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Cobalt_Daddy 04-29-2013 06:00 AM


Originally Posted by Baltbitch (Post 7019992)
Maybe where you are from. Like I said where I am they cannot do that. Sadly the person I am speaking of is someone very close to me, and he did in fact get off of drug tracking charges because it was an illegal search.

The argument was they could have towed the car and searched it, and his argument was that crack heads would have had that car cleaned out before the had a chance to search it.

The judge ruled illegal search of a vehicle, and he was off of all charges.

With the right lawyer you can get off of anything,

The gopro can in fact become not submissiable in court due to an illegal search.

Just like if you record someone without their knowledge of the recording it becomes useless.

with the right lawyer you can fight it but the search is still legal, that's all im saying. it's all circumstantial. If the judge sides with the officer and believes he has enough evidence to support the need to search and seize then it would be admissable. it will really depend on the persons lawyer and how it all comes out in court. The go pro was out in the open. If cop sees something illegal or somethign that may be evidence on the seat in plain view does he require a warrant? hell no.

and yes you can record someone without their knowledge and have it admissable in court. how do i know? because i have done so on advice of my lawyer. the caviet is the recording can only be used to defend yourself against accusations, not to prosecute.

that being said. if you weren't able to use recordings for evidence than every closed circuit television system used for security and evidence gathering would be useless since a theif could claim they didn't know they were being filmed..

in this case i think the officer had a very good vehicle description, plate number and general area the car was in. Also if the person/s who called it in noticed the gopro then they were probably able to put two and two together and inform local law enforcement that there may be video evidence. in which case the office would have seized the gopro as evidence or to investigate the claims.

GoodLuckBro 04-29-2013 06:27 AM

If you roll your window down completely, it gives the officer the right to look into your car. If you crack the window he doesn't have permission to do so. I learned that in a law and justice class.

Cobalt_Daddy 04-29-2013 06:36 AM


Originally Posted by GoodLuckBro (Post 7020299)
If you roll your window down completely, it gives the officer the right to look into your car. If you crack the window he doesn't have permission to do so. I learned that in a law and justice class.

you do know most windows are clear right? lol

try telling that to a judge when a cop sees something illegal through the windows and you say "but your honor! i never rolled my window down all the way! he had no right to look into my car and see that illegal object!"

riiiiiiiight...

Vander Nars 04-29-2013 06:59 AM

I get the feeling cobalt daddy supports illegal searches.

GoodLuckBro 04-29-2013 02:28 PM

Cobalt daddy is the law. He knows all. Putting your window down is the same as giving him permission to search. If your window is cracked a little he has to have a warrant.

Baltbitch 04-29-2013 04:13 PM


Originally Posted by Cobalt_Daddy (Post 7020294)
with the right lawyer you can fight it but the search is still legal, that's all im saying. it's all circumstantial. If the judge sides with the officer and believes he has enough evidence to support the need to search and seize then it would be admissable. it will really depend on the persons lawyer and how it all comes out in court. The go pro was out in the open. If cop sees something illegal or somethign that may be evidence on the seat in plain view does he require a warrant? hell no.

and yes you can record someone without their knowledge and have it admissable in court. how do i know? because i have done so on advice of my lawyer. the caviet is the recording can only be used to defend yourself against accusations, not to prosecute.

that being said. if you weren't able to use recordings for evidence than every closed circuit television system used for security and evidence gathering would be useless since a theif could claim they didn't know they were being filmed..

in this case i think the officer had a very good vehicle description, plate number and general area the car was in. Also if the person/s who called it in noticed the gopro then they were probably able to put two and two together and inform local law enforcement that there may be video evidence. in which case the office would have seized the gopro as evidence or to investigate the claims.

I had a video of my ex admitting to doing really bad things and it couldn't be used because he didn't know he was being recorded.

That's why it says "your call may be monitored" or "security cameras on premises"

Baltbitch 04-29-2013 04:16 PM

Laws are different from province to province.

My aunt was a family law lawyer in Alberta, and when she moved to BC she could no longer be on practice as there laws are different. She now works for the government :lol:

SSSnoop 04-29-2013 07:54 PM

A cop can seize narcotics if they are obvious - 'cause their illegal. Same with weapons. A gopro is not illegal, and I'm betting what evidence that's on the gopro would be considered the same as the information on your cell phone - not to be touched unless there's a warrant. Is the law that different in Canada that your electronic devices are not covered?

Say OP's bud used his iphone instead of a gopro - would the officer have the right to seize everybody's camera-equipped cell phone in the car, and view the data on those devices - claiming investigation of stunting gives him permission to view electronic data without a warrant? And what if his pal had videos of far more illegal stuff on that gopro as well - would be be chargeable on that as well?

