Quote:
Originally Posted by Magma
Wrong, Police may enter a home, or vehicle if they have probably case to suspect something is going on. To many people have this false idea that cops cant do anything without a warrent (thank you hollywood) when in fact if you were pulled over by the cops and they suspected drugs in the car, guess what your sitting there while they go through your car no warrent needed, same thing with a home, if you open the door to the cops and a big cloud of smoke comes out the door guess what they can walk right in.
That being said....anything they find is only grounds for you to be taken away they wont be able to have charges stick to you untill they have a warrent to go back and search the house for evidence.
Yes I know this from experiance, cops walked right into a house party because they could see from the doorway what they thought looked like a bong (it was a coloured vase with no flowers in it) and then they explained how they can do that. Hollywood has screwed up what we the citizens think our rights our because lets face it most of the movies we watch are from the USA not Canada  Same thing when you ask a cop for his badge number he only has to give you either his Name (first or last doesnt have to be both) OR his badge number. |
You can deny them entry and then they have to petition a JP or judge to get them a warrant. Unless they have specifically witnessed a crime in progress then they can do whatever they want within reason. The within reason part will come up and be decided during the trial.
Information for search warrant
Allows police to search a building.
487. (1) A justice who is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in a building, receptacle or place
(a) anything on or in respect of which any offence against this Act or any other Act of Parliament has been or is suspected to have been committed,
(b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence, or will reveal the whereabouts of a person who is believed to have committed an offence, against this Act or any other Act of Parliament,
(c) anything that there are reasonable grounds to believe is intended to be used for the purpose of committing any offence against the person for which a person may be arrested without warrant, or
(c.1) any offence-related property,
may at any time issue a warrant authorizing a peace officer or a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and who is named in the warrant
(d) to search the building, receptacle or place for any such thing and to seize it, and
(e) subject to any other Act of Parliament, to, as soon as practicable, bring the thing seized before, or make a report in respect thereof to, the justice or some other justice for the same territorial division in accordance with section 489.1.
http://everything2.com/title/Crimina...ure+and+Powers
I guess I'm a poor Canadian. I don't trust law enforcement or the court system. Check out the firearms act and you'll see the slippery slope that has been embarked upon in Canada. The stuff they are getting away with in there sooner or later will be used by the state in other areas of Canadian's lives. As Canadians we need to start saying no to infringements on our privacy and rights.