the person arrested/detained. Although a traffic stop is a form of detention, the courts have determined that it is not mandatory for a police officer to read the charter of rights and freedoms for every traffic stop. If the investigation turns into anything more than a simple traffic violation, then it will be read.

A great big huge pile to boot.

Does anyone else see them Circle Flies a'circlin'?

http://3.bp.blogspot.com/_NliQl_vuj1...U/s320/Fif.jpg

But in all seriousness, OP's friend sounds like one of the kids in my class who "know" everything about how the law works and "can't get caught driving on an L", has there even been an instance where the Miranda was used in Canada?

Only one I pulled up from Wikipedia was the Canadian Version: