My dad owns a 2009 Infiniti G37 Coupe, It's his car, not mine, he's the only one on the registration and insurance. Recently he went on 3 month trip overseas and gave me full permission to use the car while he's away. The problem is i live in Toronto and he's from Hamilton and the car is registered in Hamilton. I'm getting a lot of heat from the police while driving the car around Toronto, they stop me, check the car is not stolen, i have been pulled over 6 times since Halloween. I got sick and tired of being profiled and stopped so during the latest traffic stop I provided the officer with my license, registration and insurance but kept completely silent when he asked the obvious questions of " who's car is this?" This made him extremely agitated and he threatened to tow the car away and have it impounded if I didn't speak to him and answer his questions. The thought of my dad's car being towed got me scared so I talked and was on my way within minutes. So my question is: If I invoke my constitutional rights under the charter to not talk to the police, however provide them any documents they request, can they tow my dad's car away because they couldn't verify I had permission to drive it?
My car has factory tinted windows. It's not a film and cannot be removed. You can be pulled over any time, regardless of anything. The police may pull over anyone driving or seen driving on a public road to check that documents are in order.
cruzmisl wrote:
BTW no car comes with factory tinted windows. If your side windows are tinted you can be pulled over anytime, regardless of how dark the tint is.
My car has factory tinted windows. It's not a film and cannot be removed.
You can be pulled over any time, regardless of anything. The police may pull over anyone driving or seen driving on a public road to check that documents are in order.
You could politely ask the officer why you are getting pulled over so much. Explain nicely that you are just a nice fellow in a nice car but you have been pulled over X times in X weeks and see what transpires. If the officers computer has a red flag on your plate, then they must be able to "green Flag" it somehow. Once again notes and or your camera would help. Toronto did have that whole racial profiling going on and I have a doubt that it has been fully removed from all the officer's minds.
You could politely ask the officer why you are getting pulled over so much. Explain nicely that you are just a nice fellow in a nice car but you have been pulled over X times in X weeks and see what transpires. If the officers computer has a red flag on your plate, then they must be able to "green Flag" it somehow. Once again notes and or your camera would help. Toronto did have that whole racial profiling going on and I have a doubt that it has been fully removed from all the officer's minds.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
Now the picture is clear: Plus This is why you are being pulled over so much. Confrontation or not, unfortunately the type of vehicle you are driving, the fact that your licence plate is registered to a residence in Hamilton (far distance), you are a young male, and you are out driving around in the Finch & Weston area basically combines to be a red flag. Same thing happens to my neighbour. Next time you do get pulled over: +1.
Now the picture is clear:
nexxen90 wrote:
I live near U of T downtown, townhouse i share with 2 other students, however i work near Finch Ave W and Weston Rd area, i have been pulled over mostly in that area.
Plus
nexxen90 wrote:
The car is black with factory tinted windows, also has aftermarket dark color rims
This is why you are being pulled over so much. Confrontation or not, unfortunately the type of vehicle you are driving, the fact that your licence plate is registered to a residence in Hamilton (far distance), you are a young male, and you are out driving around in the Finch & Weston area basically combines to be a red flag. Same thing happens to my neighbour.
Next time you do get pulled over:
Reflections wrote:
You could politely ask the officer why you are getting pulled over so much.
Plus This is why you are being pulled over so much. Confrontation or not, unfortunately the type of vehicle you are driving, the fact that your licence plate is registered to a residence in Hamilton (far distance), you are a young male, and you are out driving around in the Finch & Weston area basically combines to be a red flag. Same thing happens to my neighbour. Next time you do get pulled over: +1. Thanks a lot Radar, i think your right. I have only been in Toronto for 18 months so haven't had a grasp of the "high risk" neighborhoods yet. Come to think of it, if i was cop i would be very suspicious of a car like that as-well, and getting off work at near midnight doesn't help either. I honestly don't think it has anything with race, more with "community profiling" more crime, more cops, more stops and unfortunately i got caught in the middle.
Radar Identified wrote:
Now the picture is clear:
nexxen90 wrote:
I live near U of T downtown, townhouse i share with 2 other students, however i work near Finch Ave W and Weston Rd area, i have been pulled over mostly in that area.
Plus
nexxen90 wrote:
The car is black with factory tinted windows, also has aftermarket dark color rims
This is why you are being pulled over so much. Confrontation or not, unfortunately the type of vehicle you are driving, the fact that your licence plate is registered to a residence in Hamilton (far distance), you are a young male, and you are out driving around in the Finch & Weston area basically combines to be a red flag. Same thing happens to my neighbour.
Next time you do get pulled over:
Reflections wrote:
You could politely ask the officer why you are getting pulled over so much.
+1.
Thanks a lot Radar, i think your right.
I have only been in Toronto for 18 months so haven't had a grasp of the "high risk" neighborhoods yet.
Come to think of it, if i was cop i would be very suspicious of a car like that as-well, and getting off work at near midnight doesn't help either.
