Impaired Driving Laws too Far Reaching?

[Misterman]

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Its the same as off duty members calling in an anonymous 911 complaint about a problem residence (eg. known drug house) that they are tired of dealing with.

The cops cant walk in to investigate , but with a 911 call the residents HAVE to let the members in.

The 'system' can be abused for actual benefit to members and abused by those with malicious motives.

I could be wrong, but I don't think that's actually the case. This impaired driving law is the only circumstance I can think of off the top of my head where police can supersede your charter rights(maybe some other terrorism law as well?). In the event of an anonymous drug house call, the police can go knock on the door, but not much else unless invited in. They would still need a warrant to just walk in and search the place. With impaired driving none of this seems to apply. Anonymous call that you were driving erratically and they can just show up and demand a breath sample, despite the fact there was never even any reasonable suspicion to assume you had been drinking in the first place, or that a positive sample gives no indication whether you had been impaired at time of the report or not.

[revelations]

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I could be wrong, but I don't think that's actually the case. This impaired driving law is the only circumstance I can think of off the top of my head where police can supersede your charter rights(maybe some other terrorism law as well?). In the event of an anonymous drug house call, the police can go knock on the door, but not much else unless invited in. They would still need a warrant to just walk in and search the place. With impaired driving none of this seems to apply. Anonymous call that you were driving erratically and they can just show up and demand a breath sample, despite the fact there was never even any reasonable suspicion to assume you had been drinking in the first place, or that a positive sample gives no indication whether you had been impaired at time of the report or not.

No sir, 911 calls (swatting, or a hangup for eg.) give the police in Canada the power to come INSIDE and inspect the dwelling for any people in distress. Anything they witness is admissible in court - unless a judge decides the 911 call was suspicious of course.

[firebane]

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That was my biggest fear for anyone dealing with kids and custody.

Doesn't even have to be heresay... it could just come from the kid.. and when that happens.. enjoy how that goes down.

[CompletelyNumb]

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I can say from my experience that we do that, at least where I work. No one I work around is willfully laying bogus beefs against people and hoping for the best, or looking to screw someone over. We bat around the most simple charges all the way up to complex ones with each other in the office or on the road, and usually go to the crown for their take if we aren't sure. And if we see someone laying an inappropriate charge then we will speak up. The problem is when we don't know it's happening or when 'those guys' are out there doing it because we do work in relative autonomy due to the nature of our work, and then it's really hard to address in the moment, and sometimes even the crown will review something and think there isn't enough and just withdraw the charge, as they can't necessarily detect it being bogus or malicious because all they are trying to do is vett what's coming in, not assess it for anything else. It's a difficult problem to just glom on to and fix, which is just as disappointing for the rest of us doing our jobs properly as it is for those folks being screwed over by those bozos out there acting with bad intent.

My experiences with CPS have all been positive luckily. I even had two officers help me push my truck to safety when I broke down on macleod because they just happened to be walking by.

A lifetime ago I had the opposite experience with 2 RCMP officers in small town Alberta. Arrested and charged for things that were basically made up. All charges dropped eventually. Multiple 5 figures in lawyers fees. And I get to tell US customs about all my heinous charges when I go to the US multiple times per year.

I don't go back to that town anymore

[killramos]

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That was my biggest fear for anyone dealing with kids and custody.

I have a family member who is pulling that shit on her kids dad. It’s scary how much you can fuck with someone’s life with nothing more than too much time on your hands.

Sad thing is the dad is thinking of calling it quits because he’s too scared of what she will come up with next.

[dirtsniffer]

This is going to the supreme Court and getting tossed for sure.

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I have a family member who is pulling that shit on her kids dad. It’s scary how much you can fuck with someone’s life with nothing more than too much time on your hands.

Sad thing is the dad is thinking of calling it quits because he’s too scared of what she will come up with next.

Do the right thing and tell the police what you know. Men's rights as shit enough to begin with

[killramos]

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This is going to the supreme Court and getting tossed for sure.





Do the right thing and tell the police what you know. Men's rights as shit enough to begin with

If I had anything concrete I would for sure, just conjecture at this point. I really like the guy so it would be easy for sure.

