Dealing With The Police

Some commons questions about dealing with the police:

1) Do the police have the authority to stop me on the street and ask me who I am?
2) What if I am driving in my car?
3) What are my rights and what will happen if the police decide to detain or arrest me?
4) Do the police have the authority to search my home?
5) Do the police have the authority to search me?

And Sam Goldstein offers his answers:

1) Do the police have the authority to stop me on the street and ask me who I am?

In most situations, the police do not have the authority to stop you on the street and to start asking you questions. However, it is wise to be polite.

There are a number of good reasons why to tell the police your name:
• You might avoid being arrested because you are not the person the police are looking for;
• You might avoid being detained at a police station until the police determine your name;
• You can be charged with a criminal offence if you give the police a false name or address.

2) What if I am driving in my car?

The police can ask you for your driver's licence, your registration, and your insurance. If you do not show them these documents, then you can be charged with provincial offences.

The police can take your car away from you if you are charged with a 'stunting' offence under the provincial Highway Traffic Act.

The police can demand you take a roadside breath test if you are suspected of drinking and you can also be asked to do "physical sobriety tests" such as walking a straight line or following an officer's finger with your eyes.

The police can require you to return with them to a police station to take a breath test if the police have reasonable grounds to believe that your driving is impaired by alcohol, or you have more than the legal limit for alcohol in your blood.

You do not have the right to speak with a lawyer before taking a roadside test. You do have the right to speak to a lawyer before doing a breath test at the police station.

3) What are my rights and what will happen if the police decide to detain or arrest me?

If the police stop you and you are not sure if you can leave, then politely ask the police if you can leave and if not, then if you are being arrested and what for?

If you are detained or arrested, our Charter of Rights and Freedoms, requires the police:
• to inform you why you have been detained or arrested;
• to inform you immediately that you have right to a lawyer;
• to allow you to speak to a lawyer, in private, as soon as possible, if you ask to do so.

Once you ask to speak to a lawyer, the police should stop asking you questions. Just say, "I want to speak to a lawyer." It does not matter if you do not know a particular lawyer. There is a Duty Counsel lawyers available to you 24/7. If you have a lawyer, you should ask to speak to that person.

If the police continue to ask you questions after you request to a lawyer, you should continue to ask and keep asking until you speak to a lawyer.

It is always in your interest to speak to a lawyer. It is your right.

You should know the police are allowed to continue asking you questions even after you speak to a lawyer, but you do not have to answer their questions. If the police continue asking you questions after you consulted a lawyer politely inform the police that you have the right to remain silent.

4) Do the police have the authority to search my home?

The police can enter your home if they have:
• a warrant that allows them to enter your home to arrest a person;
• a search warrant; or
• your permission or permission from a person in authority in your home to enter.

The police can enter your home in some urgent situations, such as to prevent a person inside from being injured or to prevent the destruction of evidence.

If the police have a search warrant to enter your home, then you can ask to see it. You should check the warrant to see if the information on it is correct - for example, is it for your address, the correct date, and for what hours in which the police can enter your house.

The warrant must contain the name and signature of the issuing judicial official as well as the date and place they signed.

You do not have to give permission to the police to enter your home if they do not have a warrant unless it is an urgent situation. If you do not want the police to enter you home, then tell them. Remaining silent will be seen by the police as permission to enter.

5) Do the police have the authority to search me?

The police can search you, your clothing, and anything you are carrying if they arrest you or if you give them permission to search you. The police can also search you if:

• You are found in a place where they are looking for drugs and the police have believe you have drugs;
• You are found in a vehicle where people are transporting or consuming alcohol illegally and the police have reason to believe you have alcohol on you illegally; or,
• The police have reason to believe you have an illegal weapon on you.

The police can do a "pat down" search for officer safety once you have been detained or arrested.

The Sam Goldstein Advantage:

RIGHTS:
You need legal representation that places the defence of your legal rights as "job one" in any criminal proceeding. Sam Goldstein is a tireless defender of your rights in any criminal legal challenge you may be facing.

PROCESS:
Legal proceedings in criminal matters take time because there is a tedious process to how things work. As a former Crown prosecutor, Sam Goldstein knows the process from the inside and can help turn the various parts of that process in your favour.

ADVOCACY:
Your lawyer must be more than a defender — he must be your energetic advocate, willing to dig for every possible angle and perspective that will cast doubt on the prosecution's case. Sam Goldstein has a respected record for being a true and tireless advocate in every client's unique defence.

DILIGENCE:
Your case may take many months to work its way through the cumbersome court process, but you can be sure that as your legal advocate, Sam Goldstein will be on top of all matters every step of the way.

Contact Sam Goldstein, criminal defence lawyer, for effective and responsive legal care.