Does police discretion violate the rights of the citizens by implementing a law that does not have a trial by judge or jury?
I have a serious problem with the notion that police can exercise discretion in seizing property. On the news cast this article translates to:
"We will take your car and you will never see it again."
It was followed by as "crush it into pieces" on the radio.
Police should not have the courts in the streets, especially when they are using their own "discretion".
This is saying that capital punishment, segregration, and choices expressed in Charter of rights are at the "discretion" of the police.
I was stopped for being a business professional and a business owner and the police discretion in stopping me was to verify that the car was and the plates were legitimate.
The Act that the police officer applied was incorrect and it was discretion that stopped us for 1) not committing a traffic violation 2) any citable criminal or civil offence. It was police "discretion".
What if these police officers open a car hood and without knowledge "suspect" the vehicle to be a "super racer" and have misapplied the "seizure of racing vehicles"? ooops?
It is a valid concern especially when I have heard the comments "these are the costs of doing business", clearly profiled when an officers partner stated, "you dont look like you are dressed to do business"? Mind you he was not wearing baggy jeans. He was in a shirt and pants, so he must be attending a club with a dress code.
I attempted to file a complaint for being harrassed after later stopped 4 times for the "code" the police wrote on file that sits there for 21 days... the supervisor was less than people - oriented and offered zero reception to my complaint.
He had a conversation insinuating that I want the officer to make a note to his file that we should not be stopped in accordance with the highway and traffic act.
So we were stopped for the Highway Traffic Act? What was the ticket for? ah yes... police discretion.
Ironically, no one could tell us exactly why we were stopped, other than the citation is a misapplication of an act.... ooops?
The humor and relative point to this argument is the business plates were seized for no reason other than police discretion. We had to recover our property and ultimately will have to explain to the ministry why the police obtained the plate citing "misuse for non-business purposes"? Yet, there is not a ticket or a court report that indicates we are guilty of this other than police discretion. Im glad they didnt cruch it into pieces that I would never see again.
... there was no report
... no record in court
where we had to announce our names...
a bogus ticket that we
? wait in the mail for
and get at renewal
or on our credit file?...
took our property that we had to retrieve for no reason?
.... all for police discretion.
Interestingly enough, the officer said you will have your day in court.
Stopped for no reason, ah yes... police discretion with my day in court.
Where is my arm band that indicates I have been inspected?
What door to the showers? I mean court?
Why not ban the products from the shelf?
that's right - kids dont have money for lawyers only toys.
Car companies have money for lawyers.
kudos.
http://www.680news.com/news/local/ar...20_143531_4876
Two Toronto men charged with street racing
Wednesday, June 20, 2007 - 02:35 PM
By: Shauna Hunt
Toronto - The two Toronto men charged in the death of a truck driver on the 400 are among the first in Ontario to face a criminal charge of street racing.
They will remain in jail until they appear in court on Friday in Barrie, Ont. That offence carries with it the possibility of life in prison.
Meanwhile, Attorney General Michael Bryant has warned street racers that their cars can be seized and destroyed, even without any criminal charges being laid.
Bryant said if police supply information that a car is being tuned up specifically to street race, the government can seize that vehicle and crush it.
"What I would say to anybody that is considering engaging in the illegal act of street racing is that we don't need to wait until that car hits the road fully loaded," he explained. "We can seize the car if we have information from the police," he said.
On Monday, a truck driver was killed and police laid 11 charges against three men after a crash on Highway 400 that was blamed on speed and dangerous driving. The crash was the third major accident in four days on the busy north-south highway and the second fatal one.
__________________
"… to the man who is actually in the arena... his place will never be with those timid cold souls who know neither victory nor defeat."
Climbing out of the hole and leaving the whispers behind.
idiom
I realized the high road is idealistic and we are lowly creatures, everyone. The only difference is some are able to walk and not crawl, nor squirm on their belly.
You decide.
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