Interesting legal discussion on CBC now on why Ford was never stopped or searched, especially during the times with envelopes or drops. Obviously I know it has to do with having probable cause with which to get a legal search and arrest, but I think a lot of people are wondering just what it takes and how close it was, because it's seems to be pretty damning in some cases. Turns out, it was very close.
I may get some of my terms mixed up with US legal terms, so I apologize, doing my best to convey complex information here. But the basic idea stands, because most of their information was hearsay (wiretaps being considered hearsay, as they aren't backed up yet with evidence or an admission or willingness to go to court) there wasn't enough evidence to make a search and seizure stand up in court. He said they could have done it, and may have even done it in a case that didn't have such a public figure, but a good lawyer would probably get the investigation and case thrown out because there wasn't enough suspicion yet to do a search. At least according to the charter.
Did admit that police may sometimes pursue a search in investigations like this where the person investigated isn't as public, or wouldn't have the resources to legally fight an 'iffy' search, but in this case, given that it was the mayor, they had to have a stronger case for suspicion given what they knew would happen once the story broke. (EDIT: Obviously don't like that, what is the rule for a rich or public person should be the same for poor unknown person, but we all know the system works like that, just one of the many perks of having money of course. The lawyer did seem to say it probably wouldn't (and shouldn't) happen to others, but it's possible) Apparently there were in some gray areas for sure, and it was close.
Also sounds like, rightly, the police wanted to make sure all their I's were dotted in case it did get big enough to go to court, as they didn't want Ford wriggling out of trouble.
Last edited by Daradon; 12-05-2013 at 11:59 AM.
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