I honestly don't think it has anything with race, more with "community profiling" more crime, more cops, more stops and unfortunately i got caught in the middle.
You get off work at midnight in that area on top of all of that?! If I were a cop I'd be stopping you, too. I think that we may have found the answer behind all of the stops. Truthfully, I doubt that the police are targeting you, I don't think it's anything personal - just a rather unfortunate combination of circumstances. However, if I were in your situation, the next time I get stopped I'd mention, politely, that "I've been pulled over six times in the past twelve days, is there something I should know about? Have I been flagged?" Or you could visit a police station and ask them (again, politely) the same sort of question, just in case there is something else.
You get off work at midnight in that area on top of all of that?! If I were a cop I'd be stopping you, too. I think that we may have found the answer behind all of the stops. Truthfully, I doubt that the police are targeting you, I don't think it's anything personal - just a rather unfortunate combination of circumstances. However, if I were in your situation, the next time I get stopped I'd mention, politely, that "I've been pulled over six times in the past twelve days, is there something I should know about? Have I been flagged?" Or you could visit a police station and ask them (again, politely) the same sort of question, just in case there is something else.
There are compelling reasons why the vehicle would raise suspicion, but can someone please tell me if there is a record of when a licence # has been pulled over? If so, then surely the office next pulling over the vehicle knows this when they punch in the licence #? At some point, it becomes unreasonable. I think this "some point" has come to pass. I would go to my nearest detachment and voice my concerns and ask for a note to be placed on file, if possible. This many times in such a short period, if it were happening to me, would be worrisome, and as a citizen sharing the road with others, with no criminal record or associations, I would consider it harassment if it didn't stop and file a complaint with the board. I am appreciative of Metro doing their job as is obvious here, but now it is overkill and the OP needs to be left in peace. He's earned it, and surely, there has been enough police contact to know that his story checks out. Unless of course, something very crucial to this story has been omitted.
There are compelling reasons why the vehicle would raise suspicion, but can someone please tell me if there is a record of when a licence # has been pulled over? If so, then surely the office next pulling over the vehicle knows this when they punch in the licence #?
At some point, it becomes unreasonable. I think this "some point" has come to pass. I would go to my nearest detachment and voice my concerns and ask for a note to be placed on file, if possible. This many times in such a short period, if it were happening to me, would be worrisome, and as a citizen sharing the road with others, with no criminal record or associations, I would consider it harassment if it didn't stop and file a complaint with the board. I am appreciative of Metro doing their job as is obvious here, but now it is overkill and the OP needs to be left in peace. He's earned it, and surely, there has been enough police contact to know that his story checks out.
Unless of course, something very crucial to this story has been omitted.
Some developments: Instead of walking into the Police station and Voicing my concerns with a low level officer I decided to write a 2 page Essay of my experiences with 31 Division portal cops titled " Suspicion vs. Abuse of Power : The Failure of 31 Division" and paid Canada Post to hand deliver it to Unit Commander: Superintendent, 2nd in Charge: Inspector and the Toronto Star, I made sure the cops clearly saw that cc. was the Toronto Star. I expressed the letter on Canada post with their "priority next am" service. In the letter I criticized the police for their unprofessional nature, harassment and pointless frequent stops. I honestly didn't think the letter would do anything, at approximately 2:18pm this afternoon, my cell phone rings and caller ID says " Toronto Police", to my surprise my letter reached the Unit Commander and he wanted to discuss my concerns, he kept emphasizing that his goal was to make sure that public had confidence in his division and he was alarmed I sent a copy to the Toronto Star. We had a good 20 minute talk and he admitted that his officers where " over-doing" their jobs and he would personally request that they lay off me, if they don't have strong suspicion of wrong doing. Overall he sounded sincere and we'll see what happens, haven't been pulled over yet. The cops followed me last night on Finch East towards Hwy 400 south but no traffic stop, I guess the Unit Commander's orders to leave me alone was obeyed.
Some developments:
Instead of walking into the Police station and Voicing my concerns with a low level officer I decided to write a 2 page Essay of my experiences with 31 Division portal cops titled " Suspicion vs. Abuse of Power : The Failure of 31 Division" and paid Canada Post to hand deliver it to Unit Commander: Superintendent, 2nd in Charge: Inspector and the Toronto Star, I made sure the cops clearly saw that cc. was the Toronto Star. I expressed the letter on Canada post with their "priority next am" service.
In the letter I criticized the police for their unprofessional nature, harassment and pointless frequent stops. I honestly didn't think the letter would do anything, at approximately 2:18pm this afternoon, my cell phone rings and caller ID says " Toronto Police", to my surprise my letter reached the Unit Commander and he wanted to discuss my concerns, he kept emphasizing that his goal was to make sure that public had confidence in his division and he was alarmed I sent a copy to the Toronto Star. We had a good 20 minute talk and he admitted that his officers where " over-doing" their jobs and he would personally request that they lay off me, if they don't have strong suspicion of wrong doing. Overall he sounded sincere and we'll see what happens, haven't been pulled over yet.
