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Ontario Highway Traffic Act

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questions about being arrested, searched
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PostPosted: Wed Nov 05, 2014 3:26 pm 
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Joined: Thu Oct 23, 2014 6:05 pm
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Got pulled over by opp here in tbay, Ontario, officer gave me ticket for insecure load. Officer came up to passenger window, cop had smelled weed in the vehicle then said do I need to call canine or u going to give me your weed? Passenger handed over 2 roaches then officer told passenger to exit vehicle, he was placed in handcuffs opp replied your under arrest then ordered me the driver out of the truck then searched me he put both of us in the cruiser . I was upset I asked the officer why I was getting arrested he replied if anyone in your vehicle is in possession of marijauna and is caught then everyone gets arrested,, so we both got arrested for 2 roaches my passenger had. opp officer then searched the truck and came up empty, once he was done searching he came opened the door and said I was free to go, also my passenger was let go. Police said to him I can charge u for having the roaches. Gave me a fine for insecure load for having a piece of plywood in the back with no tail gate..
I'm just disappointed I was put in the cruiser when I had nothing, can the opp officer charge both of us if passenger is the one holding?? Or did he just want to search our truck? He did not read our rights nor ask if he can search the truck. Was my rights being violated?


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Re: questions about being arrested, searched
PostPosted: Wed Nov 05, 2014 5:08 pm 
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Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
This is a Criminal Code Matter.

But since you weren't charged, I think it's safe to hear layman's opinions.

Your rights were violated but it is a permissible violation. If an officer has reasonable and probable grounds (like an occupant handing over 2 roaches or the strong smell of drugs confirmed by a K9) that they believe they may find drugs in the car they can search without a warrant. You were both arrested for your own safety and the officers. No officer is about to let you stand on the side of the road while he searches your car with his back to you. Upon the officer finding that there were no other serious criminal matters he decided not to pursue charges against you due to the relatively minor nature of the charges and you were released without charge.


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Re: questions about being arrested, searched
PostPosted: Wed Nov 05, 2014 5:42 pm 
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Joined: Wed Sep 19, 2012 1:44 am
Posts: 1064
scmedicine wrote:
He did not read our rights nor ask if he can search the truck. Was my rights being violated?


He doesn't have to ask you to search if he has a reasonable suspicion to do so. The smell of weed is enough for him to search, not to mention your passenger gave up his drugs.

As for whether or not you can play innocent and blame your passenger just because he's holding it and you're not, well not always.

There are different types of possession (Personal, Constructive, Joint). If you car smells like a hotbox, it's a bit harder to argue you had no knowledge or control of the situation. You could be considered to be holding drugs in your vehicle for your own benefit, passenger, or both. Luckily, it wasn't enough for the officer to even bother.


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