Know Your Rights
Know Your Rights
Why?
I don’t get into trouble.
BAD THINGS
can happen to
GOOD PEOPLE.
[being in the wrong place at the wrong time]
BAD THINGS
can happen to
GOOD PEOPLE.
[being in the wrong place at the wrong time]
What Are Your RightsIn a Routine Traffic Stop?
Click on each of the cards to learn more about your rights.
IT IS YOUR RIGHT
You are required to provide proof of insurance, ownership and your driver’s license but you are not obligated to answer any questions.
If asked ‘Where are you headed?’ or ‘Have you been drinking?’ be polite and respond with ‘I respectfully have no comment’.
YOU HAVE A RIGHT
The police are not allowed to search your vehicle without your consent. If they ask to search your car, politely say “I do not consent to a search without a warrant”.
If officers see an illegal substance or weapon through the window in plain sight, they may arrest you and then legally search the car.
YOU HAVE A RIGHT
The police are not allowed to take your cell phone in a routine traffic stop unless it is evidence of a crime.
You are not obligated to provide them with the passcode.
IT IS YOUR RIGHT
If you are being detained for a sobriety test or a screening breath sample, IT IS YOUR RIGHT to consult a lawyer before it takes place. The police are not obligated to inform you of this right.
What Are Your Rights?In a Routine Traffic Stop
The police may pull you over with or without cause.
You still have rights.
When can the police pull you over?
The police can randomly pull you over for:
- Sobriety checks
- Proof of vehicle ownership, registration and insurance
- Vehicle safety checks
They may also pull you over if they:
- Suspect criminal activity
- Witness traffic violations or erratic driving
Whether they pull you over with or without cause, you have rights!
Click to learn when the police are authorized to pull you over.
What Are Your Rights ?When Detained by the Police
When you have been detained or arrested by the police you still have rights.
What does it mean to be detained or arrested?
When being questioned by police, ask if you are free to go. If they say no, you are being detained. The police may temporarily detain you – without charge or placing you under arrest – while they investigate criminal activity.
Ask if you are under arrest. If they say yes, they are obligated to tell you what the charges are and that you have a right to consult a lawyer.
You are not obligated to answer any questions except to provide your name and address.
Click to learn what it means to be detained or arrested by the police.
What Are Your RightsWhen Detained by the Police?
Click ‘?’ to learn what it means to be detained or arrested by the police.
What does it mean to be detained or arrested?
When being questioned by police, ask if you are free to go. If they say no, you are being detained. The police may temporarily detain you – without charge or placing you under arrest – while they investigate criminal activity.
Ask if you are under arrest. If they say yes, they are obligated to tell you what the charges are and that you have a right to consult a lawyer.
You are not obligated to answer any questions except to provide your name and address.
Click on the cards to learn more.
IT IS YOUR RIGHT
Your lawyer will tell you to not answer any questions or engage in conversation of any kind. Even if you are innocent, it is important to remain silent.
Respectfully decline to answer questions with ‘No comment’ or ‘My lawyer told me not to answer your questions’.
IT IS YOUR RIGHT
Speaking to a lawyer when arrested or detained IS YOUR RIGHT. Police are obligated to inform you of this right and to facilitate the phone call. It is important that you consult a lawyer, even if you are innocent.
YOU HAVE RIGHTS
If you are under arrest the police may search you without consent, to look for:
- Weapons to ensure officer and public safety
- Evidence relating to the crime you have been arrested for
- Preventing the destruction of evidence
Strip searches only apply to sexual assault charges, or for illegal substances stored in body cavities. They must be done at the station and by an officer of the same gender.
YOU HAVE RIGHTS
The police need a warrant to search your phone, home or other location. A warrant may be issued when there are ‘reasonable and probable grounds’ that the location contains evidence relating to a criminal offence.
You have a right to see the warrant before allowing police into your home. Keep track of all property the police remove.
YOU HAVE THE RIGHT
If you are being arrested or detained, IT IS YOUR RIGHT to be informed as to why and what the charges are.
If you are not under arrest, ask if you are free to go and when you will be released.
Your Right to Remain Silent
is the most important right for you to exercise!
The content on this website does not constitute legal advice. Consult a lawyer if you are facing legal issues. Contact Legal Aid Ontario to apply for a certificate, or find a free legal clinic in your area.
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