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Old 10-08-2015, 02:27 PM   #57
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Originally Posted by Tcoat View Post
Quelle excuse pour la recherche? Etait il une odeur ou quelque chose a voir?
Grammer and spelling probably suck but...
That's the thing there was no excuse/reason given for a search, he just popped his head in my car with his Maglite and started snooping around my things, saw a metal staple case and literally grabbed it out of my car.

Closed container with no smell and opaque so no grounds to search it nothing laying in the car such as crumbs or anything, now had it been an opened gym bag with things clearly visible from outside the vehicle it would have been very different but even in the event of it being a gym bag if it is closed you have an expectation of privacy (even if it the expectation of privacy is more limited in a car than say your home).
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Old 10-08-2015, 04:12 PM   #58
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Originally Posted by fumanchu1 View Post
In regards to what Jsimon?

basic human rights are the same and they prime over any other laws meaning don't care where you are in the US or Canada but the right to privacy still applies as does abuse of authority and other things of that nature. The process is different and the fine points may also be different.
Call the ICC.
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Old 10-08-2015, 04:25 PM   #59
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...until he found my fully highlighted penal code then started to refer to me as Sir...
Is that a euphemism? It reads like a euphemism.
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Old 10-08-2015, 04:31 PM   #60
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I said penal not penile. but no no euphemism just a book of laws from Canada
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Old 10-08-2015, 04:33 PM   #61
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Originally Posted by jsimon7777 View Post
Call the ICC.
International Cricket Council? Don't think they would be of much help.

What does the International Criminal Court have to do with this?

I can spew random words with no explanation too see:

Know the Common Law,

wave for Jurisprudence

Touch the lawyer (don't do that last one he won't like it)
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Old 10-08-2015, 04:41 PM   #62
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CA cops=pain in the ass? Holy wow
Entirely dependant on where you are, how much attention you draw to yourself and how many laws you break, just like any other state or country in the world.

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The price you pay to live in California. I don't care how nice some parts of that state are, I could never deal with such an oppressive government.

GL!
lol help me help me I'm so oppressed I can't rip my catalytic converters out for a 20 hp gain and bloody eardrums, 4 perfectly legal supercharger/turbo kits on the market good for nearly 100hp gains makes me feel so disenfranchised.

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Old 10-08-2015, 06:40 PM   #63
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lol help me help me I'm so oppressed I can't rip my catalytic converters out for a 20 hp gain and bloody eardrums, 4 perfectly legal supercharger/turbo kits on the market good for nearly 100hp gains makes me feel so disenfranchised.

I feel obligated to post this:

[ame="https://www.youtube.com/watch?v=l8ukak8P2vY"]Help! I'm Being Repressed! (Short Version) - YouTube[/ame]
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Old 10-11-2015, 01:42 PM   #64
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No offense, but this is incredibly bad advice.

Recommending perjury (a FELONY) in terms of "do you remember being pulled over" is beyond ridiculous. Also, a perjury conviction will be admissible against you in court automatically for the next 10 years as evidence of bad character in any possible case involving you. Also, a felony conviction will ruin your life. Why would you ever be this dumb?

Furthermore, the license plate number is so far from relevant here. The cop has your DRIVER'S LICENSE, registration, and insurance. Unless your argument is that someone stole your ID and was driving a different car this is a wash. Also, in CA, a fair amount of highway cops have car cameras anyway.

But the clerical error does nothing to refute the fact that YOU were driving the car. You can do a crime in someone else's car and it's still your problem.

I am constantly amazed by the amount of people willing to lie in court to avoid dealing with their own mistakes.

As usual, insert the standard disclaimer that I'm not giving you legal advice and I'm not your attorney, yadda yadda.

EDIT: The basic reasoning issue I missed because I was so focused on the finer points is that it is a FACT that he was pulled over by the officer.

How do we know this? BECAUSE HE IS HOLDING A TICKET ISSUED TO HIM AT THE SCENE! So that pretty much erases any chance he has of pulling a "Shaggy" and arguing "it wasn't me"...

