Q: What If I Am Charged With A Crime
A: Criminal convictions can make you deportable. You should always speak with your lawyer about the effect that a conviction or plea could have on your immigration status. Do not agree to a plea bargain without understanding if it could make you deportable or ineligible for relief or for citizenship.
If You Have A Police Encounter You Can Protect Yourself:
An Overview Of The Law On Police Officers Searching Cellphones Including The Issue Of Forcing People To Unlock Their Devices
By Micah Schwartzbach, Attorney
If police officers arrest you, they can search you, including your pockets, and the area within your immediate control. But what happens if they come across your iPhone, Android, or even your old-school flip phone? Are they free to dive into your phone and all its data, or do they first need a warrant?
The U.S. Supreme Court sets the basic rules on search and seizure through interpretation of the Fourth Amendment, which protects against unreasonable government intrusion. But since it takes so long for a case to get all the way to the Supreme Court, search-and-seizure law relating to new technology often remains uncertain for many years.
Uncertainty about cellphone searches prevailed until June of 2014, when the U.S. Supreme Court held that police officers generally need warrants to search the cellphones of arrestees. .)
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Released On An Undertaking
An undertaking means that you agree to appear at court on a specified date and keep to certain conditions. A condition could be to not approach witnesses or commit a further crime. You can apply to the court for a review of these conditions.
You can only be released on an undertaking if you’ve been arrested without a warrant.
The Police Aren’t Required To Read You Your Rights If You Aren’t Being Detained
The Miranda rightsthat is to say, the rights that police officers are obligated to read when they arrest someoneonly apply to custodial interrogations, or interrogations that happen while someone is in police custody. When it comes to non-custodial interrogations that people give of their own free will, the police are not legally required to read the Miranda rightsand as such, anything a person says during an optional questioning can be used against them in court.
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Being Questioned Voluntarily As A Suspect
You might choose to go to the police station voluntarily if the police suspect you of a crime, for example because you want to clear your name.
If you’re a suspect, at least 1 hour before they start to interview you the police should tell you:
- thegeneral nature of the offence they suspect you have committed
- that you have the right to silence – other than your name, address, date of birth, place of birth and nationality
- that you have the right to have a solicitor present during the interview.
Any statement that you make will be noted and may be used in evidence.
If you’re attending a police station voluntarily you are free to leave at any time. However, the police could decide to arrest you and take you into custody to prevent you from leaving and allow more questioning.
Police Entry Into A Home The Feeney Warrant
For nearly two decades now, it has been established that prior to entering an individuals home to make an arrest officers must obtain a specialized warrant known as a Feeney warrant. This is required due to the significantly increased privacy interests associated with an individuals home.
Once a Feeney warrant is obtained, the police must announce their presence , identify themselves as police officers, and outline their purpose for attending at the residence . Before forcing entry into a home the police should, at the minimum, request admission and have admission denied thereby allowing the resident to potentially consent to the entry.
If the police arrive at your door with a Feeney warrant, you are legally obligated to allow them into your home however, you are not required to assist them in searching your home in any way, shape or form. If you think the Feeney warrant may have been improperly obtained, do not argue with the police on the scene or attempt to prevent them from entering but contact a lawyer immediately.
The requirement for police officers to obtain a Feeney warrant, however, is not without qualification. Exceptions exist both according to statutory authority, at common law and, of course, where an individual with the authority to permit entry to a home provides full and informed consent.
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Am I Allowed To Lie To The Police
No. While you have the right to remain silent, you do not have the right to lie to the police. Lying to a police officer who is investigating an offence may constitute obstructing a peace officer or obstruction of justice. These are serious criminal offences in themselves. If you are charged with an offence, lying to police will also hurt your ability to defend yourself in court.
Re: How To Find Out If The Police Are Looking For You
You can always walk into the police station and ask! But, seriously, there is no way to determine beforehand if the police are looking to arrest you unless you have an informant inside the police force.
Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.
