STI Driver Seized, Ontario

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Originally Posted by kpatz

A throw-away detector won't fly if the cop already "knows" you have an STi though... have your friend buy a Redline from Radarbusters or another authorized dealer, then hardwire and mount it high where it can't be seen from outside... then keep a cheapo handy to hand to the highway robber.

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Radarbusters doesn't ship to Canada.

I did not know this, but if the police have reason to suspect you are carrying a radar detector, they may inspect your vehicle to look for and confiscate it. (Penalty for carrying one is $2,000.00 max.)

This according to the SP Hardy (Motor traffic lawyer) & Victorian Motor Traffic Law FAQ. That's some hard core stuff..

Direct from the Highway Traffic Act (Ontario, 1990)

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Powers of police officer

(3) A police officer may at any time, without a
warrant, stop, enter and search a motor vehicle that he or she has reasonable
grounds to believe is equipped with or carries or contains a speed measuring
warning device contrary to subsection (2) and may seize and take away any speed
measuring warning device found in or upon the motor vehicle. 1996, c. 33, s.
12.


Forfeiture of device

(4) Where a person is convicted of an offence under
this section, any device seized under subsection (3) by means of which the
offence was committed is forfeited to the Crown. R.S.O. 1990, c. H.8, s. 79
(4).


Penalty

(5) Every person who contravenes subsection (2) is
guilty of an offence and on conviction is liable to a fine of not less than
$100 and not more than $1,000. R.S.O. 1990, c. H.8, s. 79 (5).

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Keep in mind that on top of whatever fine you get, there is a hefty "Victim surcharge", so your actual fine will be somewhere from $170 - $1,500.

I personally question whether the cop had legitimate "reasonable grounds" to make this stop in the first place. If I were this fellow, I would consult with a lawyer or one of those ticket defense places (if you can find a trustworthy one) to get thier opinion. It wouldn't be the first time a person who was caught in the possession of contraband got off due to a technicality / error on behalf of the cops. The fact that he was actually in possession of an illegal RD may be irrelevant if the cop's traffic stop was illegal.

On a related note, search YouTube for a video titled "Don't talk to the police"...some great tips on how to conduct yourself if pulled over by police and how to prevent incriminating yourself. Since watching it, I know that I will conduct myself differently next time I am stopped.

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Originally Posted by Wannago

I personally question whether the cop had legitimate "reasonable grounds" to make this stop in the first place. If I were this fellow, I would consult with a lawyer or one of those ticket defense places (if you can find a trustworthy one) to get thier opinion. It wouldn't be the first time a person who was caught in the possession of contraband got off due to a technicality / error on behalf of the cops. The fact that he was actually in possession of an illegal RD may be irrelevant if the cop's traffic stop was illegal.

On a related note, search YouTube for a video titled "Don't talk to the police"...some great tips on how to conduct yourself if pulled over by police and how to prevent incriminating yourself. Since watching it, I know that I will conduct myself differently next time I am stopped.

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Dude, we're in Ontario. Might as well be Nazi Germany if you get pulled over by an Ontario LEO for CM's. We have no rights in this province. Virginia is like heaven for us, hell to the US members. That should tell you something. Dcdave went through the same thing a few months back. It's theft by the Crown if you ask me. Safety, my A$$

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Originally Posted by wolfpacal

...Dude, we're in Ontario. Might as well be Nazi Germany if you get pulled over by an Ontario LEO for CM's. We have no rights in this province. Virginia is like heaven for us, hell to the US members. That should tell you something. Dcdave went through the same thing a few months back. It's theft by the Crown if you ask me. Safety, my A$$

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What he said... ;)

I never thought I would say I am glad I am in Virginia!

I wonder if the cop does what most cops do with nice toys. Throw it in their locker for 6 months and wait to see if someone asks about it.

No one asks, its now recovered by the officer as found property.

Is that all there is to this story??

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Originally Posted by wolfpacal

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Originally Posted by Wannago

I personally question whether the cop had legitimate "reasonable grounds" to make this stop in the first place. If I were this fellow, I would consult with a lawyer or one of those ticket defense places (if you can find a trustworthy one) to get thier opinion. It wouldn't be the first time a person who was caught in the possession of contraband got off due to a technicality / error on behalf of the cops. The fact that he was actually in possession of an illegal RD may be irrelevant if the cop's traffic stop was illegal.

On a related note, search YouTube for a video titled "Don't talk to the police"...some great tips on how to conduct yourself if pulled over by police and how to prevent incriminating yourself. Since watching it, I know that I will conduct myself differently next time I am stopped.

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Dude, we're in Ontario. Might as well be Nazi Germany if you get pulled over by an Ontario LEO for CM's. We have no rights in this province. Virginia is like heaven for us, hell to the US members. That should tell you something. Dcdave went through the same thing a few months back. It's theft by the Crown if you ask me. Safety, my A$$

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X3

Americans have no idea how bad it is in Ontario. Canada has a gutless Charter of Rights (similar US Bill of Rights), where any "right" the citizen has can be trampled upon or ignored by the police. Canadian citizens are protected from unreasonable search and seizure just like Americans, however Canadian courts somehow think that a cop can pull you over and dig through your car for a radar detector even if you clearly state that you refuse to have your vehicle searched.

Virginia is a joke. You get some measly $40 ticket for a radar detector. In Soviet Ontario, the police can ransack your car and seize your detector and slap you with a multi-thousand dollar fine. Ironic part is that nowhere in the law is it illegal to own or use a detector!!! Its just illegal to have one in a car.


J/

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Originally Posted by jerry540i

Ironic part is that nowhere in the law is it illegal to own or use a detector!!! Its just illegal to have one in a car.

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Hmm... thinking of loopholes... if it's illegal to have one in your car, maybe mount it to the outside of your car! Then it's not in the car, haha. If the wording doesn't allow for that, have a bicyclist pace you with a detector. See, it's not in a car, so it's legal! Bwahahaha!

Stupid laws should be broken. ;)