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Well, maybe re-word it. I've seen some stupid shit in court and unless the officer wrote his drivers license number on the ticket, I'd say he has a better than average chance of this being dismissed because of the errors. Maybe where you live they don't throw stuff out because of errors, but I've seen plenty get dismissed for clerical errors. Never hurts to go to court unless you know you are dead wrong, but there's always a chance the cop might not show up for court, and I've seen this happen too. Saw one fool who was facing some major charges and didn't have a lawyer make the dumbest response to the judge he could have made. The judge asked him twice if he wanted a lawyer because of the serious charges and the guy says no. Then the judge tells the guy that the officer was not in court that day and he asks the guy "Do you want a continuance?"......and the dummy says yes. If he had said no, he would have walked. So it never hurts to go to court, especially if there are clerical errors. That's my opinion and I've seen people walk for lesser errors.
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Old 10-11-2015, 02:22 PM   #65
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I said penal not penile. but no no euphemism just a book of laws from Canada
Well, it's not the penal code. It's the Criminal Code. Probable cause (ie you, pulling off the road to park in (a probably not well lit) parking lot) is enough for a search of the car in some circumstances. Just as refusing to let an officer search your car. If he truly believes there's something illegal going on under your hood and you refuse him, he'll probably just say "lol k, I'm going to get a search warrant, sit tight for 15-20 minutes".

The fact of the matter is, if you have illegal mods, or decide to break the law (speeding, no front plate, rolling a stop because the stop sign didn't have a white border, etc.) be prepared to deal with the consequences, full stop.

Edit: I acknowledge there's bad cops out there, unfortunately, they're the only ones we hear about. No one ever tells the story of how a cop pulled them over for speeding and then let you off with a warning, or that time your house was broken into, and your wife and kids were really shook up so the cop gave you a name and number for a councillor to talk to.
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Old 10-11-2015, 02:47 PM   #66
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Anytime I want legal advice, I go straight to an internet forum. Everyone is a lawyer.
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Old 10-11-2015, 04:04 PM   #67
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Originally Posted by Cole View Post
Well, it's not the penal code. It's the Criminal Code. Probable cause (ie you, pulling off the road to park in (a probably not well lit) parking lot) is enough for a search of the car in some circumstances. Just as refusing to let an officer search your car. If he truly believes there's something illegal going on under your hood and you refuse him, he'll probably just say "lol k, I'm going to get a search warrant, sit tight for 15-20 minutes".

The fact of the matter is, if you have illegal mods, or decide to break the law (speeding, no front plate, rolling a stop because the stop sign didn't have a white border, etc.) be prepared to deal with the consequences, full stop.

Edit: I acknowledge there's bad cops out there, unfortunately, they're the only ones we hear about. No one ever tells the story of how a cop pulled them over for speeding and then let you off with a warning, or that time your house was broken into, and your wife and kids were really shook up so the cop gave you a name and number for a councillor to talk to.
Penal and criminal code both are considered acceptable and are used accordingly depending on where in the world you are.

You make a valid point about him getting a search warrant if you refuse but those are quite a few ifs. If the cop decides its worth his time to call in for a warrant, two depending on which judge he gets they may or may not issue a warrant and lastly that is if no other important emergency occur in the area where the cop needs to go asap aka violent crime or things of that nature that would take priority over you and your mods

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Old 10-11-2015, 04:05 PM   #68
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Anytime I want legal advice, I go straight to an internet forum. Everyone is a lawyer.
Nah, they're the guys who post videos of them antagonizing LEO's and showing their superiority and American-ness by standing up to the man with their excellent knowledge of their rights and legal options.

tl;dr the kids on the playground who shouted about 'it's a fee country' and 'i'll take it to the supreme court'.
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Old 10-11-2015, 08:05 PM   #69
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Anytime I want legal advice, I go straight to an internet forum. Everyone is a lawyer.
Well, IANAL, but let me give you some advice...
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Old 10-12-2015, 03:37 PM   #70
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Nah, they're the guys who post videos of them antagonizing LEO's and showing their superiority and American-ness by standing up to the man with their excellent knowledge of their rights and legal options.

tl;dr the kids on the playground who shouted about 'it's a fee country' and 'i'll take it to the supreme court'.
Tell me more, I'm actually Canadian if you were at least partially referring to me. And no antagonizing people will get you well deserved trouble, you don't go looking for trouble but I do think one should be ready should trouble eventually seek him rather know my rights and not need to enforce them than not knowing them in a situation that may benefit me if I did.
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