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-   -   Help Was This A Legal Pullover And Ticket? (https://www.gtcarz.com/traffic-tickets-car-insurance-discussion-18/help-legal-pullover-ticket-33122/)

gldwngr 12-01-2006 12:00 PM


Originally Posted by lordmorg
one word

ENTRAPMENT

That's a nice word, but the wrong one for this discussion.

Entrapment is when police persuade you to commit a crime that you would not otherwise considering doing. It has nothing at all to do with search and seizure.

gixxer_boy 12-18-2006 08:06 PM

Fight it to the END bro....

kazanak 12-20-2006 03:22 PM


Originally Posted by gixxer_boy
Fight it to the END bro....

I'll second that. :thumbsup:

If you haven't already done so, request full disclosure of evidence from the prosecutor. He is obligated to provide you with all evidence he intends to use against you at trial. If the cop got you on radar, it will be in the officers notes. If he was relying on visual cues and his service vehicle speedometer, your chances of having this tossed are greatly increased.

If you need any help, PM me. There's also an extensive and very helpful tutorial available online (and free) at: http://www.roadwarriors.ca/resources/tutorial/

...and gldwngr, "lawful". That's a very important word which you consistently leave out of your justification.

Bookm 12-20-2006 04:40 PM

Regarding radar detector search, I can't find the thread at Radar Roys just now, but it has been reported there that the Police CAN search your car if an RD is suspected. But they CAN'T search your person. So it has been suggested that you shove it down your pants.

gldwngr 12-21-2006 04:22 AM


Originally Posted by kazanak
...and gldwngr, "lawful". That's a very important word which you consistently leave out of your justification.

Let me rephrase - there are several grounds by which a cop can conduct a lawful search and seizure without warrant on your vehicle. Legal justifications for lawful search and seizures can be found in the HTA, CC, LLA, TTA, and various other federal and provincial legislative acts.

Regarding being clocked by police car speedometer, in most courts that actually provides far easier grounds for conviction than radar.

To bookm, trying to hide a radar detector on your person can result in obstruct police charges. Trying to avoid an HTA ticket for the detector could net you criminal charges instead. Most people would consider than a rather stupid trade.

Bookm 12-21-2006 10:23 AM

Hehe, "obstructing justice".. lol, ya I 'spose that could happen. But when we Ontarians are subject to a law that doesn't exist in MOST states and even SOME other Provinces, I hardly consider OUR RD law "justice". Heck, guys with RD's are treated harsher than a guy in possession of pot, and THAT'S illegal everywhere (in North America).

Here's how to make our streets a little safer... ALLOW radar detectors, then setup radar emitting "beacons" at schools, playgrounds, and tricky intersections. This would actually ALERT motorists of upcoming conditions requiring more attention to your speed, in a more blunt way than just erecting yet another sign on the side of the road. I know from experience that I slow down the second I hear that first "beep", even if it's a false alarm. But since I lost mine to the Spectre (years ago), that doesn't happen anymore. Now I have to divert much more attention to spotting cruisers (and pacing from behind). I know radar detectors don't encourage people to speed any faster than they would without one. Radar Roy was a life-long cop. Once he retired, he jumped in to the radar detector business with both feet. See, even cops have differing opions on this stuff ;)

Sorry... got off topic

MrStokic 02-12-2007 10:34 PM

instead of arguing about radar detectors how about you just do the speed limit especially in a school zone or intersection. and do you actually beleive that a cop wont search you if you refuse it. he is always going to be right especially if you did break the law, and ajudge is way more liekly to beleibe his story over a punk kid for instance. maybe if you are poite and comply rather than being a smartass eh would let you off. i think some people have listened to "99 problems" too many times.


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