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What are my rights when being pulled over?
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PostPosted: Mon Apr 27, 2009 6:30 am 
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Alright so last night, I got pulled over, the officer was rude, It was 3AM so i guess he figured i was a stoner smoking a joint. I was already stopped on the side of the road talking on my cell phone. The officer ended up seeing my contraband cigarettes and seizing them. I have no problem for that.

However he later decided to search the entire contents of my car for marijuana. Which he did not find. He asked me lots of questions. I did not like this officer's personality, he was rude from the start treating me like garbage, and quite honestly I normally don't mind helping out cops by telling them to look elsewhere but this one really ticked me off.

Next time I get pulled over, the officer will most likely ask me again where I am going, where I'm coming from and lots more questions... Do I have to answer the questions?

I understand I have a right to remain silent does that mean I don't even have to say my name? By choice from now on I would really like to just ignore the officer and answer by telling my name, if the officer has any more questions I would like to be able to answer by saying I have a right to remain silent and I am taking that right. Can I get in trouble? I do not really break laws other than smoking contraband cigarettes. Can you blame me, I can't afford 80$ a week for smokes when I can pay 10$ for the same amount. But whatever he can seize everything i have i'll just get more later.

My real issue was with answering his questions which seemed like he wanted to me say something, it's like their trying to trick me but I can't confess to anything when i'm innocent.

I have a 2nd question.

1st is, can I remain silent, like COMPLETELY SILENT? do I have to answer ANY question or none at all... Or do i have to answer all questions and the right to remain silent only applies when detaned or in the station?

2nd. He also starting going through my files in my laptop, I have consent to search my car, but what right did he have to search my laptop? He later accused me of stealing a wi-fi connection, my computer wan't even internet connected, because I have 2 already open and loaded browser windows the old geezer thought I had internet. Which kinda insulted, I was 5 minutes from my home and I have a wireless connection there if I need one. If this was wrong what can I do to charge this officer.

I normally let things go, but this guy was so on a power trip I really feel i should lower it for him before he either get's hurt or hurts someone innocent.

I explained later to the officer that the reason he pulled me over was becasue I was already pulled over speaking on my cell phone safely without being on the road while talking. He replied you should have stayed on the road, the law hasn't passed in Ontario yet.

So it pretty much told me he didn't care about safety what so ever just as long as he could find drugs in my car. Which he did not find because I don't have any ever.

i live in a small town in Hawkesbury, Ontario 1 hour east of Ottawa.

I understand I could have refused a search, but kind of had no choice the cigarettes where hidden but I opened the glove compartment to search for my registration, and he saw the cigarettes. I believe that seizure was legal, and which led me to allow him the search of my vehicle.

I ask anybody who knows the law to answer to the best of thir knowledge. I'm going to bed now and am making a complaint to the supervisor in the afternoon.

Let's just say I used to be cool with cops, now just in case i'd prefer not to say a word to them anymore. That officer was harrasing and I really would not mind pissing them off a little by just responding i'm using my right to remain silent. Please someone tell me if I may next time, and if so completely silent or only to non essential questions. I wouldn't mind just saying my name then zipping up for the rest of the questions.

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PostPosted: Mon Apr 27, 2009 9:39 am 
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You might find this case interesting:

R. v. Gray et al., 2009 ONCJ 5

If focuses on what is reasonable search, detention and questioning at roadside.

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PostPosted: Mon Apr 27, 2009 9:51 am 
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Technically, you're only required to identify yourself. With that being said, if you take that route, you fail the attitude test and he can go over you with a fine-toothed comb.
As soon as you opened up the glove compartment, the smokes were in plain sight and that gives the constable probable cause to search your vehicle (the way I understand the situation, but double-check with somebody better-qualified). Had nothing been visible to the constable, you would have had every right to refuse consent and anything he found would have been inadmissible.
Searching through your files for evidence of wd is pure bull and I think that it may have been a blunder (assuming you verbally objected to that particular search item).
In the future, password-protect your computer. I'm not sure if Windows/OS-X have password protection when you resume from suspend, but I'd assume that they do. AFIK you don't have to disclose your password to him and if you use a combination of numbers, letters and characters, it would take weeks or months for the constable to bf it, which he obviously wouldn't do during a roadside stop.

