What is the scope of a random stop by a police officer without any probable cause?
British Columbia, Canada
The following excerpt is from R. v. Tran, 2001 BCPC 263 (CanLII):
The right to randomly stop a motorist, without any probable cause, is strictly confined to matters related to the operation of the motor vehicle. It is not a general authority to question a driver or search his vehicle. As emphasized by Cory J. in Regina v. Ladouceur, supra: Officers can stop persons only for legal reasons, in this case reasons related to driving a car such as checking the driver's license and insurance, the sobriety of the driver and the mechanical fitness of the vehicle. Once stopped the only questions that may justifiably be asked are those related to driving offences. Any further, more intrusive procedures could only be undertaken based upon reasonable and probable grounds. Where a stop is found to be unlawful, the evidence from the stop could well be excluded under s. 24(2) of the Charter.
"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 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)
Does the tort of misfeasance in public office apply to an individual officer or officer? (British Columbia, Canada)
Can a court review a decision by a police officer under section 90.3 of the Criminal Code when the officer applied the wrong test? (British Columbia, Canada)
Can a police officer be ordered to produce a certificate that the adjudicator would like to compel the officer to produce? (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)
What are the consequences if a voir dire is conducted without a police officer present at the time the confession was taken? (British Columbia, Canada)
Can knowledge of a cause of cause be used as grounds for cause of dismissal? (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)
What is the duty of an employee dismissed from his or her employment without cause and without proper notice to mitigate their damages? (British Columbia, Canada)
Does a police officer have a duty on the accused to advise the accused of a criminal offence of not seeking counsel for a second time when new circumstances arise indicating that the accused is a suspect for a different crime than was the first warning? (British Columbia, Canada)
