Log in

View Full Version : Can I be arrested in Canada for stolen property in my home?


angrymama
Nov 25, 2011, 08:31 PM
The gist is that the cops think that my step son broke into a house and stole property. These people happen to be friends of mine. The police came here and asked to search my home I had every intention of willingly letting them and did in fact do this. HOWEVER, when they came in they threatened me by telling me that if I did not willingly let them search his room then they would get a search warrant and if they found stolen property in his room after they got the search warrant they would arrest every member of my family. (I have minor children and this was stated in front of them) They then said if I willingly let them search and they found it in his room they would only arrest him. They searched and found NOTHING. The threats were unnecessary as I had every intention of letting them search. However I am very angry that the police threatened me in front of my children and want to file a complaint but want to know if the threats were even accurate first. I also found it very odd that they sent FIVE non uniformed police to do this search. I know my friends have police officer friends and wonder if this was an abuse of power.

Fr_Chuck
Nov 25, 2011, 08:35 PM
If there is stolen property in your home, they may arrest the owner of the home or they can be charged.

There is a issue on allowing them to search your "sons" room,
Not up on your law there exactly, but here, if he is over 18 and has his own room, even if you own the home, you may not have permission to allow them to search HIS room.

You can but if they do, he could contest any evidence found.

Yes the threats were uncalled for, unless you said no, if you had said no, it is a common threat.

ScottGem
Nov 26, 2011, 08:10 AM
As Chuck said this is a common threat and not empty. If stolen property is found on the premises, everyone could have been arrested and things sorted out at the local station house.

Not sure about the constraints on police up there, but in the US police are allowed to stretch the truth and make threats like that. I doubt if you will get very far with a complaint about abuse of power.

I would contact a local attorney to confirm this.

excon
Nov 27, 2011, 03:48 AM
Hello a:

Yes, it was legal for them to threaten you... They STILL suck.

excon

angrymama
Nov 27, 2011, 05:39 PM
Just wondering how I would find out if these cops were even on duty that night... it is possible they were not as they were friends of his & I know they can't come here when they are off duty. Also is it not illegal for them to disclose the fact that my step son has a record and what is on it to other people?

ScottGem
Nov 27, 2011, 05:44 PM
Nope, a criminal record is a matter of public record. It may not be used in a trila, but this wasn't a trial.

As to whether they were on duty talk to the desk sergeant