[sabad66]

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No sir, 911 calls (swatting, or a hangup for eg.) give the police in Canada the power to come INSIDE and inspect the dwelling for any people in distress. Anything they witness is admissible in court - unless a judge decides the 911 call was suspicious of course.

it's up to discretion of the 911 operator, not necessarily always a given that they will visit/enter house.

I accidentally called 911 twice in one week and both times i quickly hung up and they called me back immediately after, explained it was an accident, then didn't send anyone over. If you're wondering how someone accidentally calls 911, long story short, my car cell phone mount did not grab my phone and it slipped down enough to hold down the power and volume down buttons for 10 seconds, which triggers a 911 call. i've since replaced my cell phone mount to one that has a bottom support so it can't slide down but man that was an annoyance that i live with for way too long.

[revelations]

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it's up to discretion of the 911 operator, not necessarily always a given that they will visit/enter house.

I accidentally called 911 twice in one week and both times i quickly hung up and they called me back immediately after, explained it was an accident, then didn't send anyone over. If you're wondering how someone accidentally calls 911, long story short, my car cell phone mount did not grab my phone and it slipped down enough to hold down the power and volume down buttons for 10 seconds, which triggers a 911 call. i've since replaced my cell phone mount to one that has a bottom support so it can't slide down but man that was an annoyance that i live with for way too long.

Thats not what I am talkin about - 911 calls where you hang up and dont answer - will always elicit a response to the land line address.

[dirtsniffer]

Land line..

If some old fuck calls 911 from a land line and doesn't say anything damn straight the police should go. Buddy's probably already dead

[revelations]

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Land line..

old people .... lol

[ExtraSlow]

What about VoIP phones. They have some kind of location attached to them I think. Or they can. I have one for my babysitter to use, so it would be good to know.

[colsankey]

I believe you have to register an address with voip phones to get the 911 location information. Same as if you setup wifi calling on a cell.

[spikerS]

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That was my biggest fear for anyone dealing with kids and custody.

it is one of a few reasons why I don't drink really any more or go to bars. I have a bottle of rye in my desk that is still 1/3rd full that I bought 2 years ago, and 8 out of 12 bottles of stella in the fridge from last summer.

I don't trust my ex at all, and anything I can do to remove any ammo she could come up with, I have removed.

[dirtsniffer]

You should do it to her first

[ExtraSlow]

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You should do it to her first

The law does not treat fathers equally to mothers, he wouldn't win if he started that.

[Rat Fink]

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[Rat Fink]

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[OTown]

I somehow highly doubt this lady was just drinking a beer by the pool and only had 1 drink at the bar. There's almost zero chance she would fail the criminal limit. For the average adult human to blow over 80 you've got to have way more than that. Chances are she drank a whole lot more than she said at the bar, drove home, got arrested and charged, got off on some technicality, and now goes to the media to act as a 'poor me' victim.

If the technicality was cops evidence not lining up with the actual facts, then that's a different story that should be looked into IMO. But that doesn't really have anything to do with the actual law itself.

[Misterman]

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No sir, 911 calls (swatting, or a hangup for eg.) give the police in Canada the power to come INSIDE and inspect the dwelling for any people in distress. Anything they witness is admissible in court - unless a judge decides the 911 call was suspicious of course.

Oh you're talking about something else. My bad. I thought you were talking about someone phoning in and reporting a drug house, not pretending to be inside the house or reporting a fake a emergency there.

- - - Updated - - -

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An anonymous call isn’t enough. Unless you get a written or video/audio statement it won’t count for shit. An anonymous call would give you info on someone to look out for, but you’d have to form your own suspicion or grounds (your own observations through your investigation).

Ok, so which part of the article is wrong then? You and phil are giving a lot of conflicting information. The fact that just the two of you here aren't 100% aligned on this issue and the law around it, should indicate to you exactly why people are rightfully worried about this type of law, and that it isn't quite as black and white as you're making it out to be.

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I somehow highly doubt this lady was just drinking a beer by the pool and only had 1 drink at the bar. There's almost zero chance she would fail the criminal limit. For the average adult human to blow over 80 you've got to have way more than that. Chances are she drank a whole lot more than she said at the bar, drove home, got arrested and charged, got off on some technicality, and now goes to the media to act as a 'poor me' victim.

If the technicality was cops evidence not lining up with the actual facts, then that's a different story that should be looked into IMO. But that doesn't really have anything to do with the actual law itself.

Why even reply if you're not going to read the article?