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  #21  
Old 11-23-2010, 08:44 PM
hillbillyreefer hillbillyreefer is offline
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Originally Posted by Magma View Post
Wrong, Police may enter a home, or vehicle if they have probably case to suspect something is going on. To many people have this false idea that cops cant do anything without a warrent (thank you hollywood) when in fact if you were pulled over by the cops and they suspected drugs in the car, guess what your sitting there while they go through your car no warrent needed, same thing with a home, if you open the door to the cops and a big cloud of smoke comes out the door guess what they can walk right in.

That being said....anything they find is only grounds for you to be taken away they wont be able to have charges stick to you untill they have a warrent to go back and search the house for evidence.

Yes I know this from experiance, cops walked right into a house party because they could see from the doorway what they thought looked like a bong (it was a coloured vase with no flowers in it) and then they explained how they can do that. Hollywood has screwed up what we the citizens think our rights our because lets face it most of the movies we watch are from the USA not Canada Same thing when you ask a cop for his badge number he only has to give you either his Name (first or last doesnt have to be both) OR his badge number.
You can deny them entry and then they have to petition a JP or judge to get them a warrant. Unless they have specifically witnessed a crime in progress then they can do whatever they want within reason. The within reason part will come up and be decided during the trial.

Information for search warrant
Allows police to search a building.
487. (1) A justice who is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in a building, receptacle or place

(a) anything on or in respect of which any offence against this Act or any other Act of Parliament has been or is suspected to have been committed,

(b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence, or will reveal the whereabouts of a person who is believed to have committed an offence, against this Act or any other Act of Parliament,

(c) anything that there are reasonable grounds to believe is intended to be used for the purpose of committing any offence against the person for which a person may be arrested without warrant, or

(c.1) any offence-related property,

may at any time issue a warrant authorizing a peace officer or a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and who is named in the warrant

(d) to search the building, receptacle or place for any such thing and to seize it, and

(e) subject to any other Act of Parliament, to, as soon as practicable, bring the thing seized before, or make a report in respect thereof to, the justice or some other justice for the same territorial division in accordance with section 489.1.

http://everything2.com/title/Crimina...ure+and+Powers

I guess I'm a poor Canadian. I don't trust law enforcement or the court system. Check out the firearms act and you'll see the slippery slope that has been embarked upon in Canada. The stuff they are getting away with in there sooner or later will be used by the state in other areas of Canadian's lives. As Canadians we need to start saying no to infringements on our privacy and rights.

Last edited by hillbillyreefer; 11-23-2010 at 08:50 PM.
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  #22  
Old 11-23-2010, 09:15 PM
ShwaFish ShwaFish is offline
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I had the cops come to my apartment, with 12ish reptile lights for torts and chameleons plus my tank and a huge amount of carnivorous plants. Was actually a huge hassle cause it was shortly after the animal bylaws were passed. I had nothing restricted but didn't stop them from making me go through every animal and annoying calls/ paperwork
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  #23  
Old 11-23-2010, 09:22 PM
gobytron gobytron is offline
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Quote:
Originally Posted by Magma View Post
Wrong, Police may enter a home, or vehicle if they have probably case to suspect something is going on. To many people have this false idea that cops cant do anything without a warrent (thank you hollywood) when in fact if you were pulled over by the cops and they suspected drugs in the car, guess what your sitting there while they go through your car no warrent needed, same thing with a home, if you open the door to the cops and a big cloud of smoke comes out the door guess what they can walk right in.

That being said....anything they find is only grounds for you to be taken away they wont be able to have charges stick to you untill they have a warrent to go back and search the house for evidence.

Yes I know this from experiance, cops walked right into a house party because they could see from the doorway what they thought looked like a bong (it was a coloured vase with no flowers in it) and then they explained how they can do that. Hollywood has screwed up what we the citizens think our rights our because lets face it most of the movies we watch are from the USA not Canada Same thing when you ask a cop for his badge number he only has to give you either his Name (first or last doesnt have to be both) OR his badge number.
PFFFFT....
cops must love you...lol
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  #24  
Old 11-23-2010, 09:27 PM
Magma Magma is offline
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Originally Posted by gobytron View Post
PFFFFT....
cops must love you...lol
been in my fair share of bar fights that ended with police being dicks Like when they showed up in undercover cloths and in the middle of a fight say "im sergant so and so" that counts as an introduction and after that they dont need to repeat it...
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  #25  
Old 11-23-2010, 09:29 PM
gobytron gobytron is offline
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do your dd and be aware of your civil liberties.

trial and error is not the way to learn them.
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  #26  
Old 11-23-2010, 09:58 PM
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Always hilarious!

