REVscene - Vancouver Automotive Forum


Welcome to the REVscene Automotive Forum forums.

Registration is Free!You are currently viewing our boards as a guest which gives you limited access to view most discussions and access our other features. By joining our free community you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is fast, simple and absolutely free so please, join our community today! The banners on the left side and below do not show for registered users!

If you have any problems with the registration process or your account login, please contact contact us.


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.

Reply
 
Thread Tools
Old 01-18-2010, 01:04 PM   #1
Banned (ABWS)
 
Join Date: Jan 2010
Location: Vancouver
Posts: 112
Thanked 4 Times in 3 Posts
If the cops pull you over is it true they cannot search your vehicle without your...

I had this discussion today over breakfast , my bf seems to think that the cops cannot search or look inside your car when you get pulled over. He thinks , if the cops ask you to step out of your vehicle, you can lock the car and say no to them looking in it.


Is this true?
Advertisement
Lissy is offline   Reply With Quote
Old 01-18-2010, 01:10 PM   #2
CRS
ninja edits your posts without your knowledge
 
CRS's Avatar
 
Join Date: Jan 2004
Location: Vancouver
Posts: 14,364
Thanked 5,489 Times in 1,480 Posts
Both yes and no.

If the officer has "reasonable grounds" for a search, he can do it without a warrant being issued. Otherwise, he cannot search you vehicle and try to "fish" for anything illegal. Your BF can lock his door all he wants but if the cop has reasonable grounds for a search, it is going to happen with or without his consent.
CRS is offline   Reply With Quote
Old 01-18-2010, 01:41 PM   #3
NEWBIE ACCOUNT!
 
Join Date: Jan 2010
Location: Rossland, BC
Posts: 14
Thanked 0 Times in 0 Posts
Quote:
Originally Posted by CRS View Post
Both yes and no.

If the officer has "reasonable grounds" for a search, he can do it without a warrant being issued. Otherwise, he cannot search you vehicle and try to "fish" for anything illegal. Your BF can lock his door all he wants but if the cop has reasonable grounds for a search, it is going to happen with or without his consent.
Exactly, which means that they basically can because they can make up some bullshit excuse as to their reasonable grounds, eg. locking the door when you get out!

If you have nothing to hide, who cares anyways, and if you do, well, you're a dumbass
kootenaydub is offline   Reply With Quote
Old 01-18-2010, 02:02 PM   #4
Even when im right, revscene.net is still right!
 
Gnomes's Avatar
 
Join Date: Dec 2008
Location: Richmond
Posts: 1,311
Thanked 609 Times in 187 Posts
Quote:
Originally Posted by kootenaydub View Post
Exactly, which means that they basically can because they can make up some bullshit excuse as to their reasonable grounds, eg. locking the door when you get out!

If you have nothing to hide, who cares anyways, and if you do, well, you're a dumbass
Yup. Might be faster and less confrontational to just let the officer have their way with searching. You can first say "I do not consent" and if the officer make up some excuse the let him/her have their way then file a complaint afterwards..... assuming you have nothing illegal inside
__________________
Quote:
Originally Posted by JSALES View Post
While driving yesterday I saw a banana peel in the road and instinctively swerved to avoid it...thanks Mario Kart.
Gnomes is offline   Reply With Quote
Old 01-18-2010, 02:09 PM   #5
Banned (ABWS)
 
Join Date: Jan 2010
Location: Vancouver
Posts: 112
Thanked 4 Times in 3 Posts
would be considered a reasonable ground? Aside from seeing a pack of cocaine in your pass seat lol.... but lets say there is nothing visible, random pull over for broken tail light, or slight speed does that give him the authority to search ur call
Lissy is offline   Reply With Quote
Old 01-18-2010, 02:09 PM   #6
Pull Out Towing. Women rescued for free.
 
