go to the police station that the officer is from, ask to speak to the desk srgt and file a complaint, demand ur property back. he has no rights,
***** just a note to all if you feel you rights are being violated, at the scene you can ask for a supervising officer to be present at the scene, this will 100% stop anything illegal being done to your car or person. trust me it is procedure !! ******
and if that doesn`t work you can goto the court house and ask the recp. to speak to a court appointed attourny by law you get one and they can tell you what to do
they can easily get out of it if there was actually a car doing donuts at the scene of a theft. that’s reason enough (i know its stupid) for them to be able to search your car. i dont know about cell phone, i think thats a bit of an invasion of property. I’d still bitch the fuck out of them and do everything i can do make those cops eat shit.
and i dont think they can seize that… its not illegal to own a bov off a car.
I got pulled over a week ago, cuz i was driving my company car, and i work at toyota as a sales person, and of course, when im off work, i dont dress up, i put on my hat and my bum out clothes, the cop pulled me over saying they are looking for this male whos been stealing cars from dealerships…
ya man i graduated police college> they can’t search without a warrant or your consent. evryone has the right to be secure against unreasonable search or seizure. File a complaint. and take that shit to court!!!
jpod is right tho. They can search you if they have any reason to believe you were doing something wrong. So because your car “matched” another one that was around was reason enough. Its stupid. As for them taking your property I have no idea what that is about. They will probably go the the owner of the stolen property and see if they identify that as anything of their own. I would file a complaint tho.
I think you need to file a complaint. Take it to court. You’ve been violated of your legal rights clearly stated in the charter of rights and freedom. This is very serious, because they’ve violated sections 7 to 11. Sue them. Its important to know your rights - that way cops don’t mess with you. I’ve had a similar situation, but I busted out the legal rights sections and he backed off.
They cannot search you… UNLESS it is due process AFTER an arrest. (without your consent)
They can pull the plain view doctrine on you if they see something illegal (drug relate items, weapon related items etc.)/REPORTED stolen property in plain view in your back seat. They can use this doctrine to further search your vehicle and seize items.
SO depending on the situation, IF they had “probable cause” which stems from an actual theft in relation to a vehicle matching the description of yours, then unfortunately they had the right to search your vehicle and have you sitting in their backseat (for their safety)
HOWEVER if they made up a bullshit story to search your vehicle and seize items and they did not have any probable cause what so ever then your Canadian Charter of Rights have been violated and thats pretty serious (murder cases have been thrown you due to right violations) so definately look into wether or not the cop had the right to do what he did, and if not he can be in trouble.
Let me start off by saying that i have a Clean driving record … I do not have any charges or tickets of any sort (excepting a radar detector ticket -no point).
I have Never been arrested and/or charged with any crime.
I do not do drugs … and didnt have any in the car.
All i had in my back seat was my school bag, a fire extinguisher , a exhaust silencer the bov and other mis papers.
They went through my Glove box and my bag was opened and searched … they made a real mess … all my reciepts and other mis stuff was scattered throughtout the car.
He did say that my car was caught on video tape doing " donuts at the scene of the theft" which is total bs .
This is exam week and my car has been in my garage the entire time!
Anyways… so i did go to 12 division.
I stepped in and said i wanted to file a complaint… everything stopped… The cadet asked me why and i gave him an explanation. He seemed confused and called an actual officer… who then asked another officer and another. finally after waiting for 45 Mins i get a Staff sgt who said that i should come back later on tonight because that is when the Staff sgt who is in charge of the office will be on duty.