Is a motorist entitled to be questioned by a police officer on a matter unrelated to the operation of his vehicle on a motor vehicle?

British Columbia, Canada


The following excerpt is from R. v. Tran, 2001 BCPC 263 (CanLII):

The same principles apply to statements made by a motorist upon being questioned by an officer on matters unrelated to the operation of the vehicle. Indeed, the admission of such statements in response to police inquiries would have a greater tendency to bring the administration of justice into disrepute because it would be conscripted evidence. Unless there is evidence that the driver made an informed decision, upon being advised of his Charter rights, there can be no suggestion that the driver consented to the questioning. This is because, as a result of the detention, it can reasonably be inferred that the driver felt compelled to respond to the officer's questions: See, Regina v. Mellenthin, supra at para. 17.

Other Questions


How have the courts treated statements made by a motorist upon being questioned by a police officer on matters unrelated to the operation of the vehicle? (British Columbia, Canada)
What is the test for judicial review of a decision by a Superintendent of Motor Vehicles under s. 215.5 of the Motor Vehicle Act? (British Columbia, Canada)
What is the difference between a motor vehicle accident and a subsequent motor vehicle collision? (British Columbia, Canada)
In a motor vehicle accident involving a stolen vehicle, can the driver of the stolen vehicle be held liable for damages? (British Columbia, Canada)
Can a police officer engage in a police pursuit when he has the opportunity to follow a stolen vehicle using an unmarked car? (British Columbia, Canada)
Can a motor vehicle prohibition be confirmed on the basis that the petitioner did not intend to put his vehicle in motion when he got in the vehicle? (British Columbia, Canada)
What is the legal test for using the word "superintendent of Motor Vehicles" in a motor vehicle application? (British Columbia, Canada)
Is it improper for a police officer to delay making a call to legal counsel while the accused is being questioned at a police station? (British Columbia, Canada)
Is it possible for a retired police officer to return to the police force where he worked as a community support officer because of his back pain? (British Columbia, Canada)
What is the standard of care of a police officer in a motor vehicle accident? (British Columbia, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.