walleyed Posted August 23, 2007 Report Posted August 23, 2007 About a year ago,I asked a question about C.O's searching rented cabins.There was quite the response but no answers. After going through the courts I finally have the answer. A C.O. can not search a rented cabin without permission or a warrant.Should he decide to ignore that and do it anyway,the charter of rights and freedoms comes into play;specifically section 8 that states a citizen has a reasonable right to the expectation of privacy. So now you know for sure.That came straight from the Crown Attorney for the MNR Northwest division. Just my 2 cents.
Riparian Posted August 23, 2007 Report Posted August 23, 2007 Well thats good to know... Now I dont have to worry about all those CO'S finding my stash. Cause I was real worried about that.
redx Posted August 23, 2007 Report Posted August 23, 2007 Well thats good to know... Now I dont have to worry about all those CO'S finding my stash. Cause I was real worried about that. ...you bring illegal stuff to a rented cabin? How about not doing any thing that is against the law then play around with the loop holes.
bigfish1965 Posted August 23, 2007 Report Posted August 23, 2007 I'm thinking it was sarcasm there redx.
Riparian Posted August 23, 2007 Report Posted August 23, 2007 (edited) lol Sorry Redx my e-sarcasam was not as clear as I thought it would be. Edited August 23, 2007 by Riparian
silveradosheriff Posted August 23, 2007 Report Posted August 23, 2007 Good information to have - Thanks Walleyed!
Pigeontroller Posted August 23, 2007 Report Posted August 23, 2007 Interesting, I always thought CO's had way more power than regular Police when it came to search/seisure.
Terry Posted August 23, 2007 Report Posted August 23, 2007 and if you go back to the thread you will see I did say they not have the right, with a few exceptions....... it's good to know and as I say in the last thread the owners of that camp should have stuck up for you and not opened the doors and let them in.......... whether you were in the illegal or not your civil rights should never be abused and Donny should be fired
BITEME Posted August 23, 2007 Report Posted August 23, 2007 REASONABLE SUSPISCION can Kick your door in rented or not
bigfish1965 Posted August 23, 2007 Report Posted August 23, 2007 Reasonable suspicion, hot pursuit or one other exception..though the name escapes me..if they believe you are in the process of destroying evidence they can go in. But no, they cannot enter your residence, whether temporary or permanent, arbitrarily.
lunkerbasshunter Posted August 23, 2007 Report Posted August 23, 2007 how about play by the rules and no worries if they do get in? Cheers!
bigfish1965 Posted August 23, 2007 Report Posted August 23, 2007 how about play by the rules and no worries if they do get in? Cheers! Absolutely! But at the same time the people must be protected from unreasonable search and seizure and must have the right to be lawful citizens without harassment. There will always be rogue officers in every line of law enforcement, just like there will always be poachers.
Tacklebuster Posted August 23, 2007 Report Posted August 23, 2007 I remember that post, it created quite a stir and lots of replies. I am glad it worked out for you, and that charter of rights and freedoms prevailed as it is meant to. Clearly that CO overstepped his bounds, and hopefully he will remember. Thanks for the update.
John Posted August 23, 2007 Report Posted August 23, 2007 Isn't "Reasonable Suspicion" so all encompassing that it's almost unquantifiable?
POLLIWOGG Posted August 23, 2007 Report Posted August 23, 2007 Breaking the law and playing with the loopholes is the Canadian way,Speed limits--Gst etc.
tonyb Posted August 23, 2007 Report Posted August 23, 2007 ...What Tackle Buster said, glad your rights weren't trampled on by this rogue officer. Tony
Terry Posted August 23, 2007 Report Posted August 23, 2007 I disagree about the loop hole thingy if even one persons rights are abused that's too many and the fact that the cop/CO didn't have the right to just go in your room isn't a loop hole like having a cop beat a confession out of you then beating the rap because of the beating isn't a loop hole.... it's your right to life, liberty and the pursuit of happiness ...OK I don't know the Canadian Charter of rights..but we have them..thank God and everyone should respect them...period
Canuck2fan Posted August 23, 2007 Report Posted August 23, 2007 I agree that trampling over someones rights to get evidence to lay a charge is totally wrong. If an officer of any kind will do that even once how do you ever trust in any arrest that they make after that? Once we as a society allow things like this to happen it won't be long before the same officers are bringing along evidence to put in place in case you actually were innocent....
joonmoon Posted August 23, 2007 Report Posted August 23, 2007 There is a difference in power tripping cops/CO's and the guys who actually have reasonable doubt / suspicion about someone. The best thing is to behave and you got no probs. If the CO violates your rights and you are clean then file a complaint and have his superiors take care of it. If you aren't illegal then you got nothing to worry about right! If you are illegal somehow then you deserve to burn for it. If you are illegal then you have forfetted your rights already right!
Terry Posted August 23, 2007 Report Posted August 23, 2007 well if you have nothing to worry about maybe they should start coming in your bedroom at 4 every morning or whenever they want..and stop you on the street everytime they see you and so a complete body search after all if you have nothing to hide .....then you have nothing to worry about I think that's how Russia and Nazi Germany started...people flee countries like that and come to Canada to get away from not having any rights and police states. And you think it's OK if the start abusing your rights if you have nothing to hide....I don't think so......... it's a slipper slope and each right that is taken away makes it easier to take the next one away.......... ..leave me alone you Commie/Nazi/ lover..LOL
Canuck2fan Posted August 23, 2007 Report Posted August 23, 2007 There is a difference in power tripping cops/CO's and the guys who actually have reasonable doubt / suspicion about someone. The best thing is to behave and you got no probs. If the CO violates your rights and you are clean then file a complaint and have his superiors take care of it. If you aren't illegal then you got nothing to worry about right! If you are illegal somehow then you deserve to burn for it. If you are illegal then you have forfetted your rights already right! In a perfect world your take would work well. However, like I said before if a cop/CO will bend the rules to search you how long will be before they manufacture evidence to get you..... NOT LONG!!!! History has always shown this to be the case. It is a very slippery slope best avoided at all costs. I am very strong on law and order but the order only comes when those in the system respect the law to enforce it.
JerseyDog Posted August 23, 2007 Report Posted August 23, 2007 While I am happy to obey the 10 Commadments and overall be a good citizen, I don't agree with all laws on the books and choose to ignore some of them. Speed limits are one and I won't comment on the other that comes to mind.
Dozer Posted August 23, 2007 Report Posted August 23, 2007 Stash your stuff in someone else cabin and dont tell them a thing. Just an idea.
TennesseeGuy Posted August 24, 2007 Report Posted August 24, 2007 Judges have looked the other way on his illegal searches because they believe the end justifies the means. In my opinion that's an even greater threat than the illegal search.
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