The Police Decide Whether To Hold You In Custody
As soon as possible after you’re taken to the police station a senior police officer must decide whether you should be kept in custody . You could also be held in custody at a hospital if you’re getting medical treatment.
You can be held in custody if you are a suspect or have been charged .
Police officers have a duty not to hold you in custody unreasonably or unnecessarily.
They should only keep you in custody if:
- there are reasonable grounds for suspecting that you have committed an offence, and
- keeping you in custody is necessary and proportionate, because the crime is very serious, to stop you from destroying evidence or to allow them to investigate further.
If a senior officer does not think you should be kept in custody, you should be either released or charged with an offence. You can continue to be held in custody for a breach of bail conditions without being charged.
Police Inquiry: Go To Your Local Police Station
If you choose to contact the police, there are some things you should take note of:
When you are released from the police station, you will be given paperwork that indicates the offences you have been charged with as well as a date for your court hearing.
Common Law Exceptions The Hot Pursuit Doctrine
Another common law exception to the requirement of a Feeney warrant is the hot pursuit doctrine, which functions to prevent a person from avoiding an otherwise lawful arrest by fleeing into their home or the home of a third party.
In R v Macooh, the Supreme Court defined it as a continuous pursuit conducted with reasonable diligence, so that pursuit and capture along with the commission of the offence may be considered as forming part of a single transaction. In Feeney, the Supreme Court recognized that in cases of hot pursuit, the privacy interest must give way to the interest of society in ensuring adequate police protection.
In order for the hot pursuit doctrine to be invoked, there must therefore be an immediate connection between the commission of the alleged offence, the pursuit of the alleged offender, and that persons arrest. Further, this exception to the general rule from Feeney that a warrantless entry into a home to effect an arrest is unlawful is very narrow.
As the Ontario Court of Appeal held in R v Van Puyenbroek, f there are no exigent circumstances, it is difficult to imagine why an officer could not proceed to obtain the warrant, outside of a classic situation of hot pursuit, in which the officer is literally on the heels of a suspect at the moment the suspect enters a dwelling-house.
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What You Need To Know If The Police Want To Speak With You
In Canada, you have the right to remain silent. This right is constitutionally protected and enshrined in the Canadian Charter of Rights and Freedoms. In most cases, you have no obligation to provide any information to the police. There are some exceptions to this rule, however. Here are a few examples:
- If you are arrested, you must tell the police your name, address, and date of birth.
- If you are the driver or registered owner a motor vehicle, the Traffic Safety Act requires that you provide information to the police in certain circumstances. For example, the driver of a vehicle involved in an accident is required by law to complete collision statement.
- If you are participating in a regulated activity the laws and regulations that govern the regulated activity may require you to provide certain information to the investigators or regulators.
In general, though, you do not need to give the police any information or assist a criminal investigation in any way. If you are unsure about whether you have to cooperate with the police, or how much information you are legally required to give the police, you should always consult with a lawyer. A lawyer can help advise you about what you have to tell investigators , and what information you do not need to provide.
How To Find Out If You Have A Warrant
It’s understandable that you might want to know if the cops are looking for you and more specifically, whether the authorities have issued a warrant for your arrest. Short of strolling into the local police station and asking them about said warrant, there are a number of ways to figure out if there’s an active warrant in your name.
Warrants don’t just appear out of thin air. A judge issues an arrest warrant upon probable cause. Probable cause means that a law enforcement officer believes that he or she has enough information regarding a crime to make a legitimate arrest .
There are two kinds of warrants: arrest and bench. Arrest warrants occur if you’ve committed criminal activity and the police actively come looking for you. Bench warrants are issued by judges when you fail to follow the rules of the court, for instance, you missed a trial date or didn’t pay a traffic ticket. In those cases, the police won’t come looking for you, but if you’re stopped for something like speeding and they find a bench warrant was issued against you in the state’s computer, you could be taken to jail . In those circumstances, you may not have a clue that a warrant’s been issued against you.
