Please note the disclaimer that nothing in this site constitutes legal advice. If you would like to have a consultation, please contact me.
Stopped by the Police
If you are stopped by the police, the following advice, consisting of 15 points, from the American Civil Liberties Union’s earlier Bustcard [see current version] is wise to follow:
1.
Be
polite and respectful. Never bad-mouth a
police officer.
2.
Stay
calm and in control of your words, body language and emotions.
3.
Don't
get into an argument with the police.
4.
Remember,
anything you say or do can be used against you.
5.
Keep
your hands where the police can see them.
6.
Don't
run. Don't touch any police officer.
7.
Don't
resist even if you believe you are innocent.
8.
Don't
complain on the scene or tell the police they're wrong or that you're going to
file a complaint.
9.
Do
not make any statements regarding the incident.
10.
Ask
for a lawyer immediately upon your arrest.
11.
Remember
officers' badge & patrol card numbers.
12.
Write
down everything you remember ASAP.
13.
Try
to find witnesses & their names & phone numbers.
14.
If
you are injured, take photographs of the injuries as soon as possible, but make
sure you seek medical attention first.
15. If you feel your rights have been violated, file a written complaint with
police
department's internal affairs division or civilian complaint board.
If the police stop you on the street, they will probably ask you
questions. Remember, you are under no
obligation to answer any questions. Ask
if you are under arrest or free to go. If
an officer says you are under arrest, ask what the charge is and tell the
arresting officer you wish to remain silent and want to call a lawyer as soon
as possible. In some circumstances, the
police may pat you down for weapons, even if they are not arresting you. If you are arrested, the police will do a
more complete search right on the spot. You
do not have to consent to any search of your person, car, house or other
property. You may wish to make it clear
that any search is without your consent.
If the police go ahead and conduct a search anyway, do not resist or try
to stop them. Whether the police have
the legal authority to make the search will have to be left for a judge to
decide later.
Remember, you can't be arrested for refusing to answer questions
or refusing to consent to a search. If
however you make a scene or try to stop the police from doing anything, you
might be arrested for causing a disturbance, obstructing an officer or some other
breach of the peace. Too often people
don't get charged or convicted with anything the police stop them for, only to
be convicted for something arising out of the involvement. You should provide the police with your name
and address only. Never give a false
name or provide false information and never carry identification that does not
belong to you. Doing any of these may be
a criminal offence.
If you are the driver of a
vehicle you should always stop when signaled to do so by a police officer. If you are the driver or owner, you must
produce your license, registration and insurance. Passengers, are not obligated to produce
anything, but they probably should identify themselves. If however something is found in the vehicle
or on the driver, the police may want to search the passengers. The police may or may not have grounds to
search a vehicle, or its occupants, but if they go ahead on their own, the occupants should not
resist, but should make it clear, they are not consenting to the search.
In some circumstances, an officer may ask the driver to provide a
roadside breath test. Unless a physician
has given you medical advice--you should have it in writing--that such a
procedure is dangerous to your health, you must comply without delay and must
comply with any demand to accompany the officer for a more formal test. You are not entitled to consult counsel
before taking a roadside test, but the rule is different when you get to the
police station. Even if you are not
under the influence of alcohol, refusing to provide a breath sample may result
in a conviction that has all the same consequences as a conviction for impaired
driving. Remember, the ACLU says you
should always keep your hands where the police can see them. If you are reaching into your pocket or
underneath a car seat, the police might legitimately believe you are trying to
conceal something or are attempting to reach for a weapon. If you need to retrieve something, tell the
police what it is and ask for permission to get it.
The police cannot enter your home to arrest you or to conduct a search unless
1. they have a warrant;
2. you give them permission, or
3. it is an emergency (exigent
circumstances).
(a) has reasonable grounds to suspect that entry into the
dwelling-house is necessary to prevent imminent bodily harm or death to any
person; or
(b) has reasonable grounds to believe that evidence relating to
the commission of an indictable offence is present in the dwelling-house and
that entry into the dwelling-house is necessary to prevent the imminent loss or
imminent destruction of the evidence.
Keep in the mind that a disturbance in your home may be considered
an emergency or the police may be justified in entering your home simply based
on a 911 call.
Although a pat down may be justified, a search warrant shouldn't
be used to search parties who are merely guests in someone else's home. However, the law on this point is not
necessarily settled in Canada.
Remain silent, call a
lawyer: The police must tell you that you have a right to a lawyer and that you
may reach a 24-hour free duty counsel. They
must allow you a reasonable opportunity to reach a lawyer of your choice. This means they cannot limit you to one
attempt, but you are not going to be allowed unlimited calls to the same lawyer
or different ones. Ask to call a family
member or friend. You might only be
allowed one such call, so you should call the one party who can do the most for
you in this situation. If you are a
minor, the police must try to contact your parent or guardian.
If you are a national of another country, you have a right to
contact a consular officer who may be of assistance. While the police will tell you in so many
words, you have a right to a lawyer, they may also be looking to get a
statement from you. Their attitude may
suggest it would be to your advantage to co-operate. Don't buy it.
The police can't keep you locked up forever. Excepting in remote parts of the country, the
police must either release you or have you before a justice of the peace within
24 hours of your arrest so that the bail process may begin. When dealing with the police, keep in mind
they have a difficult job to do. In most
cases, they are doing their work in an honest and fair way. Know what rights are. Just don't make a show of how much you know
or make things difficult for the police or yourself.
Please note the disclaimer that nothing in this site constitutes legal advice. If you would like to have a consultation, please contact me.