It can be very intimidating to be confronted by a police officer. There are a lot of people who feel like they have to give the officer the information they are requesting. This may be out of fear, out of misinformation or out of the desire to help. However, remember that you have rights even when dealing with police officers.
Police officers can stop you under three general circumstances:
- If they suspect that you have committed a crime
- If they see you committing a crime
- If you are driving
If the police do not arrest you or if they do not have grounds to detain you, they must let you be on your way, and you have no obligation to speak with them. To find out if you are under arrest or detention, politely ask the officers, “Am I under arrest?” If they say yes, you can ask why. Alternatively, you may ask the officer “Am I free to go?”, and if the answer is no, ask “why not?”
Do I have to answer their questions?
The police are allowed to approach you and ask you questions. In most cases, you do not have to answer their questions if you don’t want to. However, if you have been involved in a car accident, and the police ask you questions about the accident, you could be charged with an offence if you do not provide any answers.
If you are detained or arrested by the police, they must inform you or your right to speak with a lawyer and give you an opportunity to do so. If you have been arrested, it is best to not answer any questions until you have spoken with a lawyer. Remember, anything you say can be used against you.
Speaking to the police can be intimidating and frustrating. It is a good idea to get legal advice before or after making statements to the police.
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