What to do if the police come knockin'
What to do if the police come knockin'
Developed by the Movement Defence Committee and the Summit Legal Project of the Law Union on Ontario
Movement Defence Committee: 416 833 6137
If the police question or search you:
- You do not have to identify yourself unless under you are under arrest (except when driving a motor vehicle) and you do not have to answer any questions
- Simply ask the police if they have a warrant; if they do not, tell them you are not going to talk to them. Remember anything you say to police can be used against you, even at a later date. As well, though they may present themselves as wanting to assist with demonstrations and organizing, they are also gathering intelligence to use against our movements. It is best to simply avoid talking to police.
- If they persist, call the legal number and tell the officer you are contacting a lawyer.
- Send an email to us (lawunionMDC@gmail.com) and include details, especially the time, date, location officer's name or badge number and what they asked.
Warrants:
- If the police have an arrest warrant, first ask who it is for; remember that police can enter a building to find that person if they have a good reason to believe that they are in the building. You should exit the building and ask to see the warrant before getting the person, or have the officer slip it under the door. Make sure it is signed by a judge or justice of the peace, it is dated correctly and it clearly sets out who it is for. It may be a good idea to have the wanted person present themselves if they are inside so the police do not enter the building.
- You do not have to allow police to search your belongings or your office/home unless they have a search warrant; if they insist on searching without a warrant, state loudly and repeatedly that you are not consenting to a search, but do not physically interfere.
- If they do have a search warrant, ask to see it (again, step out of the building, or have them slip it under the door). Make sure it has the correct address and date and is signed by a judge or justice of the peace. You have the right to get advice from a lawyer; say you want to speak to a lawyer and call the legal support number.
Arrest:
- If you are arrested, you only need to give your name, address and date of birth. Be very careful about what you say to officers, or even to others in custody; this information can be used against you. It is best not to talk about the circumstances of your arrest at all.
- If you are arrested, you have a right to speak with a lawyer before answering any questions. Insist on this, and call the legal support number, we will do our best to get you legal advice and free representation at your bail hearing. If your friends are arrested call the legal office with their names and surety contacts.
If you need an update or want to help with court support, contact us at lawunionMDC@gmail.com or 416-833-6137. Our website is http://movementdefence.org
For more detailed Know Your Rights info, check out the Olympic Resistance Network
#30#
Good info to have, although I'm a law-abiding citizen.
What about if the police are investigating a crime in the area or looking for a suspect? Generally they question everyone that could be a witness or fits the possible description of the suspect. Failing to answer will get you arrested then
Yes in Canada there is no doubt that failing to follow police directions even when those directions are illegal will get you arrested. The more power we routinely concede to them the more power they will assert.
I've always wondered that myself. There have been cases of that in Toronto, where a crime happens in an area, and if there's enough media pressure (or the victim is white enough), they'll go door-to-door and ask people if they can take a look through their home. Everyone has the right to say no, of course. But they go on the suspect list if they exercise that right and say no.
As they said in this video, "There's no reason to refuse if you have nothing to hide".
Sure there's a reason. The reason being that I don't live in a police state, and I don't want cops searching my house when there's no reason to suspect I've done anything wrong.
Personally my home is always too much of a mess to let someone in without a warrant
Though Ive had the police just come in not that long ago along with another government agency 
I hope everything's okay, Bacchus.
now yes but feel free to ask me tonite about it
There's no reason to refuse if you have nothing to hide is a totalitarian response to any limits on police powers. If you had a good job in Iraq or Russia in the 1980's and went about your business then you had no problems with your government. Nothing to hide nothing to fear. Now if you wanted to change the system and depose the government you had something to fear. If you have nothing to hide you should not care if the police tap your phones or set up a video cam in your living room.
After all the police are only there to protect you just ask our activists. In Canada when the authorities think you are protesting against the system we live under they should have every right to visit your family and friends and intimidate them because if you are not doing anything wrong then you have nothing to fear.
In that case, wouldn't they specifically say something along the lines of, "we are seeking information about such-and-such a thing happening, do you have any information?" While I see why one should not talk to the police if (s)he is a suspect (regardless of innocense or guilt) if the police are investigating something that happened (say you saw a crime or traffic accident) I can't see refusing to provide that information being justified.
There are some emergency circumstances under which the police can act without a warrant. For example, if they see someone matching the description of a suspect running into your house, I'm pretty sure they have the legal right to enter.
In that case, wouldn't they specifically say something along the lines of, "we are seeking information about such-and-such a thing happening, do you have any information?" While I see why one should not talk to the police if (s)he is a suspect (regardless of innocense or guilt) if the police are investigating something that happened (say you saw a crime or traffic accident) I can't see refusing to provide that information being justified.
in a perfect world it would be that easy however in the world we live in even knowing about a crime, even if you are not involved, especially if you are a POC, can in the cops eyes implicate you and set you up for a whole series of problems. Also they may be do information gathering - I have seen it and you wouldn't believe how many people pass on information when having a "friendly chat" with the cops or just talking to them about something else they witnessed. They are professionals and know how to make it look and feel like a friendly chat or talking about a different crime when they are trying to get info. Police are allowed to lie to you about their real motivation for talking with you. If you must have a talk with the police to pass on information I suggest having a lawyer present.
Personally my home is always too much of a mess to let someone in without a warrant
Though Ive had the police just come in not that long ago along with another government agency 
That has happened to me too, Bacchus (and I feel the same self-consciousness about my house).