SumAznGuy's Avatar
 
Join Date: Mar 2002
Location: Hongcouver
Posts: 7,486
Thanked 1,879 Times in 994 Posts
As a driver, you do have some rights to avoid these "fishing" expeditions. So for example, if you are pulled over for a burnt out tail light or for speeding, you do have the right to say no to them searching the car.

But if they smell marijuana or see opened cans of beer, then I believe that opens the door to them searching your car.
__________________
Originally posted by Iceman_19 you should have tried to touch his penis. that really throws them off.
Originally posted by The7even SumAznGuy > Billboa
Originally posted by 1990TSI SumAznGuy> Internet > tinytrix
(11-0-0) Buy/Sell rating
Christine
Shitvic
Pull Out Towing
SumAznGuy is offline   Reply With Quote
Old 01-18-2010, 05:34 PM   #7
RS Lurker, I don't post!
 
Join Date: Jan 2010
Location: matsqui
Posts: 2
Thanked 0 Times in 0 Posts
^ apparently not!

http://www.canada.com/saskatoonstarp...52dbd3&k=46950

Quote:
Originally Posted by SumAznGuy View Post
But if they smell marijuana .
spikerr is offline   Reply With Quote
Old 01-18-2010, 06:41 PM   #8
HELP ME PLS!!!
 
johny's Avatar
 
Join Date: Jan 2004
Location: here
Posts: 5,793
Thanked 146 Times in 67 Posts
this was a few days ago.... appeartly if the cops ask you to get out of the car, and you take your jacket off and run away. they aren't allowed to search the jacket... another scum bag back on the street. our judges need to get kicked in the balls a few times.


Quote:
A Vancouver man found guilty of carrying two loaded handguns has been acquitted after the B.C. Court of Appeal found that police had violated his rights.

In 2005, Christopher Jai Reddy was arrested and charged after police responded to a call that two suspicious men were sitting in a vehicle in the 2900-block Windsor Street and might be selling drugs.

Police ran a check on Reddy, then asked him to get out of the vehicle. He agreed, but removed his jacket first. He then fled.

Police found a Beretta .380 pistol in one pocket of the jacket and a Colt .45 pistol in the other. Both guns were loaded.

Reddy was arrested and at trial sought to have the evidence excluded.

But in a 2-1 ruling released Friday, the Court of Appeal found that Reddy was unlawfully detained and that there had been an unreasonable search. B.C. Court of Appeal Justice David Frankel ordered that Ready be acquitted and his decision was concurred by Justice Daphne Smith.

Justice John Hall dissented, citing the rise in gun crime, found that the evidence should not have been ruled inadmissible and dismissed the appeal.

Last edited by johny; 01-18-2010 at 06:52 PM.
johny is offline   Reply With Quote
Old 01-18-2010, 08:52 PM   #9
Even when im right, revscene.net is still right!
 
Mr.Jay's Avatar
 
Join Date: Oct 2009
Location: Vancity
Posts: 1,314
Thanked 566 Times in 174 Posts
yea the smell of weed isnt enough to search you

usually if i cop is tryin to get me to let him search my car I pull out my phone and start recording whats going on asking him why I'm being stopped, say that i dont consent to any search and ask for what reason he has to believe I am hiding something and then I sit there and stay quiet. I do believe that they can only detain you for so long before it become unlawful.

tho usually (in delta at least) the cops will try and pressure you into allowing the search and try and scary you into it by calling for backup or threatening you with strip searchs and K9 units
Mr.Jay is offline   Reply With Quote
Old 01-18-2010, 09:08 PM   #10
Pull Out Towing. Women rescued for free.
 
SumAznGuy's Avatar
 
Join Date: Mar 2002
Location: Hongcouver
Posts: 7,486
Thanked 1,879 Times in 994 Posts
Quote:
Originally Posted by johny View Post
this was a few days ago.... appeartly if the cops ask you to get out of the car, and you take your jacket off and run away. they aren't allowed to search the jacket... another scum bag back on the street. our judges need to get kicked in the balls a few times.
Quote:
Originally Posted by spikerr View Post
Keep in mind, these descisions were based solely on the judge's opinion, but since it was ruled that way, it opens a huge can of worms.

