What are my rights during a police stop?

What are my rights during a police stop?

Few things are more stressful than seeing the flashing lights of a police car in your rearview mirror. Anyone in that situation has obligations they must fulfill, such as pulling over and speaking to officers. They also have rights that protect them from such issues as giving evidence that could be used against them.

What are some general pointers?

• No matter the circumstances, stay calm and polite. Do not be confrontational with the officer.
• Keep your hands visible at all times. Do not reach for something in your pocket as the officer may think you are drawing a weapon.
• Avoid sudden movements. If you need to get your documents from the glove compartment, tell the officer first.
• Be honest. Lying to investigators is never a good idea and you could be charged with obstructing justice.

Do I have a right to stay silent?

You are required to give your name, address and date of birth at the roadside. You must also provide identification such as a driver’s licence, vehicle registration and proof of insurance when requested. If the officer asks general questions about where you are going or if you have consumed alcohol or drugs in the past three hours, you can say you do not want to answer any questions until you speak to a lawyer. They may continue the questioning but you can politely say you choose not to respond to their questions.

Can I ask why I was stopped?

Driving in Canada is a privilege, not a right and the power for police to stop vehicles is granted by the Highway Traffic Act. Officers must have a reasonable suspicion to pull you over and the grounds for a traffic stop can include:

• If the officer witnessed you violating traffic laws, such as speeding, running a red light or failing to signal a turn.
• If there are visible mechanical issues with your vehicle, such as a broken taillight.
• If you or other occupants exhibit behaviour that arouses suspicion, such as erratic driving or attempting to evade police.
• If investigators receive credible information about your vehicle or its occupants being involved in criminal activity.

Police can stop vehicles at established sobriety checkpoints without reasonable suspicion, especially during holiday seasons.

Can police demand an alcohol or drug test?

If an officer suspects you are under the influence of alcohol or drugs they have the right to demand a roadside test. All police officers in Ottawa are trained to do a simple roadside sobriety test, checking the driver’s eyes for nystagmus (the involuntary eye movements that everyone has but are amplified by drug or alcohol use). They can also order the driver to blow into a roadside alcohol tester or other means that can detect the presence of cannabis or cocaine.

These test results cannot be used in court but they are sufficient for police to issue an immediate licence suspension. If you fail the roadside test, police have the probable cause they need to arrest you and take you to the police station for more rigorous breath or urine tests.

Can I refuse to take a drug or alcohol test?

Do not refuse to take a requested test. That will lead to a criminal charge that comes with a criminal record, fine and licence suspension. According to Statistics Canada, 3,823 Canadians refused to take these roadside tests and were charged with failure to comply with demand.

Can police search my vehicle?

Police cannot search your vehicle without your permission unless they have reasonable grounds that it contains illegal items for evidence of a crime. They are allowed to look in the windows and may use a flashlight to do that at night. If they see an illegal substance in your vehicle in plain view, they can place you under arrest and hey will have the grounds to search your vehicle.

Section 8 of the Canadian Charter of Rights and Freedoms guarantees that "Everyone has the right to be secure against unreasonable search or seizure." This fundamental right ensures that law enforcement officers cannot conduct searches or seizures without proper justification.

What are the rights of passengers?

Police cannot demand that passengers in your vehicle identify themselves unless officers have reasonable grounds to believe they were involved in a criminal offence. If there is cannabis in the vehicle, it must be stored in a location such as the trunk where no one in the vehicle has access to it.

What if my rights were violated?

If you feel your rights were violated during the police stop, document the details of the encounter, including the officer’s badge number, patrol car number and the testimony of any witnesses. Consult with a criminal lawyer as soon as possible. You can also file a complaint with Ontario’s Law Enforcement Complaints Agency (LECA), selecting the appropriate police agency in the dropdown menu. LECA is a civilian arm’s-length agency of the Ontario Ministry of the Attorney General whose decisions are independent of the government and police.

Do I have a right to a lawyer?

If you are arrested after a roadside stop, police are required to provide you with the opportunity and means to speak to a lawyer as soon as reasonably possible. As s.10(b) of the Charter notes, everyone who has been arrested by the police on a criminal charge has the “right to retain and instruct counsel without delay and to be informed of that right.”

Contact me for assistance

If you have been arrested after being pulled over by police, contact me for a free consultation. Since being called to the bar in 2010 I have worked exclusively in criminal law, defending clients against criminal charges such as assault, impaired driving and sex offences.