Re: Beware Massive Roadblock

Theres a huge roadblock out on the highway. I guess there inspecting peoples cars. So if you winshield is cracked, or you dont think your car will pass, id stay in town.

It’s at the intersection of Portage Rd (Yellowhead Auto, Sherman GM, old BC Hydro lot), and Highway 16.

Update!

Just moved slightly closer to town, between 11th Ave E. and Prince George St.

OH SHIT!!!.. I think my truck passes 100%.

I just talk to a lady that drives a 2 ton truck, she said they inspected her whole truck. They even went through all her fridges and everything.

Sounds like there lookin for somthing else

Guess I better stay put with that corpse filled with native art items.

They’re working the George Hills Way area now by Acklands, kind of funny watching all of those behind me in pick ups and cube vans making the big U at Coastal Propane.

You can run, but you can’t hide kids…

shit… i sure hope they call it a day before 5:00… starting to wonder if my truck will pass… I’m sure they can find something. For starters the address on my license is wrong… though i could just say I live at the address on my license(parents house)… they could even follow me there for all i care.

Yeah, my license still says my parents’ house as well.

My car would pass, I think.

[quote=“yngwie_69”]I just talk to a lady that drives a 2 ton truck, she said they inspected her whole truck. They even went through all her fridges and everything.

Sounds like there lookin for somthing else[/quote]

One word,

no

Thats all you have to say, they have no right to just randomly search your vehicle.

unless she’s retarded and consented to the search.

dogs too ?

“randomnly” ? Seaching vehicles?

I think you need to do a bit of reading.

Vehicles searches, especially if they are random, are ok. Searching bags or containers within vehicles is not ok.

It’s all having to do with the word “reasonable.”

Of course, all this is moot, because they generally just ask if they can take a look. Most people say yes.

This is one of the Supreme Court case that established some of the limits and case law:

R. v. Mellenthin

The important bit:

So a police officer at a road block performing a “visual inspection” of the interior of your vehicle (with or without a flashlight!) does not constitute a search and isn’t protected by Section 8.

But if the police officer wants to search a bag or other container in the car, then yeah, that’s a search. They can’t do it without your informed consent.

As for the “random” part, we have this Supreme Court case that says it’s perfectly ok:

R. v. Ladouceur

[quote]To recognize the validity of the random routine check is to recognize reality. This form of deterrent is a plausible response to the general difficulties of establishing such programs due to fiscal constraints and shortages of personnel and due to the impossibility of establishing an effective organized program in rural areas in particular.

 The random routine check does not so severely trench upon the s. 9 right so as to outweigh the legislative objective. Mechanisms are already in place to prevent abuse by law enforcement officers.  Officers can stop persons only for legal reasons -- in this case reasons related to driving a car such as checking the driver's licence and insurance, the sobriety of the driver and the mechanical fitness of the vehicle.[/quote]

So yeah, it’s probably a good idea to do a bit of reading before assuming a legitimate police check stop is like something you see on TV.

Here are some links to get you started:

canlii.org/ca/com/chart/s-8.html

and

canlii.org/ca/com/chart/s-9.html

[quote=“yngwie_69”]I just talk to a lady that drives a 2 ton truck, she said they inspected her whole truck. They even went through all her fridges and everything.

Sounds like there lookin for somthing else[/quote]

The DOT officers are doing this stuff aswell. It’s just that season I think. Going over the scale in Leduc, AB the other day, they gave me the red light and I needed to pull my truck into their inspection facility behind the scale. They check brake travel, pad thickness, air leaks, tires, tire pressure, suspension, steering components, documents, and such… The whole inspection took about 20 minutes and then I was sent on my way with a shiney yellow CVSA sticker on my windshield… So inspections on commercial vehicles is pretty normal, and I suspect the RCMP would be responsible for carrying out similar searches on non-commercial vehicles. The fridge thing seems a little excessive though.

[quote=“jesus”]
One word,
no
Thats all you have to say, they have no right to just randomly search your vehicle.[/quote]

If you have nothing to hide what’s the harm in letting them look. Start saying no and police get suspicious.

It wasn’t the RCMP Searching Vehicles, it was the RCMP Intergrated saftery Unit pulling over cars that looked un-safe, then the Government Agents that are alowed to pull random cars over and check them , go to work and give you big lists of what needs to get fixed. and you have like 30 days to get it fixed or whatnot. I hope some cab’s got pulled over.

Hmm. Wonder what the ruling is on opening the trunk.
Got asked once in the old pickup if I minded if the cop ‘checked the back’. Told him not much point in asking, its got no cover and your standing right there. Had a friend get asked the same thing in his AMC Gremlin. He told the cop “go ahead, if you find it tell me”

[quote=“mrt”]

[quote=“jesus”]
One word,
no
Thats all you have to say, they have no right to just randomly search your vehicle.[/quote]

If you have nothing to hide what’s the harm in letting them look. Start saying no and police get suspicious.[/quote]

Where does it end? Should we not have an expectation of privacy?

Should police be allowed to search our homes at whim? Our phone records? Our computers?

Now, IANAL (what an acronym!), but I always thought that law said “… without probable cause or suspicion” or something along those lines. Is someone not granting permission for a search reason enough for that suspicion? Something tells me that a judge wouldn’t think so.

The harm is that we would get used to it.

Good, they should be.

Remember that trial a few years back, where a bunch of drug smugglers got off an a technicality, because the police had received a warrant for a telephone wiretap, but at that time, the relevant wiretapping legislation did not include digital devices such as cellphones? And the guys got off because the police had been monitoring the cellphones even though it went outside the bounds of their warrant?

Thankfully, most judges seem to be pretty good at balancing protecting our persons and property, as well as our civil liberties.

If you read the judgements in the links to those two cases back there, you’ll see exactly that. Yes we have a right to privacy and protection from arbitrary search and detention. And that’s balanced by society’s right to be safe.

That line is drawnby the courts pretty clearly. It’s just that the line is drawn at a different spot than most people think it is. This isn’t Boston Legal, this is real life Canada. The police can randomnly look in your vehicle. It’s not a search.