Quote:
Originally Posted by 19Yzerman19
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?
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Except I haven't, I have evidence he has a radar detector on his person. That gives me nothing as I have no legal authority to confiscate it while on his person. Why would I be detaining him? It is a fine, loss of device, and away you go. I know what you are trying to say and I could write up the fine however if he fights it and he will the judge will not only throw it out, he will be pissed I have wasted the courts time and my staff sargeant is pissed I am wasting my own time. You have to be really careful with how laws are worded because it is easy to slip up and even easier for some shark defense lawyer to tear you a new one. Not saying in this case there would be a lawyer, it is just traffic court but some guys with money will bring a lawyer to traffic court. I would ask him to put it in the trunk and go about my business. You got to pick your battles.