Police Powers & Procedures
Police Powers – ProcedureIn this section, you will find information about what Police officers can and cannot do and you will be informed about your rights in regards to police questioning, arrests and searches. The real idea is that Police need to follow the correct procedures in locating the evidence against you. If they have not followed the correct procedures, the evidence may be inadmissible and you may not be charged.To follow are the types of Police powers and the protocols that they must follow when performing any of the following actions.
SearchFor this discussion, searches will be broken up into three categories: search of premises, search of the person, search of a vessel (i.e. a car).Premises Premises includes, but may not be limited to, a building (i.e. school, workplace) or a house. A police officer named in any such warrant at any time of the day or night may, with such assistance as he or she thinks necessary, enter into, break open any house, building, premises or place, where he or she has reasonable cause to suspect that either:
- An offence has recently been committed or is about to be committed; or
- There are stolen goods; or
- There is any evidence that may amount to the commission of an offence; or
- There is anything that may be intended to be used for the purpose of committing the offence.
- There are stolen goods; or
- There is an object, that the possession of which constitutes an offence; or
- There is evidence of the commission of an indictable offence.
- Stolen goods; or
- An object, that the possession of which constitutes an offence; or
- Evidence of the commission of an indictable offence.
Interviews and QuestioningPolice questioning can be formal (at a police station and recorded) or informal (pulled over on side of the road). It is important to remember that you do have the right to remain silent. You must also remember that you are innocent until proven guilty. The Police must prove that you are guilty. You do not have to prove your innocence.It is also important to remember that often the Police do not have enough evidence against you to prove the offence when they question you. You may say something that may help the Police prove their case against you. To avoid this from happening, the best thing to do in this situation is to contact a lawyer immediately so that you know exactly how to handle the interview. It may be the difference between you going to jail and staying out.
ArrestPolice have the power to arrest people but only in certain circumstances. Police must always comply with certain protocols in order to carry out a lawful arrest. To determine whether you were lawfully arrested by Police, you should contact an experienced lawyer to determine this question for you.
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