Is a vehicle stopped by the police for highway traffic reasons or pursuant to s. 216(1) of the Criminal Code?
Ontario, Canada
The following excerpt is from R. v. Lecouter, 2001 CanLII 28347 (ON SC):
Having stopped a vehicle for highway traffic reasons or pursuant to s. 216, the police are entitled to utilize that opportunity to further some legitimate police interest, so long as that interest is not improper: Brown v. Durham, supra, at pp. 17-23 C.R.R., paras. 30-49. In this case I find that the stopping of the vehicle was for highway traffic reasons and subsequently involved other legitimate police purposes and hence were authorized by law. In my view it was not arbitrary: Brown v. Durham, supra, at pp. 24-25 C.R.R., paras. 54-56.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a police disciplinary record that is not in the control of the police force required to be disclosed by the police officer to the police community? (Ontario, Canada)
What is the test for police to stop and videotape motorcyclists for traffic safety reasons? (Ontario, Canada)
What is the test for establishing that a defendant has raised a reasonable doubt as to the allegation that in driving her vehicle at the material time, she failed to exercise due care and attention or afford reasonable consideration to other persons using the highway? (Ontario, Canada)
Is an attempt to commit a crime known to law, that was thwarted by chance, still a criminal attempt under section 24(1) of the Criminal Code? (Ontario, Canada)
Can a finding that highway regulation or safety concerns animated a traffic stop be set aside? (Ontario, Canada)
In assessing whether a police officer has reasonable grounds to justify the arrest, what is the test for reasonable grounds? (Ontario, Canada)
How have courts struck down allegations of breach of fiduciary duty in pleadings against police officers and vicariously the police services board and police chief? (Ontario, Canada)
Does s.10(b) of the Criminal Code require police to inform a detainee of his right to retain and instruct counsel "immediately"? (Ontario, Canada)
What is the test for reasonable grounds under section 254(3) of the Criminal Code? (Ontario, Canada)
What is the effect of a traffic stop by a police officer with a gun on the driver of a pickup truck? (Ontario, Canada)
