Originally Posted by
FatCap23
BEING SEARCHED AND/OR HAVING ITEMS CONFISCATED :
Typically if police ask if they can search you then it's a sign you might not be as screwed over as you'd think you'd be. If police have probable cause to search you, or have a search warrant then they wouldn't need to ask you, they'd straight up tell you "I'm going to search you" or whatever. So if they ask, reply with something a long the lines of "No, I do not give you consent to search me." Remember that when dealing with the police always be polite and friendly. Being hostile, angry, or even being a smart ass can work against you. You've got to make yourself sound educated and let them know that you are aware of your legal rights and freedoms, but don't let yourself sound sarcastic or like a smart ass, so sound friendly, polite, and as cooperative as you can while still upholding your rights and freedoms in order to cover your ass. If they begin searching without asking, remember to tell them (clearly) that you do not consent to the search of yourself or your belongings. If they give you a response like "it doesn't matter" or "I'm going to search you anyway" tell them that this is unlawful and anything found under and unlawful search cannot be used in court. As the Canadian Charter of Rights and Freedoms says "Everyone has the right to be secure against unreasonable search or seizure."
Now let's say the police have probable cause. Probable cause can include the smell of marijuana/alcohol/etc, having clearly seen you deface property, obvious intoxication (you look/act drunk or high), etc. If an officer doesn't say anything and begins searching clearly remind them that you DO NOT give consent to be searched or to have your belongings searched. This is when they would mention probable cause (or a warrant) if they have it. Make sure the officer clearly states what probably cause he/she has, and what they are looking for. If probable cause is the smell of marijuana, then make sure they state that they are searching for marijuana. If and when they find paint/markers/etc on you, this is the same as an unlawful search, as none of those items can be used against you. This is why it's very important to make sure you know under what cause they are searching you and what they are searching for. Now to be honest, I believe that probable cause is in the discretion of the officer (another reason why being friendly/polite and as cooperative as possible is good), so that means I can't be positive if the police would consider paint on your hands/clothes or rattling cans in your schoolbag as probably cause (although being scene commit the crime is probable cause). However as far as I know, having paint on your hands/clothes is not illegal, and neither is the possession of spray paint or markers if you are over the age of 18. None the less, if you can silence your cans (I hear powerful magnets applied to the base work), wear gloves, and roll up your sleeves, it probably wouldn't hurt. Try to avoid getting paint on your shoes either. But in this case if they say they have probable cause because of cans rattling, etc, then it probably wouldn't hurt to state "I have nothing illegal in my possession and do not give consent for me or my belongings to be searched." Although the must state what they are searching for, it's probably a good idea to leave other illegal objects at home, such as drugs, alcohol (especially if open and/or if underage), weapons, etc. It also doesn't hurt to leave anything that may be incriminating (sketchbooks, etc.) at home while on missions as well. If they do search you and find spray paint, thats as incriminating as you'd want to be, no need to add salt to the wound.
Warrants is very similar to probable cause, as in the warrant is to search for a specific item. So if they have a warrant for drugs, and find paint, there is no need to get overly worried.
In general searches are not a big deal, as you can probably get off without being searched, and even if they do, all they've done is found spray paint and/or markers. This is somewhat suspicious, but not illegal, so don't incriminate yourself by admitting to have done any illegal activities with the paint/markers. If they ask if you have done anything illegal with them, you can choose to lie (if proven wrong, this could hurt you), or you could choose not to answer. The only information you are required to give to police is your name, address, and date of birth (probably shouldn't lie when giving out that information either, this can get you in even deeper shit, as giving false identification is an offense). If they give you an open-ended question like "what have you used these for" you can answer also very broadly with a response like "painting." If they ask what you were painting, time to shut your mouth and refuse to answer again. Of course, if you wanted to get real technical you could spray a little bit of paint onto a wall in your bedroom, and old bicycle, anything, and if they ask what you painted you could say "I have used this to paint a wall in my room" or "I have used this to paint my bicycle", etc. Of course, saying you ONLY used it to paint a wall/bicycle would be lying. Don't lie if you can give answers like those listed above. Notice how it says "I have used this to paint a wall in my room," and not "I have ONLY used this to paint a wall in my room." If asked why you have them in your schoolbag at such an obscure hour, you could reply that you placed them in there earlier and haven't dropped them off at home yet. This would technically be true, since you did place them in your bag earlier, and haven't dropped them off at home yet...
UPDATE (Sept 1 / 2005): A (popular) example of police trying to trick you into letting them having items in your possession that they can not legally confiscate is to ask you "If you were me, would you take the paint?". Basically this is them ASKING for LEGAL PERMISSION to take your paint away from you, but they try to word it otherwise. The best way to answer this is to say that spraypaint isn't illegal and that you'd like to keep your possessions. Don't play along with the whole 'if you were me' game, it's all a bunch of bullshit, they're just trying to get you to answer in a way that gives them the permission they need. If they could just take your paint, they would, without asking.
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