One of the most common interactions between citizens and the police happens when driving. Despite police’s wide range of authority in checking drivers, their powers are not unlimited. Jurisprudence acknowledges that a police officer may not randomly stop a driver. This would involve, for instance, stopping a driver because the vehicle is traveling late at night in an area where a lot of drugs are sold.
In a nutshell, this arrest is not justified by the Highway Code or the other mandates of the officer. It is contrary to Section 9 of the Canadian Charter of Rights and Freedoms. Sometimes, this arrest means the police find drugs in the vehicle or detect impaired driving. It can give rise to charges of drug possession or driving with impaired faculties. At this point it is imperative to consult a criminal lawyer. The evidence collected by the police during the illegal search of a vehicle may nevertheless be declared invalid by the Judge, which means the clients are acquitted.
If you believe the above applies to your case, do not hesitate to call a lawyer.
