Yes. As of March 2024, Safety officers and cadets, other officers of the peace, can search, detain, arrest etc.
https://preview.redd.it/57has50uul6d1.jpeg?width=750&format=pjpg&auto=webp&s=c986344e4c4619205cfa8fe8d910be7a6ba6daec
[https://news.gov.mb.ca/news/index.html?item=62197&posted=2024-03-04](https://news.gov.mb.ca/news/index.html?item=62197&posted=2024-03-04)
Either you're saying Police Cadets and Safety Officers in Manitoba are no longer subject to federal Charter limitations, or you've made an assumption they had a probable cause to rummage through someone's private property. The OP suggests a failure of cadets to inform citizens of their rights and the reason given for the search doesn't seem to meet any reasonable threshold. It sounds like they were looking for some non-existent alcohol, not a weapon or anything like that.
See [https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art8.html](https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art8.html)
And a condensed version, from [https://wilsoncriminaldefence.com/faqs/when-can-the-police-search-me/:](https://wilsoncriminaldefence.com/faqs/when-can-the-police-search-me/:)
"A police officer in Canada cannot simply stop and search you without reasonable grounds to believe that you have been involved in a crime.
The police must follow the correct procedure and respect your rights under the [Canadian Charter of Rights and Freedoms](https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/)."
There was no extra info about the situation when I replied. They asked a question. I gave a possible answer with a link. No assumptions. Calm down. 🙄
I doubt there was a clear nexus to a reasonable ground to exercise their right to search without a warrant.
Put in a complaint as I doubt these guys put enough into their notes to back up what they did.
No police can search your belongings without either your consent or reasonable grounds to believe there is an imminent threat to the safety of the public. Without either of those things no police, peace, or safety officer can search you. If there is reasonable grounds for a search Cadets are able to conduct said search under Manitoba law as they are peace officers.
Reasonable grounds is the murky area. All he has to do is say he thought he saw a half empty bottle in there and he has grounds to search.
Not saying it's right or fair.
That's not true and that wouldn't hold up as reasonable grounds in court. Reasonable grounds for a search not attached to an arrest or other lawful form of detention requires there to be a public safety risk. A half empty bottle does not constitute a public safety risk.
If OP was arrested wrongfully, ie. without reasonable suspicion they had committed a crime or were in the process of committing a crime, then they have a wrongful arrest case they could pursue against the WPS.
Also not illegal to have a half empty or any other amount of bottle on your person unless you are in a vehicle, which would be a totally different thing.
You can still file a complaint based on the fact that nothing resembling a half empty bottle was found. Most people don't file complaints, which is why they continue to pull stunts like this.
In my opinion, it sounds to me like OP's rights were violated. But I'm not a lawyer, and I obviously wasn't there.
What an unfortunate encounter. It has me asking myself: Is this really the image of itself Winnipeg wants to project?
When you say you were waiting by Woodbine, we're you on the grounds of the jazz festival? If you're in a private place, you may need to consent to a search... like going to the arena.
I would file a complaint, the police (or cadets) don't have the right to randomly search you without probable cause (ie, see you publicly consuming a bottle and putting it in your bag).
If a cadet is ignoring the public's basic charter rights, it's best to nip that in the bud before they get hired into the WPS.
Nope. In that situation you are consenting to a search to gain admittance, you can still say 'no' and leave. It sounds like the OP didn't have a choice.
It's a fishing expedition. If they find drugs or weapons, they're the big hero of the day. Since most people don't stand their ground and say 'no', know their rights, or file a complaint, they continue to get away with it.
Likely no. But also depends on the situation. You leave out a lot of details like where you were, what you were doing etc.
Cadets do not have the policing power of regular officers and are very limited in what they can and can not do in enforcing laws in situations. If you give more details you might get a better answer.
Edit: now that you’ve added details, if you are just sitting in a public area, no they can not search you bag without reasonable ground of public safety or your consent. Even if you did have alcohol in your bag, there is nothing illlegal about transporting it in a closed bag. However if you were inside a sectioned off area for jazzfest and signage indicated that no alcohol was allowed on the premise, then yes they can search you on that suspicion.
Withholding alcohol? From where? Definitely not illegal to have alcohol in a bag in public.
From wherever they thought I had alcohol lol
Yes. As of March 2024, Safety officers and cadets, other officers of the peace, can search, detain, arrest etc. https://preview.redd.it/57has50uul6d1.jpeg?width=750&format=pjpg&auto=webp&s=c986344e4c4619205cfa8fe8d910be7a6ba6daec [https://news.gov.mb.ca/news/index.html?item=62197&posted=2024-03-04](https://news.gov.mb.ca/news/index.html?item=62197&posted=2024-03-04)
Only with probable cause though.
