Illegal search?

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I was riding my bike not acting suspicious or committing a crime or anything like that i was just going to see afriend and the cops pulled me over one cop step out the Car and said I had no bell on my bike he then proceeded to ask for my name and birth date so I gave it to them there other cop who was still in the car type my name and birthday on the computer but couldn't find so I gave my info again he still couldn't find me in the system turns out he was entering the wrong birthday so the cop standing outside the car put me in handcuffs said I was arrested for obstruction but didnt read me my rights after the handcuffs were on he searched my bag and found drugs. was there grounds for them to search me and my bag and was this done legally

Asked about 1 year ago in Edmonton, Alberta
Categories: Criminal Law

Answer by Caryma Sa'd Ontario lawyer

Police can stop a person if they have reasonable suspicions that the person stopped committed an offence. The police could give the argument that they stopped you for not having a bell and this was a reasonable detention. 

The police can only charge you for obstruction if you were giving them the wrong information. If  you did not they shouldn't be able to charge you for this offence. This could be argued as an unlawful arrest. 

Courts have also mandated that rights to counsel be given right after detention or as soon as possible. This could be s10(b) violation. 

To search after a detention or lawful arrest, police are required to have reasonable and probably grounds (which is a more stringent test) that their safety is at stake. You could have a case to state they did not have have these grounds.

Feel free to get in touch if there are any specifics that you would like to discuss. Our practice areas include criminal, human rights laws and landlord and tenant board issues. You can call and text me at 647-360-7182. 

Yours very truly,
Caryma Sa'd

Posted about 1 year 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 Caryma Sa'd, or search the Lawyer Directory.

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