If you call 911, even if you're clearly calling for the paramedics, you may get the fire department (yay!) and the police as well, depending on how urgent the case sounds. Ours was a case of a senior in a sustained epileptic seizure; fire department arrived first and were most effective; five minutes later, paramedics entered with a cop right behind them -- I was so agitated I didn't even try to stop him. And yes, the cop took a good look around the house, which bothered me, but he was in, and once they're in, they can. It hit me later that calls like mine make them wonder about elder abuse, and that's why the cop came and took a good look. Everyone wanted to be sure that I wasn't evil or criminally incompetent or something, and I get that, I guess ...
I remember a case like the one Michelle describes above -- near the Junction area, Michelle? -- where the cops went door to door asking to check for a missing child, and they actually did zoom in on a suspect that way, didn't they? I don't know how I would react to that approach. If I knew the police weren't lying to me ... But how do I know that?
There's a great video around (Merkin, unfortunately, but still useful) where a criminal lawyer and then a senior cop run through the instructions about what to do and not do when the police come knockin'. The lawyer is radical on a long list of what you don't have to do and shouldn't do, but more amazing, the cop then gets up and basically says, well, ya, he's right. Don't do those things; don't tell me those things; or this is what I can do to you. It stiffens the spine, watching that exchange.
Pigs are not in it to help you. Understand? Pigs are used to maintain the status quo. They are the jackbooted thugs who infiltrate groups of protesters to incite a riot to justify an armed response.
"Quebec provincial police admitted Thursday that three of their officers disguised themselves as demonstrators during the protest at the North American leaders summit in Montebello, Que.
Read more: http://www.cbc.ca/canada/story/2007/08/23/police-montebello.html#ixzz0mgOwHkfk
Police murder innocents all the time.
RCMP use Taser on Robert Dziekanski
http://archives.cbc.ca/society/crime_justice/clips/16927/
This is what happens to pigs when people have taken enough shit from pigs.
in a perfect world it would be that easy however in the world we live in even knowing about a crime, even if you are not involved, especially if you are a POC, can in the cops eyes implicate you and set you up for a whole series of problems. Also they may be do information gathering - I have seen it and you wouldn't believe how many people pass on information when having a "friendly chat" with the cops or just talking to them about something else they witnessed. They are professionals and know how to make it look and feel like a friendly chat or talking about a different crime when they are trying to get info. Police are allowed to lie to you about their real motivation for talking with you. If you must have a talk with the police to pass on information I suggest having a lawyer present.
I understand the point you're making. So to use a real-life example. Suppose I see a car crash in front of where I live. The police would probably want to talk to me, either by approaching me on the street or at my door, and in my mind, the helpful thing to do is tell them what I know. Are you suggesting that people should have a lawyer present even in those cases? Or say a serious crime happens on my street, and the police approach and say, "such-and-such a crime happened, can you help us?"
I see that police are adept at turning things around to their advantage. On the other hand, they do have a job to do which involves gathering information, and if I was a victim who needed police assistance, I would wish people with information would come forward. I'm not trying to deny or minimise any of the points that have been made, just trying to see the situation from all angles.
Don't Talk To Police Part 1
Don't Talk To Police Part 2
in a perfect world it would be that easy however in the world we live in even knowing about a crime, even if you are not involved, especially if you are a POC, can in the cops eyes implicate you and set you up for a whole series of problems. Also they may be do information gathering - I have seen it and you wouldn't believe how many people pass on information when having a "friendly chat" with the cops or just talking to them about something else they witnessed. They are professionals and know how to make it look and feel like a friendly chat or talking about a different crime when they are trying to get info. Police are allowed to lie to you about their real motivation for talking with you. If you must have a talk with the police to pass on information I suggest having a lawyer present.
I understand the point you're making. So to use a real-life example. Suppose I see a car crash in front of where I live. The police would probably want to talk to me, either by approaching me on the street or at my door, and in my mind, the helpful thing to do is tell them what I know. Are you suggesting that people should have a lawyer present even in those cases? Or say a serious crime happens on my street, and the police approach and say, "such-and-such a crime happened, can you help us?"
I see that police are adept at turning things around to their advantage. On the other hand, they do have a job to do which involves gathering information, and if I was a victim who needed police assistance, I would wish people with information would come forward. I'm not trying to deny or minimise any of the points that have been made, just trying to see the situation from all angles.
I actually had a case of a friend of mine where they were in a car accident. The police talked to witnesses and thank god they had a good lawyer because the witness implicated him after the cop asked leading questions that the witnesses didn't even realize changed their idea of what happened in the accident. Their statements were thrown out because of the techniques he used but may never have been discovered if the lawyer hadn't questioned the witnesses about how they were questioned.
Just google psychology and eye witness testimony to see how many mistakes can be made and how people can be manipulated to actually change what they thought they saw. If you have a lawyer present during the questioning he can help with stopping the police from such questioning techniques. If you are worried about your memory you can simply write down everything you remember and then show it to the lawyer before going in to be questioned.
It might not just be you that gets wrongfully implicated or will have to face serious consequences because the cop has an idea in his head of what happened and then goes out to prove it.
One reason why the police prefer security cameras as opposed to dealing with eye-witnesses (at least, as long as the cameras aren't catching inappropriate behaviour on the part of the police).
Usually officers try to keep an open mind, but once that mind is made up, the cops generally operate on that assumption whether or not it is justified by the facts.