What To Expect When Stopped By Police

Transcription

1 What T Expect When Stpped By Plice It is the plicy f the Thunder Bay Plice that its members shall nt discriminate, r attempt t persuade thers t discriminate, against any persn because f race, ancestry, place f rigin, clur, ethnic rigin, citizenship, creed, sex, sexual rientatin, recrd f ffences, age, marital status, family status, handicap r plitical r religius affiliatin. This dcument is designed t prvide infrmatin abut the rights and respnsibilities f bth cmmunity members and the plice. It will als prvide sme infrmatin as t why plice make stps and what yu can expect if yu are stpped by plice. This dcument is nt written t prvide legal advice. If yu have specific legal questins, yu shuld refer t the apprpriate legislatin and/r seek cunsel. Plice Officers may stp peple wh are driving when they bserve an ffence against the Criminal Cde f Canada, prvincial Highway Traffic Act, municipal bylaws r any ther laws, r if the persn r vehicle matches the descriptin f smene in an investigatin. Officers may als stp peple wh are driving t ensure cmpliance with traffic laws and safety standards such as sbriety, pssessing a valid driver s licence and insurance, and the mechanical fitness f the vehicle. Officers may stp pedestrians n the street if they bserve an ffence, if they are investigating a cmplaint, r if they believe the persn has cmmitted r is abut t cmmit a crime. These interactins usually invlve the fficer asking fr yur name, address and identificatin, and ther questins that are apprpriate t their investigatin. Officers als rutinely walk in their patrl areas and speak t peple n the street. These cntacts are nt cnsidered stps, and the gal is fr the fficers and the cmmunity t becme mre familiar with ne anther. What T Expect When Stpped Each situatin is unique and the plice fficer will alter his r her apprach t fit the circumstances. At all times, plice fficers must wrk within the Cde f Cnduct under the regulatins f the Plice Services Act, the Ontari Human Rights Cde, the Plicies and Prcedures f the Thunder Bay Plice, and ther legislatin. 1

2 A Plice Officer: will prvide his r her badge number upn request. wh is nt in unifrm will present prper identificatin; yu may ask t examine the badge and pht identificatin s that yu are satisfied the persn is a plice fficer. will tell yu why yu are being stpped. will nly use the frce allwed by law (fr example, t stp an ffence, effect the arrest f a suspect r maintain custdy f a prisner). will generally arrest a persn fr a crime cmmitted in the fficer's presence, r when the fficer has reasnable grunds t believe the persn has already cmmitted r is abut t cmmit a crime. Traffic Stps Cmmn Reasns T Be Stpped While drivers may be stpped t ensure they have a valid driver s licence, permit, and insurance and that they are nt impaired by alchl and/r drugs, the mst likely reasn why peple are stpped while driving is fr cmmitting an ffence against the Ontari Highway Traffic Act. Officers have discretin in issuing tickets. Traffic Offences Fall Int Tw Categries: Mving Vilatins: Include imprper lane changes, failure t stp at a red light r stp sign, driving in excess f the psted speed limit, etc. Nn-Mving Vilatins: Include ccupants nt wearing seat belts, children nt restrained prperly, a tail light r brake light nt wrking crrectly, r failure t pssess a licence, registratin, r insurance. Other Reasns Individuals May Be Stpped While Driving Criminal driving infractins, especially impaired driving but als dangerus driving, driving while disqualified and thers. Criminal investigatins ften invlve fficers lking fr a suspect, a witness, r a suspect vehicle. Yu r yur vehicle and/r its ccupants may match the descriptin the fficer is lking fr. Curtesy r safety cncerns, such as when yur trunk is pen, smething is hanging frm yur vehicle, r smething is n tp f yur vehicle, may als lead t stps. The R.I.D.E. (Reduce Impaired Driving Everywhere) Prgram. A warrant exists fr the arrest f an ccupant f the vehicle. 2

3 Things T D When Stpped Officers are trained t place a great deal f emphasis n their safety and yurs s they can d the jb f prtecting the public and ensuring public safety. Many f these guidelines cnfrm t safety prcedures, based n lng experience, that fficers are trained t fllw. When yu see the red lights and/r hear the siren, remain calm and safely pull ver t the right side f the rad (r nearest edge f the radway n ne way streets). Remain seated in yur vehicle unless the fficer advises therwise. It may take the fficer sme time t apprach yur vehicle fr safety reasns. Ontari law requires drivers t prduce their licence, vehicle registratin, and insurance card upn demand f a plice fficer. If yur dcuments are ut f reach, tell the fficer where they are befre yu reach fr them. It is imperative that yu identify yurself crrectly. If the stp ccurs during darkness, turn n yur dme r interir lights s the fficer can easily see the interir f yur car. If there are passengers in yur vehicle, encurage them t stay seated in the vehicle, remain quiet and cperate with instructins. The fficer may issue yu a ticket. If yu feel the reasn is vague r unclear, ask the fficer fr details. Avid getting in an argument. If yu wish t cntest the ticket, yu will have an pprtunity t address the matter in curt. If yu receive a ticket, accept it calmly. Accepting the ticket is nt an admissin f guilt. If stpped at a Spt Check (RIDE), lwer yur windw and answer the fficer s questins. If yu d nt agree with the reasn fr the ticket, yu have the right t cntest it by ging t Prvincial Curt. If yu d nt agree with the fficer's cnduct r actins during the stp, keep track f all pertinent infrmatin, including the fficer's badge number. Yu have the right t cmplain t The Public Cmplaints Unit f the Thunder Bay Plice, r the Ontari Civilian Cmmissin n Plice Services. Officers are unable t handle yur cmplaint n the scene. As The Driver, Yu Are Respnsible Fr: The safe peratin f the vehicle yu are driving and the cnditin f the vehicle. Ensuring that all passengers under the age f 16 years are wearing their seatbelts r in a prper car seat, and that the children are prperly secured. Children are nt t ride n anther persn s lap. All 3

