Protect your CONSTITUTIONAL RIGHTS with these "MAGIC WORDS"

Thank-you Sadvocacy for this sage advice. Even in a nothing encounter this is the way to go, so as to not escalate nothing into something.

SADVOCACY, Excellent information. It might be a good idea just to print your post and stick it in the glove compartment!
When the cop was breathing heavily on you while you're still sitting in your seat you could be reading all the instructions you posted and the cop with think, " Oh bummer, he/she knows the deal"!

Great stuff as always!

What is the rule in Canada about searches of motor vehicles for officer safety -- analogous to Michigan v. Long, 103 S. Ct. 3469 (1983) in the U.S., also searches subsequent to arrest?

In a way dont you want the police to violate your rights as most of whatever evidence they likely have will be dismissed?

I heard a common trick in the US is to get you out of the car and make you wait. Then offer to get your jacket from the car. This then allows them to see inside your car.

frankcastle said:

I heard a common trick in the US is to get you out of the car and make you wait. Then offer to get your jacket from the car. This then allows them to see inside your car.

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As the Founding Fathers discovered, there is no civil right to be comfortable while asserting your inalienable human rights.

What your saying is great in theory but in reality the cops will totally disregard any civil right s you have weather it be intimidation, deception,lying and even breaking the law. For example --
Two cops broke into my condo the other night at midnight to serve papers to a woman, (we have it on video) the woman called me because she was scared to death when they started banging on the door. They could have used the intercom system system and called up or called security to escort them. This is breaking and entering but the manager is will not complain because he doesn't want trouble. That alone should tell you how intimidated people are when dealing with the police.

Mr Deeds said:

What your saying is great in theory but in reality the cops will totally disregard any civil right s you have weather it be intimidation, deception,lying and even breaking the law. For example --
Two cops broke into my condo the other night at midnight to serve papers to a woman, (we have it on video) the woman called me because she was scared to death when they started banging on the door. They could have used the intercom system system and called up or called security to escort them. This is breaking and entering but the manager is will not complain because he doesn't want trouble. That alone should tell you how intimidated people are when dealing with the police.

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Just how did the "police" break in? Since you have it on video, care to share the details? I am assuming somebody let them in, either through exiting or buzzing in.

Are you sure these weren't summons servers or someone working for a law office?

Besides, when someone is being served papers, it's usually best that they don't know this, until they physically have the papers in hand and are told so. Your neighbour obviously got a summons to appear I am assuming and the hour tells me that they've tried before and had no success. She may have been avoiding this, so they use whatever tactics within the law at their disposal.

dirkd101 said:

Just how did the "police" break in? Since you have it on video, care to share the details? I am assuming somebody let them in, either through exiting or buzzing in.

Are you sure these weren't summons servers or someone working for a law office?

Besides, when someone is being served papers, it's usually best that they don't know this, until they physically have the papers in hand and are told so. Your neighbour obviously got a summons to appear I am assuming and the hour tells me that they've tried before and had no success. She may have been avoiding this, so they use whatever tactics within the law at their disposal.

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o
First off they were the cops, one of them jimmied the door. they were serving papers for her son who had assaulted her and this was the only address they had for him. No body let them in as it shows on the video. And why would they be there at midnight. there was no avoidance the cops were trespassing. This isnt the first time this has happened and it wasnt within the law

Quite a few years ago the cops in London broke through an apartment door to search an apartment belonging to a drug dealer. There was a dog in the apartment which they shot and killed. It turned out the drug dealer had moved out several months ago and the apartment was now occupied by a young woman who had no connection to the former tenant. If I remember correctly they charged her with having a weapon, a pocket knife. That ridiculous charge was dropped.
The super of the building asked why the cops didn't contact him to let them in so the door would not have been damaged. The answer was that they didn't have to. As for why they didn't know the guy they were after had moved, the answer was, oh well, it was just a mistake.
The young woman sued the police dept. for, I think, about $250,000.00. I never heard what kind of settlement she got but I hope it was substantial.

Mr Deeds said:

o
First off they were the cops, one of them jimmied the door. they were serving papers for her son who had assaulted her and this was the only address they had for him. No body let them in as it shows on the video. And why would they be there at midnight. there was no avoidance the cops were trespassing. This isnt the first time this has happened and it wasnt within the law

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That's a good story.

This is confusing;

they were serving papers for her son who had assaulted her and this was the only address they had for him

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I'm assuming they were serving papers on the son who assaulted his mother and it was the last address they had for him? I am not 100% certain anymore, but doesn't a summons to appear for a CC offense have to be served directly to the person that they are for, and not another party?

I suggest if you have issue with this, bring a complaint through the proper channels to deal with this. It appears you have issue with what happened.