So I got arrested last night

[Ray Smoodiver]

*And it bad form to get smashed during the party when YOU ARE THE HOST. You stash away some good booze for nite-time with the lady of your choice. Manners people. Manners. Were you all raised in a barn?

Anything else is considered impolite

[freeride53]

Cool.
I almost got arrested at our football game last friday, since this dude tried jumping me, but i fought back.
Assert your involvement to the fullest.

[ck_taft325is]

You struggled and verbally swore at them? That in the states does constitute combative nature on the swearing and if you struggle in the slightest and the officer catches his thumb nail on your shirt cuff, you just assaulted an officer.

It's not right, but it's the way it is.

[george graves]

In before Lee's essay comparing and contrasting the Canadian justice system to the US justice system.

*And it's bad form to get smashed during the party when YOU ARE THE HOST. You stash away some good booze for nite-time with the lady of your choice. Manners people. Manners. Were you all raised in a barn?

[Adrian_Visser]

Yeah my only witness is a buddy I work with whose dad is a lawyer, I'm going to have a talk with him and proceed from there. Not looking forward to shelling out for a lawyer but it is necessary isn't it.

[BMW_TUNER]

I highly support the idea of getting some legal representation. You will be ok.

[Pudmunkie]

You should probably get a lawyer.

[Adrian_Visser]

Thanks for the info BMW_TUNER, that was all news to me.

Damn I'm in shock, it's amazing how fast you can go from having fun to sitting in the back of a cop car.

[TS323]

thats bullshit that they didnt identify themselves either. i woulda just shot the plane clothes officer and said he looked like he was going to rob you and had a gun and called it a day.

[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.

[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.

[Adrian_Visser]

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

[Fusion]

This them?

[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.

[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.