So I got arrested last night

[Adrian_Visser]

Well this probably isn't going to accomplish much but I want to vent some anger.

The story:

I rent a basement suite* from a buddy I work with, we were having a party last night and the cops showed up. The cops claimed there was a dropped 911 call from the house phone and wanted to come in to have a look around.

I'm not really sure why there was a plainclothes officer present to break up a house party but this a-hole and 3 others made their way downstairs into my place without permission from me. I was upstairs at the party and I went down and asked the plainclothes who the hell he was since he hadn't identified himself as a police officer in any way, I was drunk not gunna lie but no sooner than I had demanded to know what they were doing snooping around my place of residence without a search warrant or my permission I was thrown in handcuffs and led out to the back of a cop car.

Now comes the fucked up part, I was charged with assaulting a peace officer, and have to go to court. I will say again that I was drunk, and I did struggle a little bit when they were cuffing me but there is no way that that can be reasonably considered assault can it?

I shouted and swore I will freely admit that but I am honestly in shock that these "officers of the law" could be such fucking dicks as to come into my home and charge me with assault, I am not a criminal I have no record and now I have to go to court and get fingerprinted, hell I got charged with assault!

I don't think I've ever been as angry in my life as I was last night after this happened.

:hitler:

[Vince30]

That sucks major dick!

[Farbin Kaiber]

And you think it's bad in Canada? It's a good thing you are not in Iran. Or, some tribal regions of Guam.

[Adrian_Visser]

I don't think it's bad here at all, I am in shock at this whole situation TBH

[Danny]

suite.

[Farbin Kaiber]

You should have asked for proof of dropped call.

[Mtriple]

suite.

Speaks volumes doesn't it?

[HarryPotter]

dude they don't need a warrant to walk in your house if a door is open they can walk in.. dumbass move on your part.

[Adrian_Visser]

suite.

Lol oops.

dude they don't need a warrant to walk in your house if a door is open they can walk in.. dumbass move on your part.

Yeah I never said I was thinking too well, but I just can't believe the bogus charge I never assaulted anyone.

You should have asked for proof of dropped call.

The funny thing is when we checked the phone later on it had an incoming e-911 call but no outgoing call to 911. How the hell does that work?

[Farbin Kaiber]

You ask by telling them to wait outside, close and lock the door, then check your caller ID, then tell them to have a nice day, because they must have the wrong house, so, go run along and help whatever neighbor I have that called your service, have a nice night.

[BMW_TUNER]

Welcome to Canada. The level of Probable cause is so low up therethat most searches in BC would be unconstitutional in the US but Canada left that part out of the constitution.

In Canada, Section Eight of the Canadian Charter of Rights and Freedoms protects all individuals from unreasonable search and seizure. For a search to be "reasonable" it must be authorized by law, the law itself must be reasonable, and the manner in which the search was carried out must be reasonable (R. v. S.A.B., 2003 SCC 60). This means that the officer must be acting within the power of a valid statute, and it must be performed on the basis of there being "reasonable and probable grounds" that a crime has been committed.

So all they have to do is be actively enforcing a valid law and come accross you. You say" fuck you what are you doing in my room hoser!" The use of the word fuck is defined by canadian law enforcement to be a "threating word" and you have assaulted a peace officer.

Sorry brother the good new is youcan move to the US and have Protection against unlawfull search and seizure but our government is far from stellar so I would stay put.

[Fusion]

This them?

[Adrian_Visser]

Bwaha that's Frasier, I loved Due South back in the day.

[markseven]

Well this probably isn't going to accomplish much but I want to vent some anger.

The story:

I rent a basement suite* from a buddy I work with, we were having a party last night and the cops showed up. The cops claimed there was a dropped 911 call from the house phone and wanted to come in to have a look around.

I'm not really sure why there was a plainclothes officer present to break up a house party but this a-hole and 3 others made their way downstairs into my place without permission from me. I was upstairs at the party and I went down and asked the plainclothes who the hell he was since he hadn't identified himself as a police officer in any way, I was drunk not gunna lie but no sooner than I had demanded to know what they were doing snooping around my place of residence without a search warrant or my permission I was thrown in handcuffs and led out to the back of a cop car.

Now comes the fucked up part, I was charged with assaulting a peace officer, and have to go to court. I will say again that I was drunk, and I did struggle a little bit when they were cuffing me but there is no way that that can be reasonably considered assault can it?

I shouted and swore I will freely admit that but I am honestly in shock that these "officers of the law" could be such fucking dicks as to come into my home and charge me with assault, I am not a criminal I have no record and now I have to go to court and get fingerprinted, hell I got charged with assault!

I don't think I've ever been as angry in my life as I was last night after this happened.

:hitler:

Probably combative, not assault.

[BMW_TUNER]

The Canadian Definition of assault will make you laugh.

An assault may also take the form of an attempt or threat, by an act or gesture, to apply force to another person. In this case, however, the Crown must prove you had the present ability to carry out the assault or that the victim believed you did. The degree of alarm felt by the person threatened is irrelevant to a finding of guilt as is your intent to carry out the threat.

The threat must cause apprehension of immediate personal violence; a threat to inflict harm at an unspecified time in the future is not an assault. Words alone, while they may be a threat, cannot constitute an assault.