Stun Baton Flashlight (repost)

The judge part asking what is it for, dozens are being used in my area for walking in the woods,bear,dogs, anything as soon as you make it spark the sound makes anything bug out,one guy had a video of a big bear tripping he couldn't get away fast enough
 
GLOCK_PERFECTION said:
I bet they know it's not prohibited and they'll not charge you. They're just want to confiscate the stun baton.
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This is correct. If they really thought it was prohibited, they would forward a report to Crown counsel recommending charges, and Crown would probably approve it. The fact that they didn't do that tells you all you need to know on the police view of the legality of the item.

This is all just... they don't want you to have it... laws be damned... We are going to nanny-state tell you what you can and can't have.

RayHill said:
Question: If there's no paperwork regarding a seizure of an item who's to say the OP property isn't now in chief Wiggums personal collection of Non firearms prohibited weapons so he can show and play with his buddy's while having beers.
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This is exactly the risk in these scenarios... and why the seizure and detention process is regulated by the Criminal Code and the court, not the police. Of course, in this country, people want somebody else to do everything for them... which doesn't happen... so the system gets sloppy and more corrupt as the decades creep on... and you get police seizing property on the basis of... nothing... no legal basis... no review... no worries... because Canadians don't fight back anyway.

Dave_G said:
Re: fighting to get a seized item back. If it's the RCMP who seized it, it will have been destroyed before you can even think about initiating the process. Buddy of mine works for a rural fire department that shares a building with the local detachment. They cut things up for them on the same day as they have been seized. Example - mental health check, individual was reported suicidal and taken to the looney bin. Had a large knife and sword collection. Chop chop!
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If that is happening, then that is totally illegal. Only a court can order forfeiture. If there is no forfeiture order, they are destroying property that is not theirs which the court has not made an order on.

I've gotten tons of stuff back from police over the course of my career, including the RCMP. All kinds of firearms, ammunition, reloading supplies, knives, swords, axes, phones, computers... you name it. I can be done.

On the RCMP, strangely - despite the beating they have taken over the last 10 years or so - they are better, fairer and more professional in my view than the Municipal Police Departments in BC. Some of the municipal police departments... New Westminster, Delta, Abbotsford and Saanich come immediately to mind... are horrendous to deal with. There are exceptions... I dealt with a truly fantastic Abby Detective on a file two years ago... but usually you are dealing with a bunch of mentally stunted bullies who never developed beyond the elementary school playground, but now they carry around guns and act under the authority of "POLICE". I could tell you stories that even the most jaded of CGN'ers would struggle to believe.

Interestingly though, while the public are easily intimidated by police... the police themselves are easily intimidated by the prospect of having to explain themselves to a judge. The police, of course would deny that to their last breath, but my years of practice have proven that to me beyond all doubt. They generally fold like a cheap suit as soon as they are pressed with the prospect of having to explain themselves in court.
 
ghostie said:
This is correct. If they really thought it was prohibited, they would forward a report to Crown counsel recommending charges, and Crown would probably approve it. The fact that they didn't do that tells you all you need to know on the police view of the legality of the item.

This is all just... they don't want you to have it... laws be damned... We are going to nanny-state tell you what you can and can't have.



This is exactly the risk in these scenarios... and why the seizure and detention process is regulated by the Criminal Code and the court, not the police. Of course, in this country, people want somebody else to do everything for them... which doesn't happen... so the system gets sloppy and more corrupt as the decades creep on... and you get police seizing property on the basis of... nothing... no legal basis... no review... no worries... because Canadians don't fight back anyway.



If that is happening, then that is totally illegal. Only a court can order forfeiture. If there is no forfeiture order, they are destroying property that is not theirs which the court has not made an order on.

I've gotten tons of stuff back from police over the course of my career, including the RCMP. All kinds of firearms, ammunition, reloading supplies, knives, swords, axes, phones, computers... you name it. I can be done.

On the RCMP, strangely - despite the beating they have taken over the last 10 years or so - they are better, fairer and more professional in my view than the Municipal Police Departments in BC. Some of the municipal police departments... New Westminster, Delta, Abbotsford and Saanich come immediately to mind... are horrendous to deal with. There are exceptions... I dealt with a truly fantastic Abby Detective on a file two years ago... but usually you are dealing with a bunch of mentally stunted bullies who never developed beyond the elementary school playground, but now they carry around guns and act under the authority of "POLICE". I could tell you stories that even the most jaded of CGN'ers would struggle to believe.

Interestingly though, while the public are easily intimidated by police... the police themselves are easily intimidated by the prospect of having to explain themselves to a judge. The police, of course would deny that to their last breath, but my years of practice have proven that to me beyond all doubt. They generally fold like a cheap suit as soon as they are pressed with the prospect of having to explain themselves in court.
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please share some stories...this thread needs filler until the court date !
 
canadiantbone said:
Abby police seized it....they are now using it for their educational process.

For me, It's not about the 49.99 , it's the point that even after I cited the law , they still took it. With help from my neighbour( criminal lawyer) I plan to do this myself.
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Why not try another approach...? If the officer did indeed neglect to file appropriate paperwork documenting the seizure, this could be viewed as a theft. (Theft under colour of authority, Breach of public trust, etc. etc.) Go straight to Crown Attorney's office and lay a private information requesting theft charges be brought against the officer (see if you can name his immediate supervisor as well. Heck add the chief's name if you can).

