Searched for no bike bell

Got stopped while riding my bike for not having a bell When they stopped me they ask for name and birth date i cooperated and gave the info they asked for when they search for me in the system they couldnt find me because the cop got my birthdate wrong so they put hand cuffs on me and searched my bag and found meth I just want to know if it was a legal search


Asked 5 months ago in Edmonton, Alberta
Categories: Criminal Law

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Andrew Captan

Answer by Andrew Captan

Not VerifiedOntario lawyer

There may be a s. 8 (unreasonable search and seizure) Charter issue that arises on these facts, particularly if the police made the mistake of inputting your info incorrectly in their system, and used the search results as a basis for the search.  You need to sit down with a criminal lawyer in your area to determine if this is an issue - also, perhaps, whether s. 9 (arbitrary detention) is an issue. There's no way for lawyers on here to make that determination.

The law society of Alberta provides a free lawyer referral service, and the entitlement to a free consultation for up to 30 minutes with a lawyer:

https://www.lawsociety.ab.ca/public/lawyer-referral/

Good luck with the case.

_________
Andrew Captan
Toronto Criminal Lawyer
www.toronto-criminallawyer.ca
andrew@captanlaw.com
647.878.6355

Posted 5 months ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Andrew Captan, or search the Lawyer Directory.

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