Does officer need probable cause before they turn on radar?

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jsherk
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Does officer need probable cause before they turn on radar?

Unread post by jsherk on

In Ontario, does an officer need probable cause before they can turn on their radar?

For example, do they need "witness the vehicle at a high rate of speed" before they use it, or can they just have it on all the time?

Thanks
+++ This is not legal advice, only my opinion +++


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Decatur
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Unread post by Decatur on

"Probable cause" is a term used in the USA. There is nothing in Canadian law that says the officer has to "witness the vehicle at a high rate of speed" prior to turning on the radar. However, as part of a tracking history, the operator should observe the target travelling above the posted speed limit and then activate the radar. The radar simply confirms the officers visual observations. One purpose of this is to defeat the use of radar detectors. If you leave the radar active at all times, anyone with a detector will know you are there from a long distance off. By leaving the radar in "standby" by the time the driver with a detector reacts, the officer already has a speed reading.


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AlienPrime
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Unread post by AlienPrime on

Decatur wrote:"Probable cause" is a term used in the USA. There is nothing in Canadian law that says the officer has to "witness the vehicle at a high rate of speed" prior to turning on the radar. However, as part of a tracking history, the operator should observe the target travelling above the posted speed limit and then activate the radar. The radar simply confirms the officers visual observations. One purpose of this is to defeat the use of radar detectors. If you leave the radar active at all times, anyone with a detector will know you are there from a long distance off. By leaving the radar in "standby" by the time the driver with a detector reacts, the officer already has a speed reading.
yup couldn't have said it better myself!

That's why radar detectors are becoming less and less useful :)
"In fact, the more things are forbidden, the more popular they become"
- Mark Twain


jsherk
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Unread post by jsherk on

Thanks Decatur
+++ This is not legal advice, only my opinion +++


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AlienPrime
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Unread post by AlienPrime on

jsherk wrote:Thanks Decatur
+1




"In fact, the more things are forbidden, the more popular they become"
- Mark Twain


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