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Go Back   REVscene Automotive Forum > Automotive Chat > Police Forum

Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 09-14-2009, 04:40 PM   #1
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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!
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Old 09-14-2009, 05:13 PM   #2
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lol...
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Old 09-14-2009, 06:41 PM   #3
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Yep, you called it right.
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Old 09-14-2009, 07:57 PM   #4
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lmao
thanks for the laugh. I really needed that.
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Old 09-15-2009, 12:08 AM   #5
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Quote:
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lol...
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Yep, you called it right.
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lmao
thanks for the laugh. I really needed that.


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.
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Old 09-15-2009, 06:32 AM   #6
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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.
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Old 09-15-2009, 07:35 AM   #7
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You don't need your Miranda read to you as you're not being arrested and interrogated.
Um, this IS Canada, right?
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Old 09-15-2009, 08:20 AM   #8
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Quote:
Originally Posted by stewie View Post
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!

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?
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Old 09-15-2009, 08:59 AM   #9
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Um, this IS Canada, right?


I meant to say the equivalent to the Miranda warning under the Charter of rights and freedoms.
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Old 09-15-2009, 11:43 AM   #10
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You can also plead the fifth in Canada. Then see how the officer reacts.
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Old 09-16-2009, 12:35 AM   #11
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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?
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.
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Old 09-22-2009, 10:14 AM   #12
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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!
A great big huge pile to boot.
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Old 09-22-2009, 10:18 AM   #13
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Does anyone else see them Circle Flies a'circlin'?
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Old 09-23-2009, 10:28 PM   #14
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You can also plead the fifth in Canada. Then see how the officer reacts.


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:

Quote:
"You are under arrest for _________ (charge), do you understand? You have the right to retain and instruct counsel without delay. We will provide you with a toll-free telephone lawyer referral service, if you do not have your own lawyer. Anything you say can be used in court as evidence. Do you understand? Would you like to speak to a lawyer?"
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