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Police Background Check: What Do They Look For
There is something that you need to understand and remember: the background investigation starts at the very moment you submit your application form. As the hiring process is lengthy, it is possible that you might have changed your current address, phone, job or any other information provided in the original application. If this happens, make sure to notify the agency immediately. This will score a point in your favor as it shows that you are responsible and you are able to follow up on a task you have started without being prompted. In addition, that will save time, since the investigators wont have to go back and forth until they reach the needed destination.
So, which are the main areas that the police background investigation covers:
Q: What Should I Do If There Is An Immigration Raid Where I Work
A: If your workplace is raided, it may not be clear to you whether you are free to leave. Either way, you have the right to remain silentyou do not have to answer questions about your citizenship, immigration status or anything else. If you do answer questions and you say that you are not a U.S. citizen, you will be expected to produce immigration documents showing your immigration status. If you try to run away, the immigration officers will assume that you are in the U.S. illegally and you will likely be arrested. The safer course is to continue with your work or calmly ask if you may leave, and to not answer any questions you do not want to answer.
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Statutory Exceptions To Obtaining A Feeney Warrant
The statutory exceptions are found in the Criminal Code. One exception authorizes an officer to enter an individuals home to arrest someone without a warrant in exigent circumstances to prevent imminent bodily harm or death, or to prevent the imminent loss or destruction of evidence.
The Alberta Court of Appeal, in R v Tav, has commented on the definition of exigent, adopting the Ontario Court of Appeals definition in R v Rao, which is:
Exigent indicates in dictionary usage, the requiring of immediate action or aid pressing, urgent or a state of pressing need a time of extreme necessity a critical occasion or one that requires immediate action or necessity an emergency, extremity.
This exception may arise, for example, when there is a dropped 911 call that appears to have identified an individual in distress. If no one answers the door upon police arrival, the dropped 911 call may serve as sufficient grounds to believe there are exigent circumstances for the police to enter the home to ensure that no one is injured or in the process of being killed.
Who Might Be Involved
If the police think you have committed a crime and keep you at the police station, you might come across a few different people. Below are some people you may hear about or meet.
Police officers
Police officers have different ranks depending on how much experience they have. You may come across police constables, sergeants, inspectors or superintendents at the police station.
Each officer will wear a badge on the shoulder of their uniform that shows their rank. They all have a unique number, for example, PC 1234 , PS 1234 .
It can help to know which police officers have been involved in your case if you need to contact them in the future. If the officer doesnt wear a uniform, you can ask to see their warrant card for their details.
Custody sergeant
The custody sergeant allows someone to be held at the police station. They will tell you why you have been arrested and why youre being held at the station. They will:
- tell you your rights,
The custody sergeant is responsible for all the people in the cells of the police station.
A legal adviser
This is someone who is trained to advise you if the police think you have committed a crime. Some of them can prepare your case if you have to go to court. They may be a solicitor, or someone authorised by the Legal Aid Agency to give you advice.
If the police arrest you because they think you have committed a crime you have the right to speak to a legal adviser.
Appropriate adult
Health care professional
Crown Prosecution Service
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If You Are Subject To A Stop And Search:
- Being stopped does not mean that you are under arrest or that you have necessarily done something wrong.
- If you are stopped, you are required to stay for the duration of the search. If necessary you will be prevented from walking away.
- Officers must use the search powers fairly, responsibly and with respect for people without discriminating.
- Officers must make sure that the search time is kept to a minimum.
- The search must take place near to where you were stopped, except on occasions where moving you would protect your privacy.
- If you are in a public place, you only have to take off your coat or jacket and any gloves that you are wearing, unless you have been stopped in relation to terrorism or where Police believe you are using clothes to hide your identity.
