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Old 04-26-2014, 08:10 PM   #27
19Yzerman19
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Again I don't know where you would get your R&P grounds from unless you have some equipment that can detect these devices.

I realize you're a police officer, but I don't see how you get to the conclusion you've arrived at on the law in terms of there being circumstances where you can search a car for evidence but not a person.

EDIT: let me put it to you in a hypothetical. Say that you, somehow or other, have reasonable and probable grounds to believe that a motorist is driving a vehicle containing a radar detector in contravention of subsection (2) there. You pull him over and detain him. He gets out of his vehicle, at which point you do a pat-down (search incident to detention) and find the device. You have now uncovered evidence that he was committing the offence described in (2). At what point did you do anything improper?

Last edited by 19Yzerman19; 04-26-2014 at 09:43 PM.
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