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PostPosted: Mon Apr 27, 2009 12:22 pm 
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Location: In YOUR rearview mirror!
You have to identify yourself, produce a drivers licence, registration and valid insurance slip.

Staying absolutely silent.....that would be weird, out of place, not common, out of character for anyone......I only had non-speaking drivers 3 times in my career (drivers that actually could not speak and used sign language), to which I then used the dashpad to communicate.

I always check on vehicles parked on the shoulder, last thing I need is someone having a heart attack and I drive by with a full marked car....implications are endless there.

Contraband cigarettes, once a pack is located, the whole vehicle can be searched.

Search aspect....you state it was a "consent search" If so, it opens up a search to vehicle and all its contents.

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Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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PostPosted: Mon Apr 27, 2009 2:54 pm 
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I keep telling my wife the next traffic stop, I'm not saying ANYTHING! Just to see what happens. Well, I was stopped last month with most of my family in the car with me. The only word I said through the whole stop was, "Yes", when asked if I was the registered owner. I'm still mad I even said that, LOL.

I think complete silence would be viewed as suspicious and/or hostile, so I would make sure EVERYTHING is legal on the exterior of the car first (license plate lights, tire wear, window tint, sip-of-beer-on-breath, etc., etc.).


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PostPosted: Mon Apr 27, 2009 8:29 pm 
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Bookm wrote:
I keep telling my wife the next traffic stop, I'm not saying ANYTHING! Just to see what happens. Well, I was stopped last month with most of my family in the car with me. The only word I said through the whole stop was, "Yes", when asked if I was the registered owner. I'm still mad I even said that, LOL.

I think complete silence would be viewed as suspicious and/or hostile, so I would make sure EVERYTHING is legal on the exterior of the car first (license plate lights, tire wear, window tint, sip-of-beer-on-breath, etc., etc.).


Last time for me i said the minimum and the officer wrote in her notes that i was uncooperative......hmmmm????

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PostPosted: Mon Apr 27, 2009 9:58 pm 
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Bookm wrote:
I keep telling my wife the next traffic stop, I'm not saying ANYTHING! Just to see what happens. Well, I was stopped last month with most of my family in the car with me. The only word I said through the whole stop was, "Yes", when asked if I was the registered owner. I'm still mad I even said that, LOL.

I think complete silence would be viewed as suspicious and/or hostile, so I would make sure EVERYTHING is legal on the exterior of the car first (license plate lights, tire wear, window tint, sip-of-beer-on-breath, etc., etc.).


Haha bookm just a random question but especially the OPP HSD guys do they recognize you from Canada's worst driver. :lol:

I would just tell them your famous and you know Cam Wooley and see what they say.


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PostPosted: Fri May 01, 2009 11:17 pm 
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I've always wondered... It's 3am and you get pulled over. Eventually you will be asked. Where are you going? and /or Where are you coming from? Well I'd like to know, what difference does it make? There is absolutely nothing I or anyone can say that is going to convince the cop to say "Right! off you go then!!, I'm so sorry for wasting your time"

I refused to answer those questions once. I had been pulled over for a stupid reason, (black car black interior black jacket, and officer couldn't see my seatbelt.) I was wearing it and she new as soon as she walked up to the window. I gave her the required papers. Then she started asking the "these questions have nothing to do with the fact i pulled you over but I'm going to ask them any way". I asked her if I was under arrest. She said no. I then told her that I was not answering her questions because they had nothing to do with why I was pulled over. She was po'd but she knew I was right. She took her sweet old time running my vin and plates etc. But I didn't get any tickets.


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