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  1. #1

    Default Hello from Canada

    I'm here on the forum to find out more about the criminal code 129 and laser jammers, I want to know the law and how LEO might be misusing the criminal code as per the charter of rights.

    The setup I've found out from tons of research works best is V1+ Bel sti r plus/9500ci & LI product.

    Recently there have been many posts about LEO in BC, Canada seizing jammers, and I want to know more about how they can mis use the criminal code.

  2. #2
    Advanced Member
    Join Date
    Nov 2009
    Heart of Dixie

    Default Re: Hello from Canada

    Welcome and enjoy!

  3. #3

    Default Re: Hello from Canada

    No one replied so I thought I would. I am sure you have been reading the forums and recently saw the post stating that a guy got pulled over for suspected jammer use and was charged under section 135.1 of the motor vehicle act for obstructing a traffic control device. My thoughts are:

    a) Cops and the drivesmartBC site have implied you can get charged with CRIMINAL police obstruction for using a jammer. The person I mentioned was charged with obstruction of a traffic device under the BC traffic act. This is not a criminal charge. This says to me that either the officers are not consistant in applying the law or that they have tried to charge people with criminal police obstruction and got slapped by the courts. I would not be surprised if it’s the latter.

    b) If they are charging people under the traffic act then they have no grounds to search vehicles or your person for a jammer unless you consent. Warrantless search can only be performed if there are reasonable grounds or suspicion that a criminal act has taken place, not a traffic violation. They can only search you without consent if you are charged and arrested for a criminal act.

    c) The poster who recently got charged for his jammer mentioned they confiscated it. This violates section 8 of the charter of rights and freedoms as in his case no criminal act was being alleged, only a traffic act violation. And warrantless search and seizure can only be performed if there is suspicion of a criminal act AND that there is reasonable suspicion that potential evidence will be destroyed if time is spent getting a warrant. Of course a warrant cannot be issued for a traffic violation.

    d) Further to the confiscation of jammers…right now, under the law, bath salts (synthetic cocaine) can ONLY be confiscated if labeled/marketed as ecstasy or other illegal drug. As this type of synthetic cocaine is not defined as illegal presently police cannot confiscate it if it’s labeled as bath salts, hence why it is sold and marketed as such. Messed up, I know, but the point is that Laser Jammers are also NOT illegal in BC and therefore cannot or, to be more exact, SHOULD not be confiscated by police as there is no provision in the traffic act that allows for their seizure like tinted license plate covers or dark window tint.

    I honestly think that there is a lot of chest pounding by BC cops right now in regards to jammers. I have no doubt that they have charged people with obstruction in the past. BUT this recent post by another forum user seems to indicate that they are now charging under the traffic act, not the criminal code. Says to me that the RCMP got slapped for hitting people with obstruction over what is a traffic violation in other provinces. Being that they seem to charging people with traffic violations they do not have the right to search you or your car and they do not have the right to confiscate your jammer without a provision in the traffic act that says they can do so. But they are trying apparently, which is a major pain in the a$$.
    Last edited by frizzlefry; 07-05-2012 at 04:05 PM.

  4. #4
    Radar Fanatic
    Join Date
    May 2010

    Default Re: Hello from Canada

    And there you have it so use your best judgement.



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