Canada Criminal Law

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I got stopped in a strip club a couple days ago and the

Customer Question
I got stopped in...

I got stopped in a strip club a couple days ago and the police put me in holding my question is can they search my car if they didn't arrest me in it?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

In Montreal it happened on the 22 of the month at 2in the morning

Lawyer's Assistant: Have you talked to a lawyer yet?

No I was going to get a video proving that they searched my car before going to a lawyer

Submitted: 7 months ago.Category: Canada Criminal Law
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Customer reply replied 7 months ago
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Customer reply replied 7 months ago
I'm new to this
Answered in 1 day by:
11/25/2017
Criminal Lawyer: CriminalLawyerTO, Criminal Defence Lawyer replied 7 months ago
CriminalLawyerTO
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Why did the police put you in holding? What were you suspected of and/or charged with, if anything?

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Customer reply replied 7 months ago
They said that I had a warrant for my arrest
Customer reply replied 7 months ago
Missed a court day
Criminal Lawyer: CriminalLawyerTO, Criminal Defence Lawyer replied 7 months ago

Generally, if there is nothing to suggest evidence will be found in your car linked to the reason for which you were arrested, the police cannot search your car without a warrant. If they believed guns or drugs were in the vehicle and there was some extreme urgency that would be a different story, but from what you've told me- that they searched your vehicle prior to arresting you for failing to attend court- that likely wouldn't give grounds to search the vehicle whether incident to arrest or on its own. So it sounds like the police acted unlawfully.

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Customer reply replied 7 months ago
Ohh then what should I do
Customer reply replied 7 months ago
Do you think I can get some type of compensation
Criminal Lawyer: CriminalLawyerTO, Criminal Defence Lawyer replied 7 months ago

You may be able to bring forward an application in your criminal matter and seek any evidence be excluded or the charges be stayed on account on the officers' breach of your Charter rights. As for compensation though, a lawsuit would be very time consuming and costly, and may not yield much if any success.

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