Either you're saying Police Cadets and Safety Officers in Manitoba are no longer subject to federal Charter limitations, or you've made an assumption they had a probable cause to rummage through someone's private property. The OP suggests a failure of cadets to inform citizens of their rights and the reason given for the search doesn't seem to meet any reasonable threshold. It sounds like they were looking for some non-existent alcohol, not a weapon or anything like that. See [https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art8.html](https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art8.html) And a condensed version, from [https://wilsoncriminaldefence.com/faqs/when-can-the-police-search-me/:](https://wilsoncriminaldefence.com/faqs/when-can-the-police-search-me/:) "A police officer in Canada cannot simply stop and search you without reasonable grounds to believe that you have been involved in a crime. The police must follow the correct procedure and respect your rights under the [Canadian Charter of Rights and Freedoms](https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/)."
There was no extra info about the situation when I replied. They asked a question. I gave a possible answer with a link. No assumptions. Calm down. 🙄
I doubt there was a clear nexus to a reasonable ground to exercise their right to search without a warrant. Put in a complaint as I doubt these guys put enough into their notes to back up what they did.
They still need a reason to search. They cannot stop and search without cause or permission.
No police can search your belongings without either your consent or reasonable grounds to believe there is an imminent threat to the safety of the public. Without either of those things no police, peace, or safety officer can search you. If there is reasonable grounds for a search Cadets are able to conduct said search under Manitoba law as they are peace officers.
Reasonable grounds is the murky area. All he has to do is say he thought he saw a half empty bottle in there and he has grounds to search. Not saying it's right or fair.
That's not true and that wouldn't hold up as reasonable grounds in court. Reasonable grounds for a search not attached to an arrest or other lawful form of detention requires there to be a public safety risk. A half empty bottle does not constitute a public safety risk. If OP was arrested wrongfully, ie. without reasonable suspicion they had committed a crime or were in the process of committing a crime, then they have a wrongful arrest case they could pursue against the WPS.
Also not illegal to have a half empty or any other amount of bottle on your person unless you are in a vehicle, which would be a totally different thing.
Even that’s fine as long as it’s out of the drivers reach.
You can still file a complaint based on the fact that nothing resembling a half empty bottle was found. Most people don't file complaints, which is why they continue to pull stunts like this.
You are allowed to have a half empty bottle in your bag in public. You’re not allowed to be drinking from it.
In my opinion, it sounds to me like OP's rights were violated. But I'm not a lawyer, and I obviously wasn't there. What an unfortunate encounter. It has me asking myself: Is this really the image of itself Winnipeg wants to project?
I don't think so. I don't even think the police can without reason. Of course if they have 'reason to believe" they can.
When you say you were waiting by Woodbine, we're you on the grounds of the jazz festival? If you're in a private place, you may need to consent to a search... like going to the arena.
Not even ground. We were sitting by the parking lot nowhere near the grounds
I would file a complaint, the police (or cadets) don't have the right to randomly search you without probable cause (ie, see you publicly consuming a bottle and putting it in your bag). If a cadet is ignoring the public's basic charter rights, it's best to nip that in the bud before they get hired into the WPS.
Nope. In that situation you are consenting to a search to gain admittance, you can still say 'no' and leave. It sounds like the OP didn't have a choice.
I don't think even actual police can just stop and search your bag for no reason
File a complaint they cannot do that.
It's a fishing expedition. If they find drugs or weapons, they're the big hero of the day. Since most people don't stand their ground and say 'no', know their rights, or file a complaint, they continue to get away with it.
Likely no. But also depends on the situation. You leave out a lot of details like where you were, what you were doing etc. Cadets do not have the policing power of regular officers and are very limited in what they can and can not do in enforcing laws in situations. If you give more details you might get a better answer. Edit: now that you’ve added details, if you are just sitting in a public area, no they can not search you bag without reasonable ground of public safety or your consent. Even if you did have alcohol in your bag, there is nothing illlegal about transporting it in a closed bag. However if you were inside a sectioned off area for jazzfest and signage indicated that no alcohol was allowed on the premise, then yes they can search you on that suspicion.
Get a lawyer and delete this post.
Good work CoW. Keep chasing away the last of the people who actually still want to put money into downtown lol just freaking idiotic.
[удалено]
Lol why would you think a job application would have the answer?