[T Bone]

Anyone knows what happens if you get caught with a radar detector in Ontario? Not working but in a briefcase / trunk in non-operational mode?

I travel alot and I am wondering if I should get a radar detector for the places where it is legal.

Anyone know?

[Mike07335i]

If they find it they take it, whether its on or not.

Mike

[BMdblU]

Can they detect it if it is on is what I'm wondering?

[ctgazer]

no, they dont take it...as long as you can prove its not wired or plugged in at the time, thats fine.

when you cross the border into ontario, you see the sign where "the use of radar detectors" is prohibited. not the ownership.

[G-Mach1]

They can't take it. If it is in your Brefcase they need a search warrant or your consent to even look at your brief case.

[MOAB]

Originally Posted by G-Mach1

They can't take it. If it is in your Brefcase they need a search warrant or your consent to even look at your brief case.

Lots of misinformation here. These are the rules (I am a lawyer so don't argue with me )

1. subject to no. 2 below, if you have a radar detector in your car (whether being used, or unplugged), it can be seized by the police and they have the right to search your car to look for it. you can also be fined up to $1000.

2. the only exception is if the device is being transported in a "sealed package" from a manufacturer to an end user. So, arguably, given the strict interpretation of the exception in the Highway Traffic Act, if you bought the detector from a retailer in the U.S. for your personal use, they could still seize it.

End of story.

[T Bone]

Originally Posted by MOAB

Lots of misinformation here. These are the rules (I am a lawyer so don't argue with me )

1. subject to no. 2 below, if you have a radar detector in your car (whether being used, or unplugged), it can be seized by the police and they have the right to search your car to look for it. you can also be fined up to $1000.

2. the only exception is if the device is being transported in a "sealed package" from a manufacturer to an end user. So, arguably, given the strict interpretation of the exception in the Highway Traffic Act, if you bought the detector from a retailer in the U.S. for your personal use, they could still seize it.

End of story.

Thanks.... where does the right to search come from? Reasonable cause or is does the HTA empower the Popo? Any cases in this area?

[G-Mach1]

Originally Posted by MOAB

Lots of misinformation here. These are the rules (I am a lawyer so don't argue with me )

1. subject to no. 2 below, if you have a radar detector in your car (whether being used, or unplugged), it can be seized by the police and they have the right to search your car to look for it. you can also be fined up to $1000.

2. the only exception is if the device is being transported in a "sealed package" from a manufacturer to an end user. So, arguably, given the strict interpretation of the exception in the Highway Traffic Act, if you bought the detector from a retailer in the U.S. for your personal use, they could still seize it.

End of story.

I am not a Lawyer so I am not going to argue with you.
But I have friends who are in Police services as per them (At least in Calgary) they cannot serch your vehicle with out your permission. Don't know whether it is different in Ontario. But I believe Highway traffic act is not at the provincial level ? Is that correct?

[MOAB]

Originally Posted by G-Mach1

I am not a Lawyer so I am not going to argue with you.
But I have friends who are in Police services as per them (At least in Calgary) they cannot serch your vehicle with out your permission. Don't know whether it is different in Ontario. But I believe Highway traffic act is not at the provincial level ? Is that correct?

The OP asked about Ontario, so my answer only deals with Ontario. The Federal government doesn't have jurisdiction over provincial highways, so the rules are made by the applicable Provinces. And the HTA (Ontario) is a provincial statute.

[MOAB]

Originally Posted by T Bone

Thanks.... where does the right to search come from? Reasonable cause or is does the HTA empower the Popo? Any cases in this area?

This is an excerpt from the HTA:

"A police officer may at any time, without a warrant, stop, enter and search a motor vehicle that he or she has reasonable grounds to believe is equipped with or carries or contains a speed measuring warning device contrary to subsection (2) and may seize and take away any speed measuring warning device found in or upon the motor vehicle. 1996, c. 33, s. 12."

As to whether there are any cases, shit, I'm sure there's a bunch of them, but I don't practice in this area, so I can't point to anything in particular.

[G-Mach1]

Originally Posted by MOAB

The OP asked about Ontario, so my answer only deals with Ontario. The Federal government doesn't have jurisdiction over provincial highways, so the rules are made by the applicable Provinces. And the HTA (Ontario) is a provincial statute.

Fair Enough. Yes he did ask about Ontario.
I am bad
However I assumed some of the Law/Procedures will be standard all over Canada. I guess I was wrong.

[ctgazer]

Originally Posted by MOAB

This is an excerpt from the HTA:

"A police officer may at any time, without a warrant, stop, enter and search a motor vehicle that he or she has reasonable grounds to believe is equipped with or carries or contains a speed measuring warning device contrary to subsection (2) and may seize and take away any speed measuring warning device found in or upon the motor vehicle. 1996, c. 33, s. 12."

As to whether there are any cases, shit, I'm sure there's a bunch of them, but I don't practice in this area, so I can't point to anything in particular.

nice to know. say, no joke, but is prostitution legal in the city of toronto? ive heard yes, and no and im not sure.

edit: maybe a slightly less direct translation...prostitution or sex trade worker

[Lotus99]

Originally Posted by MOAB

This is an excerpt from the HTA:

"A police officer may at any time, without a warrant, stop, enter and search a motor vehicle that he or she has reasonable grounds to believe is equipped with or carries or contains a speed measuring warning device contrary to subsection (2) and may seize and take away any speed measuring warning device found in or upon the motor vehicle. 1996, c. 33, s. 12."

I would think that would only be the case if their radar detector detector goes off. How else would they know you might have one in your car?

Therefore, best to buy the Beltronics STi Driver.

Some info

With the Beltronics STI Driver, BEL has apparently done the "impossible." They have managed to fabricate a superhetrodyne detector which does not produce LO leakage - typical of such detectors - which current RDDs (radar detector detectors) such as the STALCAR/SPECTRE rely upon to alert proximate detector usage.