In the case of the running away, most people will see that running away is a sign of suspicious activity. Normally people will not run away, in which case *should* be enough grounds to allow the search of the suspects vehicle.

But then again, for whatever reason in that case, the judge decided otherwise.

As for the second case, you are correct, but so am I. Just because one court deemed the search illegal, it doesn't mean some officer will not try the same thing. All the officer has to say is the suspect acted suspiciously and that will be enough grounds for them to search the car.

The search may be deemed illegal, but that is up to a judge to decide.
__________________
Originally posted by Iceman_19 you should have tried to touch his penis. that really throws them off.
Originally posted by The7even SumAznGuy > Billboa
Originally posted by 1990TSI SumAznGuy> Internet > tinytrix
(11-0-0) Buy/Sell rating
Christine
Shitvic
Pull Out Towing
SumAznGuy is offline   Reply With Quote
Old 01-18-2010, 09:13 PM   #11
JDMEK9Mod | DogWhisperer
 
spoon.ek9's Avatar
 
Join Date: May 2007
Location: Richmond
Posts: 12,491
Thanked 4,035 Times in 1,198 Posts
Quote:
Originally Posted by Mr.Jay View Post
yea the smell of weed isnt enough to search you

usually if i cop is tryin to get me to let him search my car I pull out my phone and start recording whats going on asking him why I'm being stopped, say that i dont consent to any search and ask for what reason he has to believe I am hiding something and then I sit there and stay quiet. I do believe that they can only detain you for so long before it become unlawful.

tho usually (in delta at least) the cops will try and pressure you into allowing the search and try and scary you into it by calling for backup or threatening you with strip searchs and K9 units
i'm curious, what kind of reaction does this invoke? seems like something they would not appreciate at all. i've thought about this on occasion, but never heard of anyone actually going through with it.
__________________
1998 Honda Civic EK9 - GQ || 1990 Honda Civic Si ED7 - DD || 1990 Honda Civic ED6 - RIP
VCC Buy/Sell rating 60-0-0 || RS Buy/Sell rating 20-0-0 || HT Buy/Sell rating 1-0-0
IG: @spoon.ek9
Spoiler!
spoon.ek9 is offline   Reply With Quote
Old 01-18-2010, 09:24 PM   #12
Even when im right, revscene.net is still right!
 
Mr.Jay's Avatar
 
Join Date: Oct 2009
Location: Vancity
Posts: 1,314
Thanked 566 Times in 174 Posts
Quote:
Originally Posted by spoon.ek9 View Post
i'm curious, what kind of reaction does this invoke? seems like something they would not appreciate at all. i've thought about this on occasion, but never heard of anyone actually going through with it.
I have only done this 3 times

twice in delta and once in vancouver

the one time in vancouver the cop was pissed said this shit wasnt worth his time toss my wallet back at me and wrote me up a ticket which I disputed

both times in delat the cops tried to pressue me into talking trash and one of them tried to grab my phone. Both times they called in back up (like 4 cars) but in the end I got let go cause really they had nothing on me other than "ppl in the area were saying there were kids causing trouble" so if there is a lesson to learn from my past exp is if you plan to pull this dont have your window all the way down as you legally only need to be able to talk with them and pass them ur info, just having your window crack is more than enough to achive all this plus it stops them from leaning into your car.
__________________
Spoiler!
Mr.Jay is offline   Reply With Quote
Old 01-18-2010, 09:42 PM   #13
JDMEK9Mod | DogWhisperer
 
spoon.ek9's Avatar
 
Join Date: May 2007
Location: Richmond
Posts: 12,491
Thanked 4,035 Times in 1,198 Posts
interesting! i never thought about leaving only a crack open, i always have the window fully open
__________________
1998 Honda Civic EK9 - GQ || 1990 Honda Civic Si ED7 - DD || 1990 Honda Civic ED6 - RIP
VCC Buy/Sell rating 60-0-0 || RS Buy/Sell rating 20-0-0 || HT Buy/Sell rating 1-0-0
IG: @spoon.ek9
Spoiler!
spoon.ek9 is offline   Reply With Quote
Old 01-18-2010, 09:44 PM   #14
YOU CANT CUT BACK ON FUNDING! YOU WILL REGRET THIS
 
