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Driving Rain
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Post by Driving Rain »

Nark wrote:Search warrant= you have no choice.

Consent to serch= your choice.
A consent under duress is never your choice. (getting eatin alive by black flies and mosquitos for 8 hours) :roll:

Thanks to all who took the time to give me an answer.
Cheers
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Stoptheworld
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Post by Stoptheworld »

Just a question that I've been pondering since all this Tazer business(well actually quite a bit longer):

Quite a few years ago, some buddies went out to Penticton for Peachfest. The boys were in a van with a flat of beers in the back headed to some local festivities when they hit a checkstop. I don't know if they had been drinking but the Mounties spied the flat in the back, made them bring it out and then proceeded to pour out all the contents onto the road. No one was even given a breathalyzer or requested (forced) to do any tests and they were sent on their way.

I guess my question is, when has it been a crime for an adult to possess alcohol (these were not open) and when did we get rid of the right to face a judge or jury and be able to have redress in a court of law?

I know our constitution does not protect personal property rights (while it does guarantee discrimination) but does it not contain something against the unreasonable search and seizure and security of the person.

It just strikes me that in this country we allow cops, especially the Mounties to be judge, jury, and executioner
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Widow
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Post by Widow »

http://www.pssg.gov.bc.ca/lclb/licensing/laws.htm
Carrying liquor in a motor vehicle

You are allowed to carry liquor in a motor vehicle provided it is sealed and not readily accessible to anyone in the motor vehicle (stored behind the seat, in the trunk, etc.)

Taking home unfinished bottles of wine

You may take home a bottle of unfinished wine from a licensed establishment, but it must be sealed for you by an employee of the restaurant, bar, pub, etc., and, if you are driving, you must transport it properly - not readily accessible to anyone in the motor vehicle (stored behind the seat, in the trunk, etc.)
I would suspect that a flat of beer, in a van full of "boys", had better be tucked way, way in the back in order to be "not readily accessible to anyone". You'd probably be safer to transport boxed beer than a flat, unless you have a trunk in which to store it.
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Stoptheworld
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Post by Stoptheworld »

Thanks Widow,

Being I wasn't there and this was around 20 years ago, I'm not sure of all the facts. I'm still mystified by the wanton destruction of someone's property without due process of law. (More of a philosophical question). Seizure of said property would seem to be more appropriate with "The Boys" coming around the next day to the Cop Shop to pick it up. I doubt any of them would have been in the best condition the next morning to pick it up, seizure or not! :D

Kinda reminds me of the story about the fellow who pulls up to the dock after a long day of fishing, and not catching anything to find his wife waiting for him. After greeting each other the wife tells her husband she wants to take the boat for a spin. The husband hops out sans fishing gear, the wife hops in and away she goes.

In the middle of the lake, the wife is sitting reading a book. A fish and game warden pulls up and says,"Madam, do you have a fishing license?"

"No", is the reply

"Then I will have to charge you with illegal fishing" says the warden.

"But I am not fishing" says the woman

"Yes, but you have all the necessary equipment and the opportunity" replies the warden

"Oh", says the woman, "then I'm charging you with rape"

"What do you mean" says a shocked warden, "I haven't raped you!"

"Yes,but you have both the necessary equipment and the opportunity!"

The woman enjoyed the rest of the afternoon in peace
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Stop the World - I Wanna Get Off
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Stoptheworld
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Post by Stoptheworld »

My question would be how does one ever transport such an item in a van, minivan, or station wagon, or any hatchback for that matter, whose cargo areas are not separate from the passenger compartment?

Or do the cops treat a van full of guys vs. a van full of nuns differently in this case? If they do, that's bullshit.
Brings me back to my point about the complete subjectivity and the Mounties being the sole adjudicator to deprive a person the peaceful enjoyment of their property
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Youngback
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Post by Youngback »

cpl=atc, that situation very nearly happened to me. Coming from a friends house and had a burned out headlight which I was pulled over for. Had a 6pack of Van Isle Brewery Pale Ale which I had taken with me up north. They wanted to pour it out. No F-in way and I told him that. I was in a small hatchback stationwagon and the only way he'd let me go with it was if i put it under my tires in the back (I carry my snow tires with me) the only place I couldn't reach. Anyways, still got a ticket, which I disputed but the judge said it could have been worse. For every person in the vehicle the fine doubles. I asked the judge about my car being a stationwagon and his solution was to put it on the roof!! The guy who pulled me over wasn't RCMP though. A special Constable who sure-as-shit thought he was RCMP.
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oldncold
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tazzzzers a thought to ponder

Post by oldncold »

consider this / if tazers are safe a non lethal weapon then

WHY ARE THEY ON THE LIST OF PROHIBITED WEAPONS?

why can't you go down to the local hardware store and buy one ?

a kitchen cleaver is a lethal weapon in the wrong hands too.

but i don't think the average person picks one (cleaver) up to
run down the street .

here is the problem the lawyers are making laws to prohibit every thing to justisfy there on importance. when the society has no legal means of peaceful meaningful protest left , all the laws won't save the ass. that is when anarachy begins.

a simple anology is never back a cat into a corner unless you like to get
clawed. 8)
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