Then file a complaint with the Professional Standards Bureau of the department (or whatever Internal Affairs-type equivalent they have). Is there a civilian oversight body out there? File a complaint with them as well. Bury them in paperwork.

At same time, check the local papers for a pro-gun reporter. (I know the National Post has a few, maybe the Sun as well). Make them aware of all this and see if they'll report on it.

If the police want to push... push back!
 
Bad Lieutenant said:
Why not try another approach...? If the officer did indeed neglect to file appropriate paperwork documenting the seizure, this could be viewed as a theft. (Theft under colour of authority, Breach of public trust, etc. etc.) Go straight to Crown Attorney's office and lay a private information requesting theft charges be brought against the officer (see if you can name his immediate supervisor as well. Heck add the chief's name if you can).

Then file a complaint with the Professional Standards Bureau of the department (or whatever Internal Affairs-type equivalent they have). Is there a civilian oversight body out there? File a complaint with them as well. Bury them in paperwork.

At same time, check the local papers for a pro-gun reporter. (I know the National Post has a few, maybe the Sun as well). Make them aware of all this and see if they'll report on it.

If the police want to push... push back!
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I like that ! Let the games begin ! Also what's with the teacher sticking her nose in somebody else's business ? Just one more reason for me not to support teachers in any way
 
Ernst said:
I like that ! Let the games begin ! Also what's with the teacher sticking her nose in somebody else's business ? Just one more reason for me not to support teachers in any way
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Unfortunately most of today's educators are left leaning liberal types. Socially engineered sheep to the max. I'm not saying all but most. Hell , it's been going that way for a while with teachers. They teach political correctness and the acceptance of the unacceptable everyday. Wish they would just teach kids math , science , history , reading/writing etc. like they are paid to and keep their personal opinions and life choices out of the ciriculum.
 
Good Luck OP! Sucks that you have to go through this shyte, here's hoping the law (the return of your wrongfully seized property) actually works out in the end.

Tagged
 
Bad Lieutenant said:
Why not try another approach...? If the officer did indeed neglect to file appropriate paperwork documenting the seizure, this could be viewed as a theft. (Theft under colour of authority, Breach of public trust, etc. etc.) Go straight to Crown Attorney's office and lay a private information requesting theft charges be brought against the officer (see if you can name his immediate supervisor as well. Heck add the chief's name if you can).

Then file a complaint with the Professional Standards Bureau of the department (or whatever Internal Affairs-type equivalent they have). Is there a civilian oversight body out there? File a complaint with them as well. Bury them in paperwork.

At same time, check the local papers for a pro-gun reporter. (I know the National Post has a few, maybe the Sun as well). Make them aware of all this and see if they'll report on it.

If the police want to push... push back!
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This. File the appropriate complaint with whichever organization's 'internal affairs' equivalent. They are really cutting down on corrupt policing as opposed to what they used to be decades ago.
 
My friend and co worker was facing two counts of possession of a prohibited weapon because of these.. After over a year of court dates and $7000 on a lawyer he was charged with a single count of possession of a prohibited weapon, given 6 months of probation and his fines total close to $9000... This was in Alberta. The judge told him he doesn't care what he read online, it's a prohibited weapon and will be treated as such everywhere.

Pretty harsh.
 
pipeliner said:
My friend and co worker was facing two counts of possession of a prohibited weapon because of these.. After over a year of court dates and $7000 on a lawyer he was charged with a single count of possession of a prohibited weapon, given 6 months of probation and his fines total close to $9000... This was in Alberta. The judge told him he doesn't care what he read online, it's a prohibited weapon and will be treated as such everywhere.

Pretty harsh.
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WOW!!! ghostie please comment on this one! All I can say is WOW!!!

Cheers
Jay
 
Yes true story, I will ask him for pictures of whatever paper work they gave him. (Tickets etc.)

I should have mentioned that he was facing prison time. If he didn't have a clean record the judge would not have "taken it easy" on him.

And before anyone asks or speculates as to what he was doing with them.. He was speeding on his way home from work (northern Alberta pipeline.) The officer found them in the back of his Yukon (not in the driver door or under the front seat.) He told him it's also going to be up to him to prove in court that his intent was solely for wildlife protection and not for humans.

I ordered a cane and baton because I thought these were amazing.. I have since thrown them in the trash.
 
I bought thousands of dollars worth of gear from the retailer and they are very trustworthy, not sure what to do, I wonder if there is a way do deactivate the stun function, at least I would have the baton and light still available!
 
pipeliner said:
And before anyone asks or speculates as to what he was doing with them.. He was speeding on his way home from work (northern Alberta pipeline.) The officer found them in the back of his Yukon (not in the driver door or under the front seat.) He told him it's also going to be up to him to prove in court that his intent was solely for wildlife protection and not for humans.
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Why was the cop authorized to search his vehicle?

Something about this case doesn't ring true. Not getting all the info here...

I bought one of these... and to be honest, I got it here and have no clue what I'd ever do with it. Looks cool though :cool:
 
This topic has enough exposure now it would be nice to see the importer/distributor comment or provide further direction where their customers are now becoming liable for their product.
 
mastermind said:
This topic has enough exposure now it would be nice to see the importer/distributor comment or provide further direction where their customers are now becoming liable for their product.
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You can be held liable for a pipe wrench if you say/do the wrong things and have a #### lawyer and/or are willing to cop to a lower charge in exchange for probation and a fine.
 
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