Cobalt_Daddy 04-29-2013 07:59 PM


Originally Posted by Baltbitch (Post 7020792)
I had a video of my ex admitting to doing really bad things and it couldn't be used because he didn't know he was being recorded.

That's why it says "your call may be monitored" or "security cameras on premises"

it doesn't matter what your ex was doing... what matters is if someone is accusing you of saying or doing something... you can use a recording to prove those things were never said or occured without having to tell them it was recorded. as i said... it can't be used to prosecute.. only as a defense.

do shows like W5, fifth estate etc, tell people they interview on a hidden camera that they are being recorded? nope. so how are they able to air it on tv without consent? because that would be slander no? depends on how the evidence and recordings are being used. that is key.

those signs are for prevention as well and this call may be monitored is required so both parties are in agreement because in alot of cases, it's a verbal contract in the case of insurance companies, phone companies etc.

as for rolling your window down is like consenting to a search.. i seriously doubt that. so how are cops supposed to stop vehicles at a roadcheck if they can't smell booze through the crack in the window. why on earth would they create a law that prevents an officer from doing so? if i were an officer, i would want the window all the way down so i could talk to the person easily and see inside the car for MY safety.. especially in the case of tinted windows. think about it. sounds like a law a friend of a friend made up. show me proof of such a stupid law and then maybe i'll believe you. if a cop asks you to roll your window all the way down, try saying no and telling him because you'd be consenting to a search... he'll have you step out of hte vehicle instead... unless there is a law that says you can't ask someone to step out of a vehicle. if you act like your hiding something that may be probable cause for a search in itself.. then again you're from the US where a burglar can sue the owner of the house he broke into because he tripped going up the steps...

SSnoop: this may pertain to the gopro being seized.. althought it is an assumption made on the officers part that the go pro contains evidence and it's a bit of a gamble, the officer may have taken the gopro to find evidence but it could be fought. but who is stupid enough to fight it? the judge will just find another way to have you charged as im sure the eye witness accounts is all that is required.

in this case.. investigating a wreckless driver and vehicle matching description and sees a camera mounted. bingo. people usually use those in their car for one thing... and it's not always at the racetrack. they know that.

as for supporting illegal searches? of course not but if i have nothing to hide then why would i care? think about it. anything i can do to help a law enforcement officer do his job isn't unreasonable unless it causes undue duress on me or my family which in most cases it shouldn't. it takes a special kind of idiot to commit a crime and then complain that they are being falsely accused illegally when they know they are guilty and won't man up and take it on the chin. they will find a way one way or another if they want to. the harder you make it for them, the worse it will be for you.

Ceeker 05-14-2013 03:11 AM

in nova scotia, a cop CAN (read inside passenger cabin/trunk) with just probable cause /reasonable suspicion. (personal expierience) they do not need a warrant

In nova scotia, a cop CANNOT pull anyone over without reasonable suspicipion/probable cause

If there were multiple reports, of lets say...a red cobalt stunting on the highway (not even with a license #)

the police officer now has probable cause to pull over ANY red cobalt, as they now have obligation to investigate, to make sure no one is in danger


if a cop pulls you over in NS, you are legally allowed to ask for their name, badge number, and dispatch location, their probable cause/suspicion BEFORE you even tell them your name

If the cop hesitate or asks why to any of it, you are allowed to refuse to talk to that officer, and can call 911 to get another officer to the scene. On grounds of protecting your personal information/police inpersonation.


If your friend didnt answer the cops questions/evaded them. Gave the cop an angry attitude (never do that btw) or even if he heard the "pinging" expansion/decompression of a turbo/exhaust from heavy use, smelled clutch wear (we all know what that smelss like rofl) he has reasonable suspicion to detain (hence why your bud was in cuffs in the back)

a go pro attached to a car. with multiple reports of speeding, gives a cop enough reason to check you out

as far as EVIDENCE goes, the cop does have the right to take the go-pro, more precisely, the micro-sd (or whatever it is) storage. you can potentially get the camera/mounts immediately back, but the recording the can use.

Stunting in nova scotia is pretty much the worst charge you can get, its a catch all for dangerous driving/burning tires etc (go read the NS driver handbook)

FYI, you CAN get your licenses suspended WITHOUT any kind of conviction or evidence in NS. Were the only province in the country which still has discretionary suspicion. IE the registar of motor vehicles, can suspend you for evaluation, without any infraction or crime committed, been down that road myself lol

motor vehicle act

Motor Vehicle Act

Omnigear 05-14-2013 03:25 AM


Originally Posted by buildmeanempire (Post 7018746)
If he didn't have a warrant and the kid didn't give permission otherwise then I think that is illegal search and seizure. Not able to be used in court.

dont need a warrant to search a car

http://static.comicvine.com/uploads/.../782068-j1.jpg


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