4 passengers 16 years and ver are respnsible fr their wn seatbelts. Failure t wear ne culd result in a ticket. It is the driver's respnsibility t ensure that the vehicle being driven is insured and that the required dcuments are in the vehicle. It is the wner's respnsibility t ensure that the persn driving the vehicle pssesses a valid driver's licence. The Ministry f Transprtatin has prvided vehicle wners tw ways t cnfirm a persn s driver licence status. There is a fee fr using either service. By phne at using a tuch tne phne On the Ontari Ministry f Transprtatin's web site. Persn Stps Cmmn Reasns T Be Stpped A persn might be stpped if a plice fficer has reasn t believe the persn: Has cmmitted a crime. Is abut t cmmit a crime. Has evidence f a crime. Children can als be stpped and apprehended fr curfew vilatins if they are nt accmpanied by their parent r a by a specified persn 18 years f age r lder authrized by the parent. It is unlawful fr children under r apparently under age 16 t be present (and unaccmpanied as nted abve) in any public place r a place f public entertainment in Ontari between the hurs f midnight and 6:00 a.m. As in traffic stps, ther reasns t be stpped include fficers enfrcing laws, lking fr infrmatin in an investigatin, r safety cncerns. Things T D When Stpped Again, fficers are trained t place a great deal f emphasis n their safety and yurs s they can d the jb f safeguarding the public. Many f these guidelines cnfrm t safety prcedures, based n lng experience, that fficers are trained t fllw. Keep yur hands where the fficer can see them. Dn't put yur hands in yur pcket r clthing. 4

5 Stay put and stay calm. Dn't walk r run frm plice. Dn't tuch any plice fficer. Cperate with the fficer. Dn't get int an argument. As with traffic stps, if yu d nt agree with the fficer's cnduct r actins, keep track f all pertinent infrmatin, including the fficer's badge number. Yu have the right t cmplain t the Public Cmplaints Unit f the Thunder Bay Plice r the Ontari Civilian Cmmissin n Plice Services. Officers are unable t handle yur cmplaint n the scene. Plice At Yur Hme The plice can enter a residence if: They have the cnsent f a resident, r They have an arrest r search warrant, r There are exigent circumstances, such as when they are in fresh pursuit f a suspect wh just entered a residence, r there are circumstances where fficers believe there is a threat t the safety f any persn r lss f evidence wuld result if they waited fr a warrant, r They are perfrming public safety functins, such as answering a call, rendering first aid, preventing serius harm t a persn r prperty, r lcating a persn in need f prtectin. If Yu Are Arrested If yu are arrested, the fllwing will happen t yu (yung persns and adults): The fficers will identify themselves as plice fficers. Yu will be tld that yu are under arrest. Yu will be tld the reasn fr the arrest. The fficer will take physical cntrl f yu. This may be as simple as placing a hand n yur shulder. The fficer will infrm yu that: Yu have the right t retain and instruct cunsel withut delay. Yu have the right t telephne any lawyer yu wish. Yu have the right t free advice frm a Legal Aid lawyer. If yu are charged with an ffence yu may apply t the Ontari Legal Aid Plan fr legal assistance. 5

6 Yu will be asked if yu understand yur rights. Yu will be asked if yu wish t call a lawyer. Yu will be searched and shuld expect t be handcuffed t the rear, fr public and fficer safety, befre being placed in a plice vehicle. Yu may be subject t a further search. Yu may be released r taken t the plice statin, depending n the circumstances. If yu are taken t the plice statin, yu will talk t an Officer wh will ask yu a series f questins. At the statin, yu may be placed in an interview rm r a hlding cell. Yu may be released r held t appear befre a Justice f the Peace. If yu are released, the release may be with r withut cnditins. If yu are charged with an ffence, yu may wish t talk with a lawyer. Yu may apply t the Ontari Legal Aid Plan fr legal assistance. Duties f Plice Officers Prtecting life and preventing injury Prtecting prperty Preserving the peace Preventing crimes and ther ffences and prviding assistance and encuragement t ther persns in their preventin Assisting victims f crime Apprehending criminals and ther ffenders and thers wh may lawfully be taken int custdy Laying charges and participating in prsecutins Executing warrants that are t be executed by plice fficers and perfrming related duties Perfrming the lawful duties that the chief f plice assigns Enfrcing municipal by-laws Cmpleting prescribed training Plice have the legislated authrity t arrest persns, t search and t seize prperty, and they may use reasnable frce in the executin f their duties. 6