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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 05-23-2016, 07:48 PM   #1
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Catching someone stealing your stuff, what can you do?

So over the weekend, I caught some bike thief unscrewing my stuff off my bike. Knowing better I restrained from punching him square to the side of the head as I walked towards my bike. It would have literally made my bike unridable if he stole my handle bars and brake levers and cables. I had to call a buddy to bring me a set of tools. Looked like I was jacking stuff but I was tying to put my parts back together on the fly.

While I think I handled it the best possible way by telling the guy to f off, and he fled with one bolt stolen and parts just hanging off my bike, what is the extent that could have been taken had the guy actually made off with something? I'm talking like kicking the guy's back wheel while he tried to bike away or tripping him up. Not actually trying to hurt him, I just don't want to give up my stuff I paid hard earned money for.

This happened once already while I left my bike and I was at work. Someone actually made off with almost all the parts on my previous bike. So, I was pretty livid when I caught some douche trying to lift parts off my second bike.

Thanks.
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Old 05-23-2016, 08:12 PM   #2
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I do not think legally you can assault someone regardless of the situation, but I also think it may depend on the type of officer who shows up to the scene and what their take is on the situation.

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Old 05-23-2016, 08:28 PM   #3
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As an owner oif property you can call Police if you find someone committing an offence against your property and detain them until Police arrive. You may ONLY use as much for as is necessary to restrain them until Police arrive.
3. (1) Subsection 494(2) of the Act is replaced by the following:

Marginal note:Arrest by owner, etc., of property

(2) The owner or a person in lawful possession of property, or a person authorized by the owner or by a person in lawful possession of property, may arrest a person without a warrant if they find them committing a criminal offence on or in relation to that property and

(a) they make the arrest at that time; or

(b) they make the arrest within a reasonable time after the offence is committed and they believe on reasonable grounds that it is not feasible in the circumstances for a peace officer to make the arrest.

Defence of Property

Marginal noteefence  —property

35. (1) A person is not guilty of an offence if

(a) they either believe on reasonable grounds that they are in peaceable possession of property or are acting under the authority of, or lawfully assisting, a person whom they believe on reasonable grounds is in peaceable possession of property;

(b) they believe on reasonable grounds that another person

(i) is about to enter, is entering or has entered the property without being entitled by law to do so,

(ii) is about to take the property, is doing so or has just done so, or

(iii) is about to damage or destroy the property, or make it inoperative, or is doing so;

(c) the act that constitutes the offence is committed for the purpose of

(i) preventing the other person from entering the property, or removing that person from the property, or

(ii) preventing the other person from taking
, damaging or destroying the property or from making it inoperative, or retaking the property from that person; and

(d) the act committed is reasonable in the circumstances.
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Old 05-24-2016, 10:22 AM   #4
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I would always try to contact authorities in this scenario, as if you take the initiative to handle it yourself, things could get violent or dangerous in a sense, so take pre-caution
Best of luck OP
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Old 05-24-2016, 11:58 AM   #5
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One paranoia I have about confronting someone and starting an alteration is that I never know if a crackhead has a used syringe on em...
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Old 05-24-2016, 05:34 PM   #6
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seems like all of our laws with regards to defense of person or property are purposely vague. if he was taking something you could use reasonable force to stop him and detain him, if he didnt take anything you could use reasonable force to detain him until the police arrive.

i probably would not try to start a fight with a crackhead over property unless i had a ranged weapon.
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Old 05-24-2016, 05:46 PM   #7
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sometimes.... asking for forgiveness is better than asking for permission.... i would say this is such time.
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Old 05-24-2016, 08:14 PM   #8
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seems like all of our laws with regards to defense of person or property are purposely vague. if he was taking something you could use reasonable force to stop him and detain him, if he didnt take anything you could use reasonable force to detain him until the police arrive.

i probably would not try to start a fight with a crackhead over property unless i had a ranged weapon.

Welcome to the world Police face....using "reasonable force" to effect an arrest. Not defined at the time, but you will have it defined, in court probably years later, by people who have spent months going over every single detail, who were not there and are armchair experts want to find fault with what YOU did....not the thief.
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Old 05-24-2016, 08:33 PM   #9
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As much as it sucks to have stuff stolen it's not worth risking getting yourself hurt over an inanimate object.

If you want to get the guy caught your best bet is to back off and let him keep fiddling with the bike while you call the cops, trouble is that risks him taking more stuff if he gets away before the cops show up.
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Old 05-25-2016, 09:38 AM   #10
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As much as it sucks to have stuff stolen it's not worth risking getting yourself hurt over an inanimate object.

If you want to get the guy caught your best bet is to back off and let him keep fiddling with the bike while you call the cops, trouble is that risks him taking more stuff if he gets away before the cops show up.
Yeah, that's kinda what I figured, hold back as I never know what the guy had in his backpack. I was wearing a thin t-shirt and shorts and cycling shoes. I just know not to take the bike around junkie area of the city anymore no matter what lock I have. Bolts and screws will always be exposed.
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Old 05-25-2016, 10:35 AM   #11
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I beat a guy up (arrested) who I caught stealing my GF's car and the cops said good job.

Berz out.
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Old 05-25-2016, 06:15 PM   #12
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I beat a guy up (arrested) who I caught stealing my GF's car and the cops said good job.

Berz out.


Who...the thief or you??????
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Old 05-25-2016, 06:26 PM   #13
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They probably just wanted you to put your clothes back on Berz
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Old 05-25-2016, 09:28 PM   #14
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I once asked a police officer that came to my home after I reported someone suspicious, am I allowed to beat the crap out of someone if they tried to rob my home and not be charged guilty of assault. I know in the states there are extreme cases where the victim ends up being charged for beating the living crap out of the person committing the crime.

The officer said I am allowed to since I am defending my "turf", but does not encourage as one does not know if that person may have weapons of some sort. Don't really know to what extent is "defending my turf"...Hope no one ever ends up in such situations.
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Old 05-26-2016, 07:01 PM   #15
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They probably just wanted you to put your clothes back on Berz
That wasn't Berz...it was Randy from Trailer Park Boys....he'll do anything for a cheeseburger.
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Old 05-26-2016, 07:08 PM   #16
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That wasn't Berz...it was Randy from Trailer Park Boys....he'll do anything for a cheeseburger.
But but... story time with Berz! He said he beat the crap out of someone wearing just his boxers IS EVERYTHING A LIE?!
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Old 05-26-2016, 08:29 PM   #17
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But but... story time with Berz! He said he beat the crap out of someone wearing just his boxers IS EVERYTHING A LIE?!
nah...the guy tripped and fell...this was the video evidence
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