CP.AR's Avatar
 
Join Date: Feb 2009
Location: FL400
Posts: 5,833
Thanked 3,018 Times in 1,025 Posts
I believe that you have the right to record what is going on - and such recording can be used in court should anything go. That being said, should the officer try to take your phone and delete the recording, that should fit right in, in the destruction of evidence.
__________________
My Babies:
2004 Camry Special Special Edition (Van)
1997 Mazda Eunos 500 (Oz) (Sold... obviously)
CP.AR is offline   Reply With Quote
Old 01-18-2010, 10:21 PM   #15
Even when im right, revscene.net is still right!
 
Mr.Jay's Avatar
 
Join Date: Oct 2009
Location: Vancity
Posts: 1,314
Thanked 566 Times in 174 Posts
Quote:
Originally Posted by Captain Picard View Post
I believe that you have the right to record what is going on - and such recording can be used in court should anything go. That being said, should the officer try to take your phone and delete the recording, that should fit right in, in the destruction of evidence.

yea but trying to prove that is hard

cops word against your

which is why the whole leaving your window down only a crack works wonders
__________________
Spoiler!
Mr.Jay is offline   Reply With Quote
Old 01-18-2010, 10:28 PM   #16
Even when im right, revscene.net is still right!
 
Gnomes's Avatar
 
Join Date: Dec 2008
Location: Richmond
Posts: 1,311
Thanked 609 Times in 187 Posts
Some of these news article makes me weep. Stupid judges.
__________________
Quote:
Originally Posted by JSALES View Post
While driving yesterday I saw a banana peel in the road and instinctively swerved to avoid it...thanks Mario Kart.
Gnomes is offline   Reply With Quote
Old 01-18-2010, 10:36 PM   #17
Everyone wants a piece of R S...
 
eFx[A2C]'s Avatar
 
Join Date: Oct 2004
Location: Vancouver
Posts: 371
Thanked 53 Times in 25 Posts
Quote:
Originally Posted by Mr.Jay View Post
yea but trying to prove that is hard

cops word against your

which is why the whole leaving your window down only a crack works wonders
Common courtesy/sense does to.
Just saying.
eFx[A2C] is offline   Reply With Quote
Old 01-18-2010, 10:46 PM   #18
I want to be a person and not an icon.
 
Vale46Rossi's Avatar
 
Join Date: Jan 2010
Location: Mugello
Posts: 4,173
Thanked 5,283 Times in 892 Posts
Also, although they do not have a search warrant, but they can hold you and get a search warrant.
Vale46Rossi is offline   Reply With Quote
Old 01-18-2010, 10:57 PM   #19
CRS
ninja edits your posts without your knowledge
 
CRS's Avatar
 
Join Date: Jan 2004
Location: Vancouver
Posts: 14,364
Thanked 5,489 Times in 1,480 Posts
Quote:
Originally Posted by StevenDuang View Post
Also, although they do not have a search warrant, but they can hold you and get a search warrant.
Did you not read my post at all?
CRS is offline   Reply With Quote
Old 01-18-2010, 10:59 PM   #20
Even when im right, revscene.net is still right!
 
