Area of Law: Criminal Law
Answer # 743
Can the police stop and question you?Region: Ontario Answer # 743
When police can stop you
The police can stop you under three general circumstances. First, the police can stop you if they suspect that you have committed an offence. Second, the police can stop you if they actually see you committing an offence. And third, the police can stop you at any time while you are driving to determine whether you have consumed alcohol or drugs, whether you are insured, and whether the car is mechanically fit to be driven. In all cases, once the police stop you, you have the right to know why, and the right to speak to a lawyer within a reasonable period. If you have been charged with a crime, it is important to hire an experienced criminal defence lawyer as soon as possible.
What you should do
Although under the law you have the right to remain silent when questioned by police, it is best to cooperate with the police, and identify yourself. In some circumstances, you could be charged with the offence of obstructing the police if you fail to tell them your name. You could also be charged with an offence if you give the police a false name.
Being detained by the police
If the police continue to ask you questions and they do not allow you to leave, then in law it means that they are detaining you. When you are detained, you have the right to know why they are detaining or arresting you, and you have the right to talk to a lawyer.
Right to remain silent
Regardless of whether you have or have not been arrested, anything you tell the police can be used as evidence against you. This also applies to any physical tests that you are asked to perform or any samples that you are asked to voluntarily provide. Even though you may think that what you are telling the police could not hurt you in court, what you say or write could later become evidence against you. To be safe, you should consider talking to a lawyer before making any statements to any police officer.
For more information on your rights and obligations when stopped by the police when driving, view Police powers to stop vehicles and question drivers.
If you have been charged with a crime, contact our preferred criminal defence experts, The Criminal Law Team .
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