Here are some ways you can find out if you have an outstanding warrant :
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How To Handle Or Take Care Of An Outstanding Warrant
If you missed a court date or know that you have an outstanding warrant, contact your lawyer for advice on how to best handle the situation. Your attorney may be able to contact the court or police and arrange for you to appear before a judge or turn yourself in rather than having cops show up at your door. If you missed your court date because of an emergency , you will need to provide the court with solid proof of the time, date, and extent of the emergency.
Many courts and law enforcement agencies also post information online regarding outstanding warrants, including how to find out whether you have an outstanding warrant and what to do if that’s the case. Some courts and agencies have warrant hotlines to assist with rescheduling court dates or turning yourself in. A city or county might even schedule a city-wide or county-wide warrant day or clinic to allow individuals to resolve warrant issues.
What If I Go Ahead And Talk To The Police Anyway
Anything you say to a cop can be used against you and others in the future. Suppose you are asked to identify yourself, you must reveal your identity to law enforcement agents in some states. You are not obligated to answer any more questions, even if you provide your name.
Its important to remember that lying to a government official is illegal, but remaining silent until you speak with a lawyer is not. Even if you have previously answered some questions, you have the right to decline to answer any further questions until you have consulted with an attorney.
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Do The Police Need A Warrant
Warrants are legal documents that state the grounds for arrest. They’re granted by Sheriffs or Justices of the Peace.
The police don’t necessarily need a warrant to arrest you.
For less serious crimes that you wouldn’t get a prison sentence for, the police officer should get a warrant to arrest. The only exception to this is when they think it’s in the interests of justice to arrest you immediately, for example, if you’ll continue committing the crime, avoid arrest or destroy evidence. This will be at the discretion of the police officer.
A police officer has the power to arrest you without a warrant if they have reasonable grounds for suspecting that you’ve committed or are committing a crime. For example you’re:
- seen committing a crime or running away from the scene, or
- accused by a credible witness of being seen committing a crime.
You can also be arrested under specific laws not connected with an offence, for example if you breach a court order to stay away from your partner .
A police officer can also arrest without a warrant if they reasonably suspect you to be a terrorist.
The warrant gives authority to do an intimate body search of the arrested person, meaning a ‘strip search’ but not an invasive search that would involve an internal examination.
Does My Connecticut Warrant Follow Me Outside Of Connecticut
Sometimes. If theres an active warrant for your arrest and youre out of state, you run the risk of being picked up by local police and extradited to Connecticut. Any active warrant is available to law enforcement agencies nationwide. Even a routine traffic stop puts you in danger of being tossed in jail and sent to Connecticut for court. Contact an attorney as soon as you believe you are being investigated for a crime or if you think theres an active warrant for your arrest to handle your charges on your own volition.
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Do I Have To Consent To Letting The Officers Search My Home
Unless officers have a search warrant or there is , you can say no to a search, tell the officers what room they can and can’t search, and take away your consent at any time.
- If the officers are looking for evidence of a crime, the officers are required to advise you of these rights, which are called Ferrier warnings.
If SPD officers enter with your consent, SPD policy requires that you either be asked to sign a “consent to search” form or that the consent be recorded on video.
Laws That Affect Low Income People
Panhandling: Asking for money on the street is not illegal under the Canadian Law. Certain cities may modify these rules.
In Vancouver, you cannot do the following:
1. Ask for money when you are in a group of 3 or more.
2. Lie or sit on the sidewalk and ask for change.
3. Ask the person more than once for change.
4. Ask people in cars for change.
5. Ask for change within 5 meters of a bank, payphone, bus stop, public toilet, etc.
6. Follow people after asking them for change.
Loitering: Loitering is hanging out in a specific place without having reason to be there. It is a legal offence if you block or slow down pedestrians or cars.
Sleeping in Public: It is a public offence to sleep in parks during the night.
