Judge Rules Border Guards Need Search Warrants

Imagine that, a Judge actually ruled that the police first needed a search warrant before they could legally conduct a search! Since something that was obviously illegal took place, I cannot help but notice there is no mention of which police officers will be off to jail for breaking the law. <br><br> What's next, will a Judge have to come out of the woodwork and rule that arbitrary travel restrictions are also illegal, and when that happens I wonder who in our government will face a Judge for breaking yet another well established law? <br><br> Of course another Judge on another day will whimsically rule that arbitrary searches are warranted for the "greater good" because arbitrary searches are the only way to efficiently detect items that are arbitrarily decreed to be "contraband" (not to mention that the flow of profits across the border must be quick!). Yes indeed, ad-hoc random police searches are therefore one of the many <a href="http://laws.justice.gc.ca/en/charter/#garantie">reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society</a>. Forget Common Law, Communitarian Law is here to stay! <br><br> See related story: <a href="http://www.vivelecanada.ca/article.php/20070716035554245">Judges rule out recompense for the innocent</a>

"This is unprecedented -- I've never heard of any border operation requiring a search warrant. This would be such a break in procedure and I don't know how it would be handled."

Imagine that, the border police are pissed off that they will have to follow the law for a change - what a pain in the ass that must be!

Now I wonder about all those past cases where people were convicted on illegally obtained evidence?

"If this were a dictatorship, it'd be a heck of a lot easier, just so long as I'm the dictator." - G.W. Bush

"Imagine that, a Judge actually ruled that the police first needed a search warrant before they could legally conduct a search! "

A police officer is a "Peace Officer" but a peace officer is not necessarily a police officer. The border guards are not policemen but have provisions to search a vehicle. Cars entering a military base or Canada Ports property are also subject to search. The judge ruled that they took "unusual" action when searching the car.

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Expect little from life and get more from it.

"Imagine that, the border police are pissed off that they will have to follow the law for a change"

But they are, under the Canada Customs and Immigration act. It's the law the judge disputes. Police officers must have RPG to search a vehicle on municipal roads but these "peace" officers did not. The two acts must be changed to accommodate the judges ruling. A judge once made a similar ruling about the National Harbours Board Act. However, it was deemed that vehicles going on the properties were subject to search as the property is not open to the public. The judge recanted.

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Expect little from life and get more from it.

"Imagine that, a Judge actually ruled that the police first needed a search warrant before they could legally conduct a search!"
every once in a while they throw us a bone
The suckers got to get a break every now and then or they won't fall for the deceit


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"When I tell the truth, it is not for the sake of convincing those who do not know it, but for the sake of defending those that do."

William Blake

"The border guards are not policemen but have provisions to search a vehicle."

Police or brownshirts, take your pick. I was being kind by calling them police.

"But they are, under the Canada Customs and Immigration act."

According to the Judge, the border police violated a provision of the Constitution Act which supposedly takes precedence over all other Acts, therefore the ruling states that the border police have been violating the law.

Hopefully now the vitim will get his stash of heroin back and won't be impeded when he sells it to school children. The Customs and Immigration act will be changed to accomodate the rights of all people entering Canada.

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Expect little from life and get more from it.

Do you honestly believe what you wrote?
Voted down

"Hopefully now the vitim will get his stash of heroin back and won't be impeded when he sells it to school children. The Customs and Immigration act will be changed to accomodate the rights of all people entering Canada."



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"When I tell the truth, it is not for the sake of convincing those who do not know it, but for the sake of defending those that do."

William Blake

I was being sarcastic. If it's not okay for this scum to have his car searched, will he be entitled to have his property back. What tip did the officers get and not revealing. "His" rights have been violated.

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Expect little from life and get more from it.

You don't get it do you?

Imagine that, high school dropouts getting to search and play fiddle with your lives at will.

As GW Bush said "If this were a dictatorship, it would be a heck of a lot easier... just so long as I'm the dictator".

We're not at all concerned about the scum of this land, we're very much concerned for the rights of the innocent and for the continued rule of legitimate law - something that is in very short supply these days.

"You don't get it do you?"

No I don't. The concern for this mans rights override his sin. So be it! But why is his sin trivialized. No one seem to think that the error had also allowed the scum to go free. (No one even made mention of it.) In the judges ruling, the man goes free for a heinous crime. From now on, any person bringing in heroin will not be subject to search. no matter how much they are suspected. RPG will have to be "proof" not suspicion.

You don't get it, do you?

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Expect little from life and get more from it.

Some of us perhaps don't agree that a crime that has no victim is a crime. This man was smuggling cocaine not because he planned on forcing people at gun point to buy it, he was smuggling it to earn a lot of money supplying a demand for the drug.

The reality that far too many people cannot grasp, is that drug abuse is not a crime, it's instead a health and societal problem that should be dealt with for what it is. If you don't treat the problem, it can never be cured.

Throughout the so-called "war on drugs" nothing has been accomplished other than to bilk money from the tax payer.

Decreeing that drug use and smuggling is "illegal" only helps to increase the price and make smuggling more lucrative which probably increases the supply. Criminals are made out of people who otherwise would not be criminals and the rate of crime ends up increasing because drug addicts end up committing crimes as a means to pay for a very expensive addiction.

"every once in a while they throw us a bone"

Perhaps the man was freed not because the Judge wanted to uphold the law, but instead because this particular shipment of cocaine was supposed to make it through, if you know what I mean.