What should I do when the police speak to me?
If the police speak to you they are likely looking for evidence with respect to an incident you saw or were involved in. Ask: “Am I free to go?” If they say “no” you are being detained. You are being arrested if the police say: “You are under arrest.” If you are being detained and have not broken any laws and are not driving, you do not have to give your name to the police. If you are being arrested you must give your name and address.
What is the right to counsel and right to silence?
If you are detained or arrested the police must tell you why you are being held against your will. You also have the right to speak to a lawyer and the right to remain silent. Insist on speaking to the lawyer that you want to speak to and never say anything to the police without first consulting experienced counsel. Any information that you give the police will be used to build a case against you. Always get the badge number or name of the police constable you spoke to.
Can the police search me?
You have the right to say “no” if the police ask to search you.
The police can only search you in certain circumstances:
- If the police have reasonable grounds to believe that you are carrying alcohol that will be used for an illegal purpose, illegal drugs, or a weapon.
- If the police have detained you they can do a pat-down search for weapons. They cannot search for needle marks or drugs. Never consent to a further search or turn anything over to the police without first consulting experienced counsel.
- If you are arrested the police can do a full search of you and your personal property.
Can the police strip search me?
The police can conduct a strip search only if they have reasonable grounds to believe you are hiding something under your clothes or in a body cavity. The officer who performs the strip search must be of the same sex as you. If you are kept in police holding cells the police do not have the right to strip search you. If you are taken to a remand centre the police can perform a strip search if you will be in contact with other prisoners.
What should I do if I am arrested?
If you are being arrested you should co-operate fully with the police and provide your correct name. Failing to do so could result in additional charges that can be more serious than the original charges the police are arresting you on. The police can only use as much force as necessary to arrest you and to preserve the safety of all involved. Advise experienced counsel immediately if you believe the police used more force than necessary. Always see a doctor and get photographs if you have suffered any injuries so that there is evidence of what happened to you.
What should I do after the police release me?
The police officer may release you with an appearance notice or an undertaking to appear. You should provide a copy of this document to experienced counsel immediately so that all of your rights can be preserved. You must attend Court on the date specified on the document.
The police may also request that you attend at the police station to be photographed and fingerprinted. The police have the right to take your picture, fingerprints, and measurements if you are charged with certain more serious offences. You should contact experienced counsel to confirm that you are charged with one of those offences before you attend at the police station. If you are fingerprinted or photographed but are ultimately not convicted you can request that your prints and photographs be destroyed (R. v. Dore, 2002, Ontario Court of Appeal).
What should I do if the police do not release me?
The police may hold you in custody in an attempt to get a confession from you. The police are not allowed to threaten you or to make promises to you in order to get a confession. The police are allowed to lie. They may say such things as:
- "Your friends have already told us everything"
- "We have your fingerprints at the crime scene"
- "Can you explain why your DNA was found at the crime scene?"
Speaking to the police will not help you get released and will likely give the police further grounds to hold you. Insist on speaking to the counsel of your choosing and advise counsel of what has happened, especially if the police have threatened you. Do not make any deals with the police. Rely on experienced counsel to handle all discussions with the police and Crown Counsel.
If the police do not release you they must bring you before a Judge or Justice of the Peace within 24 hours to explain why you were not released. You have the right to be represented by the counsel of your choice at that hearing. This hearing will determine whether or not you will remain in custody until the charge is dealt with, so it is imperative that you wait for experienced counsel to assist you. If you are not able to pay for your lawyer immediately you should contact the Legal Aid Call Centre as quickly as possible at 604.681.9736 or toll free at 1.866.577.2525. This is the fastest way to retain your lawyer for your new charge.
Who are undercover officers?
Undercover police officers pretend not to be police officers and dress in disguise. They may dress like an inmate if they are undercover in a jail. They may dress like a homeless person, drug dealer, or businessperson if they are on the street. Undercover officers are allowed to lie and even break the law in some circumstances. If you are in custody do not speak to other inmates about your case. You could be speaking to a police officer. Do not warn others if you know someone is an undercover officer. You could be charged with a serious offence.
What are arrest warrants?
Arrest warrants are an order to the police to arrest a certain person. You could have a warrant for failing to attend Court or for failing to see your bail supervisor. You also could have a warrant by no fault of your own. If you are arrested under a warrant you have all the same rights as when arrested. You have the right to remain silent and the right to speak to counsel. Always insist on speaking to counsel as they will quickly be able to determine the reason for your arrest and will be able to arrange for your release as quickly as possible.
Is public intoxication a charge?
Public areas include malls, parks, lounges, parking lots, and the streets (not your home, hotel room, or the residence of a relative or friend). The police have the right to arrest you if you are intoxicated in a public place. The police must release you once you are sober or once a responsible adult asks the police to release you into their care.
Who can I speak with about my charge?
If you speak to your family, teacher, employer, or friend about your criminal matter that person could potentially be called as a witness against you. You have a guarantee of confidentially if you speak to a lawyer. Do not jeopardize your rights by speaking to anyone but experienced counsel.
Can the police search my vehicle?
If you are walking in a public place the police need a valid reason before they can stop you. When you are driving, the police can stop you for many reasons. They can only search your car if:
- You give them permission (if the police ask to see in your trunk or in a bag in your car you can say "no"),
- The police have reasonable grounds to believe you have committed a criminal offence like dangerous driving (traffic offences do not give them grounds to search your vehicle
- You are arrested
- They see something in plain view (rolling papers, bolt cutters, alcohol, etc.) or smell something (drugs, alcohol, etc. ) that gives them reasonable grounds for a search.
Can the police search my home?
There are only five situations in which the police can search your home without first obtaining a search warrant. They are:
- If you give them permission to conduct a search
- If the police are chasing a person who has run into your home
- If someone is in immediate danger (ie. if a 911 call was made from your home)
- If the police have reason to believe evidence from a crime is being destroyed
- If you or another person is arrested in your home (The police can search the area around the arrested person. They can also search for other people to ensure that no evidence is destroyed prior to their obtaining a search warrant).
If the police obtain a search warrant it must contain four essential elements:
- A general description of what the police are searching for
- A signature by a Judge or Justice of the Peace
- The time period that the police can use the warrant
- The correct address of where the search is to be located.
If the search warrant is missing any of these items, you can tell the police they cannot search your home. Consult an experienced criminal lawyer immediately if you are the subject of a search warrant so that they can act immediately to preserve your rights. Even though the police may have a valid warrant, you still have the right to silence and the right to contact a lawyer of your choice.
Can I retrieve property seized by the police?
The police can only take property from you if they believe it is related to a crime. More specifically they can take property from you if you paid for it using money obtained through criminal means, if you used the property in committing a crime, or if possessing the property itself constitutes a crime. Legitimate property should be returned to you once it is no longer of evidentiary value. Always contact an experienced criminal lawyer if your property has been seized so that they can take all steps necessary to ensure the return of your property.
Can the police take DNA evidence from me?
The police can never take blood or hair samples (DNA Evidence) from you without first obtaining a warrant from a Judge. A Judge will only issue a warrant for the taking of DNA evidence if convinced of two things: 1) the police have reasonable grounds to believe you were involved in a serious indictable offence, and 2) the DNA evidence can prove your innocence or direct linkage to the crime.