Right To Talk To A Lawyer
You have the right to contact a lawyer if you’re being detained. The police must tell you that you have this right. If you tell the police you want to talk to a lawyer, the police must allow you to contact a lawyer. You must be allowed to talk to the lawyer in private.
The police must tell you about . Legal Aid Ontario pays lawyers known as duty counsel to give free legal advice if you’ve been arrested or detained. This advice is available 24 hours a day. If you’ve been arrested or detained, you can contact duty counsel immediately. If they don’t tell you, ask the police for the toll-free phone number for duty counsel.
Where Can I Find Information On An Arrest Warrantlast Revised June 17 2022
The BC Offence Act c. 338 sections 33-37 contains information on warrants.Police may or may not need a warrant for an arrest, depending on the seriousness of the crime and the situation. A warrant is written permission given by a judge to carry out a certain action. If police have a warrant for an arrest, they must show or tell the individual about the warrant. The police may not have the warrant with them.
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If I Speak With A Lawyer Before I Talk To The Police Wont That Make Me Look Guilty
Many people worry that speaking with a lawyer will make the police think they are guilty, or make it look like they have something to hide. It is important to remember that, if you are charged with an offence, the prosecutor cannot argue that it is more likely you are guilty because you spoke with a lawyer. Innocent people and guilty people both need legal advice.
Ultimately, whether you look guilty is less important than whether it can be proven you are guilty. A lawyer can give you the important advice you need to prevent making a mistake that cannot be undone.
Can You Refuse A Lawyer
Most adults can agree to be interviewed without a lawyer but it is not in your best interests. The police will take a note of why you chose not to have a lawyer. The police shouldn’t try to influence your decision whether to have a lawyer.
Some people can only be interviewed with a lawyer present:
- children under 16 years of age
- young people with a compulsory supervision order aged 16 or 17
- vulnerable adults – 16 years or older who may not understand what is happening or be able to communicate with the police because of a mental health condition or learning disability.
16 and 17 year olds who are not vulnerable or under a compulsory supervision order will need the consent of a parent or another adult if they want to be interviewed without a lawyer.
You can change your mind and choose to have a lawyer at any time.
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You’re Taken To The Police Station Or A Place Stated On The Warrant
You should be taken to a police station as soon as possible after you’re arrested. The police can use reasonable force to do this.
If you’re arrested under a warrant, it might require you to be taken to another place other than a police station, like a hospital.
If the police officer arrested you without a warrant and on the way to the station they no longer suspect that you have committed a crime, they can release you straight away.
The police could also arrest you at a hospital if you’re getting medical treatment, and hold you in custody there instead of taking you to the police station.
What If I Am Notified That There Is An Arrest Warrant
We typically advise clients who are notified they have an arrest warrant to turn themselves in. If you are notified that there is an arrest warrant for you, it is wise to consult with a lawyer about your specific situation. The advantage of turning yourself in is that you are better able to control where and when your arrest takes place. If you dont turn yourself in, the police may arrest you at an inconvenient or embarrassing place, such us at work. If you turn yourself in, it also means you are more likely to be considered a low flight risk for purposes of having your bail set.
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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.
What Steps You Should Take When You Find Out A New Jersey Bench Warrant Has Been Issued Against You
It is always smart to turn yourself in to the authorities rather than wait for them to come across you and arrest you for an outstanding bench warrant. However, retaining an attorney before turning yourself in can help your case go much more smoothly and more positively. A skilled New Jersey bench warrant attorney will know how to work with the court to attempt to get the warrant revoked without your having to be placed under arrest or spend time in jail.
When you appear before the judge, an experienced bench warrant attorney will also be able to make the case that you do not deserve to face harsh penalties for your failure to appear. Sometimes, you may have had a very valid reason for not making your court date. You may have been given the wrong date or had some sort of family or medical emergency that prevented you from being there. Other times, the criminal defense attorney may need to be more creative in crafting a defense. Either way, it is always more likely that the judge will be convinced not to hold this situation against you if you have an experienced advocate fighting on your behalf.
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