Between my gecko room and my aquariums (4) i have had a few inquiries from the cops. i usually show them around. twice they have contacted me for help with setting up a tank for themselves or their family
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  #27  
Old 11-24-2010, 02:50 AM
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Having been around a few grow ops over the years as a firefighter, (they start a lot of fires), I can say with some certainty that if the cops show up at your door to "check for a grow op", they don't really suspect it is and are just following up on a complaint.

When it is a real grow op, they do not enter the property until they have secured all warrants to ensure the case is not tossed on a technicality. They will use the fact that we have seen whatever it is that indicates it is a grow op to secure those warrants. Many times when we show up for the fire, the cops are right there to advise us that the property is a probable grow op so that we can take precautions in dealing with the situation. They all ready know about it, but are still gathering evidence to make the bust. If your running a grow op and your worried about being busted, be more wary of the firefighters, we have greater authority to enter a property under emergency circumstances than the cops do. We can even make them stay out
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  #28  
Old 11-24-2010, 03:23 AM
edreinink edreinink is offline
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Its interesting to see the different opinions and some of the lack of knowledge, some of the actual knowledge, and or the attempt by some to portray themselves as knowing all. Having been a police officer for over ten years, I do have a pretty good idea about what the law allows. So for those of you who are wondering, no police do not have carte blanche to enter any residence they feel like and unless there is an issue regarding human safety, ie domestic assault, home invasion, they require a warrant to enter your residence. Having said that the law does allow police to enter without warrant any dwelling, business or structure in the event that a 911 call has been made from that residence. This is to ensure the safety of anyone who may be in the residence. Forgive us if we ask to look around at such a call, this is because of the amount of persons who will (shock) lie to us. (For those of you who don't think we should enter after a 911 call, remember northern Alberta, where the lady called 911 about her ex husband trying to get in. Police did not respond because this was a regular occurrence at the residence, tragically her ex husband chose that night to kill her)If an officer shows up at your door and you invite him in, forgetting that you have a kilo of coke on the kitchen table, this then becomes an issue of plain view doctrine, allowing police to immediately arrest and seize the coke. Once they have completed those actions they are required to secure the residence and obtain a warrant to search the remainder of the house for further evidence. In regards to vehicles there is a lower expectation of privacy and the threshold allowing police to search is much lower. Incidental to lawful arrest, a police officer may search a person or a vehicle for the following three criteria, preservation of evidence, officer safety and the discoverance of evidence. So when a police officer pulls you over and you have just finished smoking a joint, based on his senses and his ability to articulate his experience in completing drug investigations, you may find yourself arrested. That officer can then search your vehicle without warrant for the three criteria listed above. A lot of times as police we receive information that we believe, (based on investigational experience) holds no merit. In such an instance and in the interest of saving time and money for the taxpayer, it is easier to confirm the suspicions by a simple knock on the door and requesting the information from the subject of complaint. This allows police to get on with real policing while completing due diligence for the public who may have called in the complaint. You will find that most police operate on the principal of respect given for respect received, unfortunately in todays society media has portrayed all police to be corrupt either through film, games or news. Often the news presented does not truly represent what has occurred and police are unable to correct due to ongoing investigation. When the opportunity does finally allow for correction, it has become old news and no longer worthy of reporting. Don't get me wrong there are bad police officers out there, when your police force has over 23000 police officers, then yes there will be bad apples. These bad apples usually land the police force in the spotlight. If a police officer is perhaps rude to you one day, keep in mind that it may be because he just had to notify a family that he just finished scrapping the remains of one of their loved ones off of the road after a horrific crash or that perhaps their loved ones have just been stabbed or raped and are in hospital waiting for family. It could be that he has just been in a fight with an infectious individual who may have bit or spit on him and now he is worried about having contracted hep c or hiv. Now he has to explain to his wife why he cannot have any close contact with her for a lengthy period of time. If you are worried about an officer having nothing better to do then enter your house to hassle you, keep in mind that for the average officer his workload far exceeds what he can hope to accomplish in a day, and he truly has better things to do than waste both his and your time. For those of you who have formed an opinion of police without truly experiencing what they go through on a daily basis, I suggest contacting your local agency and requesting to go on a ride along.(not all agencies allow ride alongs) For those of you who have been offended at one time or another by a police officer, I apologize to you on their behalf. Respectfully yours Cpl. E. REININK RCMP
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  #29  
Old 11-24-2010, 03:35 AM
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kien kien is offline
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Its interesting to see the different opinions and some of the lack of knowledge, some of the actual knowledge, ..... I apologize to you on their behalf. Respectfully yours Cpl. E. REININK RCMP
That's a lot of great information, thanks! However, you forgot to mention anything about those neat black unmarked helicopters that keep hovering over my house. What's up with those!?!
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  #30  
Old 11-24-2010, 06:26 AM
edreinink edreinink is offline
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my guess would be cia they are the only ones with black unmarked helicopters. I hear if you wrap your head in tin foil they can't read your thoughts. Sorry, bad attempt at humor.
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