Mr.Jay's Avatar
 
Join Date: Oct 2009
Location: Vancity
Posts: 1,314
Thanked 566 Times in 174 Posts
Quote:
Originally Posted by eFx[A2C] View Post
Common courtesy/sense does to.
Just saying.
hahaha like I said Ive only done it a couple times

you make it sound like there is no such thing as a cop on a power trip

some cops do judge you base on your age and how they see you
__________________
Spoiler!
Mr.Jay is offline   Reply With Quote
Old 01-19-2010, 12:21 PM   #21
Retired Traffic Cop
 
skidmark's Avatar
 
Join Date: Oct 2001
Location: Nanoose Bay, BC
Posts: 9,023
Thanked 115 Times in 66 Posts
Quote:
Originally Posted by kootenaydub View Post
Exactly, which means that they basically can because they can make up some bullshit excuse as to their reasonable grounds, eg. locking the door when you get out!

If you have nothing to hide, who cares anyways, and if you do, well, you're a dumbass
Please tell me how this post was a useful contribution to the thread. For more information, check out the sticky for the forum rules.
__________________
Have you ever met anyone that would admit to being less than a better than average driver ??

Learn more at DriveSmartBC
skidmark is offline   Reply With Quote
This post thanked by:
Old 01-19-2010, 12:27 PM   #22
Official Texas Ambassador
 
El Bastardo's Avatar
 
Join Date: Oct 2004
Location: Houston, TX
Posts: 10,135
Thanked 5,356 Times in 1,206 Posts
What kind of crap are you people carrying in your cars that make you so incredibly afraid of the police?
El Bastardo is offline   Reply With Quote
Old 01-19-2010, 01:18 PM   #23
CRS
ninja edits your posts without your knowledge
 
CRS's Avatar
 
Join Date: Jan 2004
Location: Vancouver
Posts: 14,364
Thanked 5,489 Times in 1,480 Posts
Quote:
Originally Posted by El Bastardo View Post
What kind of crap are you people carrying in your cars that make you so incredibly afraid of the police?
A gang of mexican midgets in my trunk that I'm saving for Lomac's bukkake party?
CRS is offline   Reply With Quote
Old 01-20-2010, 11:30 PM   #24
Head Moderator
 
Lomac's Avatar
 
Join Date: Dec 1982
Location: Great White Nor
Posts: 22,593
Thanked 6,400 Times in 2,052 Posts
Quote:
Originally Posted by CRS View Post
A gang of mexican midgets in my trunk that I'm saving for Lomac's bukkake party?



The video bit can come in handy, though. Had a dash camera set up from filming a video one day in a buddy's car and we had forgotten to turn it off after filming. Got pulled over for something that we had allegedly done on the road a few moments prior (can't remember what it was anymore), but we both knew that it wasn't true. When we asked the cop if we could show him the footage of the last two minutes of driving to verify his accusation, we was very hesitant, but agreed. Pulled it up on the laptop (camera was dumping footage directly into a laptop... no need for tapes!) and after showing the officer, he realized that he had made a mistake and let us go with nothing more than a few minutes of conversation regarding filming.

It also really depends on how polite you are to the officer. Pointing a video camera directly at them is going to get their backs up, no matter if they were intending to be the most polite person in the world or not.
Lomac is offline   Reply With Quote
Old 01-21-2010, 04:59 PM   #25
JDMEK9Mod | DogWhisperer
 
spoon.ek9's Avatar
 
Join Date: May 2007
Location: Richmond
Posts: 12,491
Thanked 4,035 Times in 1,198 Posts
^ yeah, that's my concern. i mean, i know i have the right to, but it's going to make things uncomfortable in a hurry.
__________________
1998 Honda Civic EK9 - GQ || 1990 Honda Civic Si ED7 - DD || 1990 Honda Civic ED6 - RIP
VCC Buy/Sell rating 60-0-0 || RS Buy/Sell rating 20-0-0 || HT Buy/Sell rating 1-0-0
IG: @spoon.ek9
Spoiler!
spoon.ek9 is offline   Reply With Quote
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off



All times are GMT -8. The time now is 09:36 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
SEO by vBSEO ©2011, Crawlability, Inc.
Revscene.net cannot be held accountable for the actions of its members nor does the opinions of the members represent that of Revscene.net