Arrest Pocketbook - No One Is Illegal – Vancouver

Vehicle SearchesSeizing PropertyYou have different rights when you are driving thanwhen you are walking. When you are driving, policecan stop you for many reasons, including to checkwhether you are impaired. When you are walking,they need a reason they can explain and justifybefore they can stop you. Just because the policestop your car does not mean they can search you orthe car. The police can only search your car if:1. You give them permission. You do not have togive police permission.2. You have committed a criminal offence, likedrunk or dangerous driving.3. You are arrested.4. They see something sitting in your car in plainview or smell something that raises suspicionand gives them reasonable grounds for thesearch.If the police “seize” your property, it means theyhave taken your property. The police can only takeyour property if it is somehow connected to a crime.If you have paid for your property with moneyyou got from crime, or you have used it when youwere committing a crime, or owning the propertyitself is a crime, the police can take it.They can also take property thatmight give them evidence. Policecan seize alcohol from you if youare drinking in public, and youare not in a licensed bar orrestaurant. Police may also seizeunopened alcohol if it is going to be used for anunlawful purpose.The court should order your lawfully ownedproperty returned once it is no longer valuable asevidence. Your illegally owned property may bedestroyed, and will not be returned to you, even ifcharges are not pursued.16 17