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Know Your Rights

bigdee

Banned
Mar 13, 2004
266
0
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Calgary
Especially in Calgary Sps, clients, and those who support them are consistently abused by the poilice. I am sure it is the same in other cities accross the country. I found this information at http://www.hellsangelssaskatoon.ca/photos.html. Here is a part of it I think it is very important for everyone to know.

Asserting Your Rights - Traffic Stops

1. You only are required to give documentation for the vehicle and your drivers license NOTHING ELSE.

2. You are not required to give any other information or answer any questions without consulting your lawyer.

3. Your vehicle cannot be searched without probable cause and you do not have to consent to any type of search.

4. If you have been arrested or detained you do not have to consent to the impound of your property and have the right to secure your property.

5. If you have not been told you are being detained and given a reason for this you have the right to leave.


Being Stopped On the Street By Police

If you are stopped on the street by police outside of your home or car and you are not doing anything contrary to the law, you are under NO legal obligation to:

1. Answer any questions as to your name or address or

2. Justify why you are where you are or

3. Produce identification or prove means of supporting yourself, or

4. Go with police for further investigation unless you are placed under arrest.

Hope this Helps...


BigDEE - 81 Supporter!!!!
 
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tom25

what's up doc?
Oct 8, 2003
1,216
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Winnipeg
I'm not sure I'd completely trust all of this information.

Remember, in a variety of circumstances failure to provide your name, or giving a false name, or refusing to produce identification can lead to a charge of obstructing police. So you might not be doing anything, but could end up with a charge against you. Even if at the end of the day you are vindicated and it proves to be a situation where you rightly could refused, do you want to be charged with an indictable offence and go to court to prove a point.

If you're a hells angel, fighting the obstruction offence might be preferable than cooperating -- either b/c doing so might lead to more serious charges or its just a matter of principle -- no cooperation with cops no matter what.

IN most instances its better to give the minimum amount of information .. name, residence, etc. rather than risk the charge of obstructing police and potentially getting a record.

Just my .02!

Tom
 

bigdee

Banned
Mar 13, 2004
266
0
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46
Calgary
Duty to identify

The police have already tried this approach, unfortunately (for them) it was overturned:


RvLegault BCJN 1309, ADGN/98-970
British Columbia Supreme Court:

Absent of some provision to the contrary, a person must only identify himself or herself to a police officer if that person is in a position to arrest him/her or issue a summons. Otherwise, there is no general duty to identify yourself to a police officer. Charge of obstruction is reversed.


I have been the victim of this type of harrassment myself. Take care.

Thank you to 81 for this excellent information and website.


BigDEE - I support 81!!!!

Working to preserve freedom!!!!!
 

QUILLS

Banned
Apr 15, 2005
18
0
0
bigdee said:
The police have already tried this approach, unfortunately (for them) it was overturned:


RvLegault BCJN 1309, ADGN/98-970
British Columbia Supreme Court:

Absent of some provision to the contrary, a person must only identify himself or herself to a police officer if that person is in a position to arrest him/her or issue a summons. Otherwise, there is no general duty to identify yourself to a police officer. Charge of obstruction is reversed.


I have been the victim of this type of harrassment myself. Take care.

Thank you to 81 for this excellent information and website.


BigDEE - I support 81!!!!

Working to preserve freedom!!!!!
FUCK THA POLICE!!(NWA) :D
Here in WPG they will pull you over for the type of car you drive,or your choice of motorcyle and stop you on the street for what you wear for clothing.This whole thing about searching a car has come up time and again,with cases being tossed out of court because of cops overstepping their boundaries!People need to kmnow their rights,and cops eed to be put in their place.
 

tom25

what's up doc?
Oct 8, 2003
1,216
0
0
58
Winnipeg
You gotta remember, though, that the case you cite is only the B.C. supreme court and its only applicable in B.C. for those of us in other provinces, you can't assume its the way things are where you live.

Also, the case makes it very clear that if you are the subject of the investigation and the cop tells you that, then you can be charged with obstruction if you don't answer. So, when the cops says pulls you over and asks your name and you say "why" and the cop says "I suspect you of communicating for the purposes of prostitution" ... bingo ... you could be charged with obstruction if you don't answer.

the case also says that if there is a legal obligation under a statute to identify yourself, then failure to do so could lead to an obstruction charge. Lots of statutes require you to do this ... most Highway Traffic Acts, for example do. In some places the liquor control legislation requires it. I knew guys in college in Ontario who were boozing it up on their front lawn. Its an offence under the liquor legisation there to be intoxicated in public. There's also a provision that requires you to identify yourself to the cops. Cop arrives and says .... what's your name. The guy, drunker than a skunk, says Ronald McDonald and then falls down laughing at the cop. 2 months later guilty verdict for obstructing police.

I don't like cops either ... all i'm saying is there are lots of different contexts in which the cops ask for you identify yourself. Sometimes you can refuse and sometimes refusing is going to buy you a mess of problems. Know your rights ... for sure ... but really know them!!!

Tom
 

ThreeSixty

Banned
Mar 12, 2004
15
0
0
bigdee said:
Asserting Your Rights - Traffic Stops

1. You only are required to give documentation for the vehicle and your drivers license NOTHING ELSE.

2. You are not required to give any other information or answer any questions without consulting your lawyer.

3. Your vehicle cannot be searched without probable cause and you do not have to consent to any type of search.

4. If you have been arrested or detained you do not have to consent to the impound of your property and have the right to secure your property.

5. If you have not been told you are being detained and given a reason for this you have the right to leave.


Being Stopped On the Street By Police

If you are stopped on the street by police outside of your home or car and you are not doing anything contrary to the law, you are under NO legal obligation to:

1. Answer any questions as to your name or address or

2. Justify why you are where you are or

3. Produce identification or prove means of supporting yourself, or

4. Go with police for further investigation unless you are placed under arrest.
Remember the part that is under-emphasised here. If you are informed that you are a a suspect or part of an investigation. If the inform or investigate comes AFTER you have refused, at that point they are likely in the wrong. RCMP especially abuse (and I use the word knowing what it means compared to take advantage of) this part especially in traffic stops, it can often be a 10 minute process, say if you are a single guy, drive a sportbike or Harley and wear either performance leather or riding leather, even without badges.

Listen carefully, know your rights assert them politely and where needed.