The cops followed me last night on Finch East towards Hwy 400 south but no traffic stop, I guess the Unit Commander's orders to leave me alone was obeyed.
Last edited by nexxen90 on Thu Nov 12, 2009 3:51 pm, edited 1 time in total.
:shock: You've got the balls of a brass monkey, fella. I congratulate you on the outcome, though the means are not something I would've considered! Yowzers!
You've got the balls of a brass monkey, fella. I congratulate you on the outcome, though the means are not something I would've considered!
For your situation, you did what you had to do. If the officers followed you and did nothing, this is step in the right direction. Your written "essay", haven't used that word in a while, was just what was needed. I judge by your posts here that you are educated to the point of presenting your case with enough vigor, and without derogitory remarks, that you were taken seriously. Well done and keep us posted..
For your situation, you did what you had to do. If the officers followed you and did nothing, this is step in the right direction. Your written "essay", haven't used that word in a while, was just what was needed. I judge by your posts here that you are educated to the point of presenting your case with enough vigor, and without derogitory remarks, that you were taken seriously.
Well done and keep us posted..
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
I'm Officially declaring my problem solved! Thank You to everyone that helped me out, my saga of being pulled over is officially over! It's been almost one week and absolutely no traffic stops, no looks, no tailing, nothing! I feel like just a normal "Joe" driving around Toronto. My situation went from being pulled over at least once a day, harassed numerous times, to complete freedom! OHTA Community has served me well, thank you!
admin wrote:
Great Job man! That's the way to work the system. Public awareness scares them and so do essays!
I'm Officially declaring my problem solved!
Thank You to everyone that helped me out, my saga of being pulled over is officially over! It's been almost one week and absolutely no traffic stops, no looks, no tailing, nothing! I feel like just a normal "Joe" driving around Toronto. My situation went from being pulled over at least once a day, harassed numerous times, to complete freedom!
Don't ever try that! Like Bear said the cop has many reasons to suspect you. He can also make up any probable cause to impound your car, so do what he asks. Do not challenge a police officer, a good officer may turn into a bad apple if being challenged. If you insist to invoke your constitutional rights, make sure you have your lawyer's number handy. Isn't it ironic that someone insinuates that people often lie to the police....then you get told that the cop could ' make up any probable cause to impound your car' What you need to remember is that the police are OUR public servants. Unfortunately they now seem to believe its the other way around. We all still have constitutional rights and have every right to to invoke them. print off a copy of the section you need and carry it with you. Also I would definitely get a camera and audio equipment in your car...it is a necessity these days.... Also I advise more people to take heavy handed cops to task. Start standing up for yourselves, claim your rights and don't put up with the harassment. They are not paid to harass they are paid to protect and serve us...about time they got it right !!!
liveontheedge wrote:
nexxen90 wrote:
So my question is: If I invoke my constitutional rights under the charter to not talk to the police, however provide them any documents they request, can they tow my dad's car away because they couldn't verify I had permission to drive it?
Don't ever try that! Like Bear said the cop has many reasons to suspect you.
He can also make up any probable cause to impound your car, so do what he asks. Do not challenge a police officer, a good officer may turn into a bad apple if being challenged.
If you insist to invoke your constitutional rights, make sure you have your lawyer's number handy.
Isn't it ironic that someone insinuates that people often lie to the police....then you get told that the cop could ' make up any probable cause to impound your car'
What you need to remember is that the police are OUR public servants. Unfortunately they now seem to believe its the other way around.
We all still have constitutional rights and have every right to to invoke them. print off a copy of the section you need and carry it with you. Also I would definitely get a camera and audio equipment in your car...it is a necessity these days....
Also I advise more people to take heavy handed cops to task. Start standing up for yourselves, claim your rights and don't put up with the harassment. They are not paid to harass they are paid to protect and serve us...about time they got it right !!!
Congratulations on the way you handled it, nexxen90. Glad it's worked out as it should. It would be even nicer if the problem had never arisen at all, of course, but we do live in the real world, and stuff happens. Just a thought... have you considered sending a follow-up letter to the same exalted personages, noting what has transpired, and confirming that the problem has gone away, leaving you able to carry on a normal life again (assuming, of course, that it has gone away for good)? Jeez, maybe they'll hire you to head up a civilian review board or something.
Congratulations on the way you handled it, nexxen90. Glad it's worked out as it should. It would be even nicer if the problem had never arisen at all, of course, but we do live in the real world, and stuff happens.
Just a thought... have you considered sending a follow-up letter to the same exalted personages, noting what has transpired, and confirming that the problem has gone away, leaving you able to carry on a normal life again (assuming, of course, that it has gone away for good)? Jeez, maybe they'll hire you to head up a civilian review board or something.
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