Q: What Should I Do If Law Enforcement Officers Arrest Me
A: The officer must advise you of your constitutional rights to remain silent, to an attorney, and to have an attorney appoint- ed if you cannot afford one. You should exercise all these rights, even if the officers dont tell you about them. Do not tell the police anything except your name. Anything else you say can and will be used against you. Ask to see a lawyer immediately. Within a reason- able amount of time after your arrest or booking you have the right to a phone call. Law enforcement officers may not listen to a call you make to your lawyer, but they can listen to calls you make to other people. You must be taken before a judge as soon as possiblegenerally within 48 hours of your arrest at the latest.
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Which Are The Common Police Background Check Disqualifiers
As you can see, the areas covered by the police background investigation deal with all spheres of your life. There are many things that are considered a serious disqualifier and will prevent you from taking the job of a law enforcement officer. Here is a list of the most common disqualifiers included in the police background check:
- Felony convictions
- Current drug use or past drug abuse
- Dishonorable discharge from military service
- Bad credit history
- Past or current gang affiliations
- Poor employment record
- Incorrect, false or incomplete information given on the application form
You can use the above list as a guide whether you can become a law enforcement office or not. If you have any of the given disqualifiers in your past it may be wise to abandon the idea of becoming a police officer and focus on some other career.
One other common disqualifier, that is worth mentioning, is having tattoos that depict offensive language or symbols. Tattoos, in general, are accepted by most agencies nowadays, especially when they are not on a visible part of the body, such as the face. You may need to check with the department you are applying for, if they have any specific requirements, such as wearing long sleeves all the time.
And They Can Trick You Into Giving Them Your Dna
If you don’t want the police to have your DNA on file, then don’t accept a cup of coffee or water from them. According to Nicholas J. Moore, Esq., a San Diego trial attorney, it is well within the police officer’s rights to obtain DNA samples from anything you touchand “a positive DNA match to an active crime scene is usually sufficient for an arrest and a charge.”
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Stop And Search Frequently Asked Questions
Any police officer can stop and search you. If they are not in uniform they must identify themselves prior to the search taking place.
In a public place anywhere, if the police believe you have committed or are about to commit a crime. If you are in a public place then you are only required to take off your coat, jacket or gloves, unless you have been stopped in relation to terrorism.
If there is a requirement for you to take off more than this it must be done out of public view.
Before a search, where practicable a police officer must tell you the grounds for the search, what they are looking for, their name and station attached. They must also explain to you how to receive a copy of the search record.
Police Officers are required to complete a record of the search electronically. After the search you will receive a card with your unique reference number and details of how to obtain a copy of the search record. The record will be available for you to request up to 12 months after the stop and search.
The fact that you are stopped and searched does not mean that you have done anything wrong or that you are under arrest. The officer is required to complete a form but this does not amount to you having a police record.
There is nothing in law to prevent a person being stopped and searched more than once in any day, as long as the legal requirements are fulfilled on each occasion.
The Police Have No Control Over Sentencing
A police officer might suggest that the consequences will be less if you admit to a crime now. But police do not have the authority to negotiate the penalties for a crime – only a prosecutor can do that.
Many people go to the police station because they want to provide their side of the events. But the police station is not the place to do this. The police officers job is to gather evidence to help them make an arrest.
Police officers can and will say anything – including lying – to get you to admit to something. There is no law saying that they cannot lie to get you to admit to something. So they do. They want you to say as much as possible so that you open the door to other charges. And if you do confess to the police, the prosecutor has an easy job of proving a case. On the other hand, if you talk to a lawyer first, even if you did commit a crime, your lawyer can negotiate a plea deal with the prosecutor that will be more advantageous for you.
If you are not the victim of a crime, the police are not there to help you.
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Q: What Types Of Law Enforcement Officers May Try To Question Me
A: Different kinds of law enforcement officers might question you or ask you to agree to an interview where they would ask questions about your background, immigration status, relatives, colleagues and other topics. You may encounter the full range of law enforcement officers listed in Section I. Q. What can I do if law enforcement officers want to question me?A: You have the same right to be silent that U.S. citizens have, so the general rule is that you do not have to answer any questions that a law enforcement officer asks you. However, there are exceptions to this at ports of entry, such as airports and borders .