What does this mean in real-world everyday driving?

It means professional drivers (ie; truckers who are federally restricted from operating a detector because of some PC law) and drivers in the Commonwealth of Virginia, the District of Columbia, Canadian provinces, and certain other countries - where usage is banned - can drive with the peace of mind of knowing RDDs can not be used against them to locate/identify their usage.

[MOAB]

Originally Posted by ctgazer

nice to know. say, no joke, but is prostitution legal in the city of toronto? ive heard yes, and no and im not sure.

edit: maybe a slightly less direct translation...prostitution or sex trade worker

hmmm, not really sure. i think the prohibition is on soliciting for prostitution, but that's just a reasoned guess.

[who's ur daddy?]

Originally Posted by MOAB

This is an excerpt from the HTA:

"A police officer may at any time, without a warrant, stop, enter and search a motor vehicle that he or she has reasonable grounds to believe is equipped with or carries or contains a speed measuring warning device contrary to subsection (2) and may seize and take away any speed measuring warning device found in or upon the motor vehicle. 1996, c. 33, s. 12."

As to whether there are any cases, shit, I'm sure there's a bunch of them, but I don't practice in this area, so I can't point to anything in particular.

Moab:

I've always seen this suggestion, but never knew whether it would work:

Have a large unsealed, addressed envelope near you. When you get stopped, pop the detector into the envelope and seal it up. Do you think they can open the package?

If so, what if I address it to "MOAB - Solicitor/Client Priviledged" - would that work?

[MOAB]

Originally Posted by who's ur daddy?

Moab:

I've always seen this suggestion, but never knew whether it would work:

Have a large unsealed, addressed envelope near you. When you get stopped, pop the detector into the envelope and seal it up. Do you think they can open the package?

If so, what if I address it to "MOAB - Solicitor/Client Priviledged" - would that work?

lol. Now you are getting really technical. And just to be clear, I'm a commercial real estate lawyer, so we are starting to stray away from my area of expertise.

That said, I think they would be able to open an envelope if they had reason to believe you hid the detector in it, i.e. it was not completely sealed. However, you raise an interesting point about if the envelope was marked "solicitor/client privileged". you might be ok in that case - I stress "might" because I just don't know for sure. We are now getting into rules of procedure and evidence which is not what I do. But an interesting thought. Try it and let us know if it works!

[Icedog_16]

Originally Posted by Lotus99

I would think that would only be the case if their radar detector detector goes off. How else would they know you might have one in your car?

Therefore, best to buy the Beltronics STi Driver.

Some info

With the Beltronics STI Driver, BEL has apparently done the "impossible." They have managed to fabricate a superhetrodyne detector which does not produce LO leakage - typical of such detectors - which current RDDs (radar detector detectors) such as the STALCAR/SPECTRE rely upon to alert proximate detector usage.

What does this mean in real-world everyday driving?

It means professional drivers (ie; truckers who are federally restricted from operating a detector because of some PC law) and drivers in the Commonwealth of Virginia, the District of Columbia, Canadian provinces, and certain other countries - where usage is banned - can drive with the peace of mind of knowing RDDs can not be used against them to locate/identify their usage.

And, ironically, Beltronics was founded in Ontario!

[Mike07335i]

Originally Posted by MOAB

Lots of misinformation here. These are the rules (I am a lawyer so don't argue with me )

1. subject to no. 2 below, if you have a radar detector in your car (whether being used, or unplugged), it can be seized by the police and they have the right to search your car to look for it. you can also be fined up to $1000.

2. the only exception is if the device is being transported in a "sealed package" from a manufacturer to an end user. So, arguably, given the strict interpretation of the exception in the Highway Traffic Act, if you bought the detector from a retailer in the U.S. for your personal use, they could still seize it.

End of story.

Thanks for backing me up

Mike

[SGxi]

Originally Posted by Lotus99

I would think that would only be the case if their radar detector detector goes off. How else would they know you might have one in your car?

Well, if they see you brake HARD all of a sudden in the middle of no where with little traffic, it's probably a good indication that you have one...

[T Bone]

Originally Posted by MOAB

This is an excerpt from the HTA:

"A police officer may at any time, without a warrant, stop, enter and search a motor vehicle that he or she has reasonable grounds to believe is equipped with or carries or contains a speed measuring warning device contrary to subsection (2) and may seize and take away any speed measuring warning device found in or upon the motor vehicle. 1996, c. 33, s. 12."

As to whether there are any cases, shit, I'm sure there's a bunch of them, but I don't practice in this area, so I can't point to anything in particular.

Ah....big distinction.... Motor vehicle doesn't include the person....so stuff the radar detection in the coat that you are wearing. They have no right to search the body.

Does motor vehicle include personal items like a briefcase?

[ctgazer]

Originally Posted by SGxi

Well, if they see you brake HARD all of a sudden in the middle of no where with little traffic, it's probably a good indication that you have one...

haha, its called "officer, i have a cramp in my leg"........

[MechUT]

To back up the whole conversation.... when's the last time you were randomly stopped and searched for anything?

Even the radar detector detectors simply tell the officer that one is being used in the area - it doesn't identify your vehicle and say "glove box" or "trunk"

So the real answer you are looking for may be:
a) learn how to drive when using one, if you decide to use one (no sudden hard braking, etc)
b) get a stealth model, that is harder to detect.


Of course, on a side note, there was an article in the paper a few years ago, citing how the Port Credit OPP station in Mississauga itself confiscates 100s of detectors a year.

I've realized that, on a casual basis, we think of ways to out smart the police. We gotta remember that it is their job, on a full time basis, to think of ways to out smart / catch us.