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Searched & arrested

Thanks for the advice!

MadPoet: Yes, cop kept pointing out that I am to appear in court for BOTH tickets at the same time, same place.
If I miss court, I'd have a warrant out for my arrest. lol excellent use of tax payer money.

Anyway, I could also hope that possession of small amounts of pot becomes legal before my court date LOL.
 
If you don't consent what r the po po's options?

They cannot search u and if they do, the evidence is not admissible in court. But I am not sure on this tho, I am not a lawyer, lol.

Sometimes its good to know your rights. I think I should pick up some law books during my lunch time
 
Wasn't that decriminalized? Shouldn't it be like a parking ticket?

Correct. The judge who ruled it gave the federal government 3 months to come up with some sort of solution. That was on April 11th. Hopefully it is decriminalized within the 2.5 months left.
 
They can't do ANYTHING. You simply should not have told them you had it on you. Even if they DID still search and find it, you would have gotten off for un-reasonable search. They cannot search you simply because you violated a HTA offense. When it comes to Police.....the rule is to ALWAYS say nothing. Too bad you said that, because that then gave them the right to locate it, and charge you. This will not be as easy to get off as you may think, and it will have HUGE repercussions in many other areas in the future, trust that.

There is something that popos can say. Police discretion.

But if it is taken to court, if the charges are minor and/or stupid, you'll probably end up winning with a good lawyer.
 
As long as you did not consent to the search, there is a good chance that a good lawyer will make sure the judge interprets it as illegal. Since they obtained your confession while performing an illegal search, you have a solid shot of getting off. Never admit to anything to a cop. Never consent to a search. If you have any contraband on you and they are either searching you illegally or making up some probable grounds, just request a lawyer and keep your trap shut. It's kinda scary when a normal, working, married, law-abiding individual has to do enough homework to know this much just in the interest of CYA.
 
Im not a lawyer, but since the ruling where the possession charges were dropped, cant he simply take it to court ASAP (before the ruling is possibly overturned) have the lawyer quote that case and unless they drop the charges it is discrimination (since they let one guy off, but not another).
 
As much as I would love to see it decriminalized, I think it's far more likely that the Conservatives will simply change the law to something they see fit, since they're now forced to because the Judge ruled the laws unconstitutional in their current state.

Every other party supports decriminalization btw (Could be wrong about the Bloc, but who cares about them anyway)
 
They can't search me unless they have reasonable suspicion, and I wasn't sure if being able to smell it or not was reasonable enough (since they mentioned getting a "wiff" of something) so I pulled the honesty card. I don't call that being "dumb".

They teach them to say they smell weed on day one of police academy! The only thing they actually smelled was fear.

As far as reasonable cause for search, they can make up any old BS they want. --> Insert long boring personal story with minor penalty here <--

Go to court, the weed charge if anything, will be like a parking ticket... for 2 measly grams, come on this is canada. Careless for passing someone is a ****ing joke! They are just trying to stress you out, or they are trying to show their incompetence. Either way Mission accomplished!!
 
Wow, that sucks bud, I hope your lawyer is good. Where is turbo???
 
I am not a lawyer and would suggest you call one.... and not one that leaves you with questions for the GTAM board. If handled right, you have nothing to worry about...

No one wants to try a $20 bag... including the crown.
 
Wow, that sucks bud, I hope your lawyer is good. Where is turbo???

Doing the paperwork after he and his buddy laid a possession and a Careless driving charge on some poor bastard
 
The scumbags in uniform did this whole thing to you because they were ****** off you passed them and wanted to teach you a lesson, they want you and others to know they are gods and they can do whatever they want.

It might sound stupid, but it's exactly why they put you through all this ****.

Police have way too much power and are not controlled enough, and in my opinion that makes them a lot more dangerous than criminals.
 
dude that sucks...only time i ever been caught i had the same amount and all they did was take it with my pipe...****ers probably went and smoked it themselves. it was real dank.
 
No offense, but you need to understand that what you did IS illegal, and you are now just doing what ALL people before the courts do, and that is to "justify" why you broke the law. There are TONS of laws I don't agree with, but its very simple.....if I don't want to get charged, then you simply don't do it. The attitude you are carrying about this now, will certainly earn you a stiffer penalty with the courts if you carry it into there.

Even if you DO get this charge dropped (I doubt it though), you still will have difficulty with crossing border because it will remain on your record for 2 years even if they drop it. Anytime someone is charged under the CCC, it remains on their criminal record, even if the charges are later dropped, or reduced, for 2 years from that day. Question this with your local RCMP if you doubt what I am saying (I learned this personally).

Your only REAL chance of getting off this, or having it reduced, is to own that you did it, show serious remorse, and let them believe it was an isolated incident that will not repeat. Because its your first offense, they may be inclined to not want a "permanent stain" on your future.

As for your other question, YES if the officer said he could smell the cannabis, then that DOES form "reasonable grounds" for him to conduct the search, and what he found IS admissible as evidence. This doesn't matter though, because the minute you told him you had it, that gave him the right to search and seize it. Get a lawyer my friend, because you VERY much need one.
 
Upon conviction (if you are convicted), your lawyer can ask for a "conditional discharge" that will ensure this will not stay on your record. This is given in situations like this. They will give you a short term of probation, then when that expires, the conviction is "discharged" and your record is cleaned 2 years from that date. The purpose of this is to ensure you employ-ability, as well as give you incentive to not have this re-occur.
 
The scumbags in uniform did this whole thing to you because they were ****** off you passed them and wanted to teach you a lesson, they want you and others to know they are gods and they can do whatever they want.

It might sound stupid, but it's exactly why they put you through all this ****.

Police have way too much power and are not controlled enough, and in my opinion that makes them a lot more dangerous than criminals.

I suspect this is exactly why they stopped you. In their minds you should have seen that they were cops (notwithstanding the unmarked vehicle) and you dissed them by passing. You should have kept a respectful distance and not intruded on their space. Plus you're on a motorcycle so obviously one of the unloved.

By the way, as far as crossing the border, you were screwed when they arrested you. That's on the record now regardless of outcome and is grounds for exclusion to entering the US.
 

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