Do the police require just cause to check a licence plate, or can they run any plate they want at any time?
Also, is anyone aware of any case law that deals with Police justification, in pulling over a vehicle.
Thanks
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Curtisloew
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- Joined: Wed Sep 07, 2011 3:36 pm
Checking a Licence plate
Do the police require just cause to check a licence plate, or can they run any plate they want at any time? Also, is anyone aware of any case law that deals with Police justification, in pulling over a vehicle. Thanks
Re: Checking a Licence plate
Random plate queries are lawful. Random traffic stops are also lawful to check on drivers licence, insurance, etc. Theres significant case law dealing with police authority to stop persons/vehicles, but youd have to be a little more specific as to what exactly youre looking for.
Random plate queries are lawful. Random traffic stops are also lawful to check on drivers licence, insurance, etc.
Theres significant case law dealing with police authority to stop persons/vehicles, but youd have to be a little more specific as to what exactly youre looking for.
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tdottopcop
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- Joined: Fri Sep 30, 2011 8:42 am
Re: Checking a Licence plate
Hey Stanton, I've often wondered the same thing. I understand "random" vehicle stops are lawful in order for police check that the driver is licenced, insured, sober and that the vehicle is mechanically fit... ... but as far as checking licence plates, in my experience anyways, the justification for running plates (as opposed to stopping cars) has been far less documented. Is the act of checking a plate part of the same authority to see if the driver is licenced? Thanks.
Hey Stanton,
I've often wondered the same thing. I understand "random" vehicle stops are lawful in order for police check that the driver is licenced, insured, sober and that the vehicle is mechanically fit...
... but as far as checking licence plates, in my experience anyways, the justification for running plates (as opposed to stopping cars) has been far less documented. Is the act of checking a plate part of the same authority to see if the driver is licenced?
Thanks.
No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks
No, I do not work for Toronto Police...
... it is just a name folks
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Simon Borys
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- Joined: Fri Apr 30, 2010 10:20 am
Re: Checking a Licence plate
No authority is needed to check licences plates at random. The reason being, you don't have a reasonable expectation of privacy in the information connected to your licence plate, therefore running it doesn't engage the Charter (like a traffic stop does), therefore no authority is needed. (At least I'm not aware that anyone has successfully argued that they have a reasonable expectation of privacy in that info.)
No authority is needed to check licences plates at random. The reason being, you don't have a reasonable expectation of privacy in the information connected to your licence plate, therefore running it doesn't engage the Charter (like a traffic stop does), therefore no authority is needed. (At least I'm not aware that anyone has successfully argued that they have a reasonable expectation of privacy in that info.)
NOTHING I SAY ON HERE IS LEGAL ADVICE.
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Brian Smith
- Newbie
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- Joined: Sun Nov 13, 2011 10:17 am
Re: Checking a Licence plate
I have to agree with Simon here. Your plates are prominently displayed for a reason, and the police have the ability to run those plates. If a stop becomes justified as a result of running game those plates (unlicensed/suspended/prohibited RO, uninsured vehicle, expired validation, stolen car, Amber alert pointer vehicle, etc.) the stop has been justified by the initial information.
I have to agree with Simon here. Your plates are prominently displayed for a reason, and the police have the ability to run those plates. If a stop becomes justified as a result of running game those plates (unlicensed/suspended/prohibited RO, uninsured vehicle, expired validation, stolen car, Amber alert pointer vehicle, etc.) the stop has been justified by the initial information.
Re: Checking a Licence plate
Both the cops and the parking ticket people drive around in cars with the ability to read a tag. They have 4 flash bulb's and ? camera's. If you meet one the flash is pointed down but you will think "what was that, the first time" Cheers Viper1
Both the cops and the parking ticket people drive around in cars with the ability to read a tag.
They have 4 flash bulb's and ? camera's.
If you meet one the flash is pointed down but you will think "what was that, the first time"
Cheers
Viper1
"hang onto your chair when reading my posts
use at your own risk"
use at your own risk"
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