No Driver's License

[EnSabahNur]

Well, for the second time now I got in trouble for having no Driver's License. I was approached by a Police Officer today after parking at Home Depot, and he demanded "License and Registration", literally. So I said "I'm sorry, I don't know what you mean".



Officer "Oh, a wise guy eh..you're under arrest", and he proceeded to slam me up against his car and then reached into my pocket to get my wallet. I grabbed my wallet out of his hands and said "You have no right to search my pockets or steal my property" and I put it back in my pocket. So he then handcuffed me roughly and claimed "I can do whatever I want, I have every right". Then threw me in the back of the car. He proceeded to write me out two tickets based on the documents from my wallet. He asked me "What's your address?" to which I replied "What's your name"

Officer "I asked you what your address was!"

Me "and I asked you what your name was"

Officer "You'll get my badge number on the ticket"

Me "unless you have a court order you are impersonating a Police Officer, if you do not you are operating in your private capacity, do you have a claim against me..blah blah...I request you release the order of the court to me immediately", so he requested back-up at that point....I'm in handcuffs in the backseat this whole time????



Anyways, I followed up with "Who is your bonding agent, and who is in charge of risk Management." He did not even acknowledge that I was speaking to him. They let me sit in there for 1/2 an hour while he talked with the other officers, then came to get me. When he opened the door I said "You better hurry if I'm under arrest, you only have 1 1/2 hours left to bring me before the Magistrate", when they uncuffed me and said they were going to release me (haha) and I would have to tow the vehicle I said " Why don't you tow it" (knowing I was on private property and he had even less authority to do that than he normally would) he yelled "That is YOUR responsibility", so I called a friend and he came and drove it away (hahahaha).



Now, here's the question, I NEVER gave him my name or answered ANY of his questions, yet he wrote me up tickets based on the info in my pockets...exactly how many bad things is he guilty of, because this guy was such a ****head, that I want to nail this ****er to the wall. I plan on writing up an "Affidavit of Truth" on the matter and serving him with it, then I will fine him after he has not rebutted it within the 30 days given at whgich time it becomes irrefutable evidence.



But I also want to go to the JP and write up an information to get a summons...not for the officer, but for the actual natural-person, as he had NO court order....therefore no authority and he was operating in his private capacity.



I'll cancel the tickets too. But Does that sound right on the other points?



I'm going to have to start getting nasty with them, I think they are looking for me now after the **** I've been causing...I cannot think of any other reason he would approach me in the Home Depot parking lot?

[Wilde]

First off that was "ballsy" of you, lol! The 2 tickets that were writen by the prick, what were they for? I would have done things a bit differentely. It's easier to just be nice to him but at the same time throw his laws in his face.

POLICE OFFICERS MANUAL page 520

PERSON:1. The scope of "person" as set out in s.2 of the Criminal Code R.S.C. 1985, c.C-46 extends somewhat beyond the individual, covering additionally public bodies, corporations, societies and companies, but groups having common characteristics such as race, religion, colour and ethnic origin are not included in the definition (R. v. Keegstra[1990] 3 S.C.R. 697).

2. The term, as used in s. 203 of the Criminal Code R.S.C. 1970, c.C-34 is synonymous with the term "human being" ( R. v. Sullivan [1991] 1 S.C.R. 489) 3.In the context of s.11 (b) of the Charter includes corporations. ( R. v. C.I.P Inc.[1992] 1 S.C.R. 843)

4."Persons are of two classes only- natural persons and legal persons. A natural person is a human being that has the capacity for rights or duties. A legal person is anything to which the law gives a legal or fictious existance and personality, with the capacity for rights and duties. The only legal person known to our law is the corporation-body corporate" ( Hague v. Cancer Relief & Research Institute [1939] 4 D.L.R.191 (Man. K.B.)) '


You show him any ID you do have. A health card will do. Now make sure you don't allow him the chance to "assume" you're that legal person. This can be done however you like. I'd simply state before i even handed him the ID that i was the authorized agent of the all cap name appearing on the ID. Can you say "thumbs up their asses"?

[Wilde]

I just noticed I responded to a thread that was nearly 2 years old and had no replies.

[RickA]

Speaking of, does anyone know what has happened to EnSabahNur?
Hasn't posted in a while.

[charlesa6]

It just takes time out like everybody else. I'm sure, he will be back.