Citizens Rights On Arrest

Question 1

What is detention?

Answer 1

anytime the police stop and talk with a person, if that person feels like they are not able to leave or exit the encounter.

Question 2

How is arrest different than detention?

Answer 2

Charged with a crime and physical restraint

If the police have probable cause to believe a person has committed a crime, and brought more significant restrain on a persons movement.

Question 3

What are the citizens rights?

Answer 3

• Be informed properly

• informed of right to retain duty counsel

• right to refuse to answer questions

• be informed of these rights by police, in a manner they can be understood (regardless of sobriety, mental capacity, language)

• if accused asks for a lawyer, all questions must stop

• right to as many phone calls as reasonable

Question 4

What are the police’s rights?

Answer 4

• search accused upon arrest for evidence

• right to take accused to police station for more “thorough” search

• may fingerprint or photograph accused (indictable only)

• do not have right to force a “line-up,” polygraph, or get samples of blood or bodily fluids

Question 5

What is carding?

Answer 5

Stopping and gathering information like name, residence, associates, etc. from random people on the streets who seem “suspicious”

Question 6

What are the issues with carding

Answer 6

• targets coloured people

• people lose patience after they’re stopped several times, leading to injuries or arrest (escalation)

• their record would then show “not police friendly” so when they’re stopped again they’ll see that file

Question 7

What are the benefits of carding?

Answer 7

• creates a database of suspects. (make connections)

• helps police promotions (only good thing for police)

Question 8

When do you have to let police question you?

Answer 8

When arrested or detained

Question 9

What are 3 circumstances that you must identify yourself to police?

Answer 9

• detained after an accident
• broken a law on a bicycle
• broken a municipal law

Question 10

What are 3 circumstances you might be better off by answering the police questions and showing ID?

Answer 10

• police are looking for someone
• you’ve committed a crime
• promise to appear in court

Question 11

When can police detain you and how do you know you’re detained?

Answer 11

If they have reasonable grounds to suspect you’re connected to a criminal offence they’re investigating. When the police detain this means you’re not allowed to leave.

Question 12

What are 3 rights and obligations when being detained?

Answer 12

• right to remain silent
• right to ask why
• right to a lawyer

• police have right to pat you down

Question 13

Difference between being detained and being arrested?

Answer 13

Detained: have reasonable suspicion to believe you’re connected to a crime and have the right to keep you for a short time

Arrest: police have probable cause to believe a person committed a crime and being significant physical restrain on a persons movement