What are your RIGHTS during police interrogation?

wilbur said:

Don't say anything except ask if you're being detained and if you can leave, and if you are, remain silent and request legal counsel. Most people get convicted because they wound up confessing, and that makes it very easy for the cops and prosecutor. The cops have the permission to lie to you, so don't fall into the trap of giving them information because they're nice guys and not looking to bust you. They do want to bust you.

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Exactly. S T F U and wait for your attorney, do not answer any questions, do not nod your head, do not shrug your shoulders, Just shut up and look at your socks or your hands and completely ignore their questions, and remain expressionless.
If for some reason you get sent to a remand centre awaiting bail, just keep to yourself and be cool, there's a heirarchy there.

dirkd101 said:

Innocent people may have been executed in this country many years ago, but this isn't the case now ...

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And of course, no innocent people are ever jailed. :der:

Boss Nass said:

And of course, no innocent people are ever jailed. :der:

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I will concede that there are a number of innocent people jailed each year and I do know a few that have had to deal with this, as their ex-wives have made false allegations against them of harassment. This is the unfortunate part of our society in the execution of Family Law, where the woman is always right and the man is a scumbag douche who is guilty.

I will also concede that in other cases innocents get locked up, but not in droves and for the most part it's because of their past, association or something else that points their way.

The way you make it out Boss, this is a real problem here in Canada and we should all be worried of this police state that we are living in. This is not the case and for the most part, the average Canadian has nothing to worry about.

Dirkd101

Of course, almost everyone in Canada are not likely to ever have to worry about false arrest etc. But that is not the point of this thread.

The point of this thread is that IF you ever happen, for any reason, to find YOURSELF being questioned, detained, investigated by the police for any reason... this is information on how you might conduct yourself so as to protect yourself.

Nobody is saying that "we should all be worried of this police state that we are living in." nor that there is widespread police corruption and that Canadians as a whole should be fearful of false arrest.



In your case you say that you are at no risk of interacting with the police. So you do not see escorts or go to massage parlours?

I've never had a problem with the police but once had a problem with the immigration 'police' when travelling to the U.S.

whynot888 said:

You have the right to remain silence and wait for your attourny to arrive.

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This. You should never say a word.

Mazzi said:

Exactly. S T F U and wait for your attorney, do not answer any questions, do not nod your head, do not shrug your shoulders, Just shut up and look at your socks or your hands and completely ignore their questions, and remain expressionless.

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Yes, like this:



Maybe, at some point, ask for a sandwich. Tuna or egg salad?

whynot888 said:

You have the right to remain silence and wait for your attourny to arrive.

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One significant difference between Canada and the U.S.A. is that in the U.S. once someone invokes their right to counsel, police may not question them until a lawyer arrives, that has not been so in Canada.

I remain surprised that the SCC has never gone there.

Aardvark154 said:

One significant difference between Canada and the U.S.A. is that in the U.S. once someone invokes their right to counsel, police may not question them until a lawyer arrives, that has not been so in Canada.

I remain surprised that the SCC has never gone there.

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Yes, this is a big difference.

In Canada, you have the right to remain silent, and the right to counsel.

However, in Canada the police may and often will continue to interrogate you despite the fact that you have requested counsel and have said you have nothing to say.

malata said:

To remain silent...I wonder what would happen if you did this at the Canadian border crossing or at a stop check for alcohol consumption test?

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What they aren't telling you is that this is at what is termed an interior checkpoint at the far end of the U.S. Border Patrol's area of jurisdiction. That is why the jackass in the video is able to act like a jackass (he is a U.S. Citizen traveling in the U.S.). He wouldn't be able to pull this if this were crossing the bridge in Niagara Falls or El Paso at the actual border there he would be sitting in a detention room until he decided to talk or they could determine what they need to know. Likewise if he was not a U.S. Citizen.

Mazzi said:

Exactly. S T F U and wait for your attorney, do not answer any questions.

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How many folks on here have an attorney to call? In the U.S. you have to pay about $5000 from what I'm told or more to just have them on retainer to represent you IF you ever need them - and most don't.

Aardvark154 said:

One significant difference between Canada and the U.S.A. is that in the U.S. once someone invokes their right to counsel, police may not question them until a lawyer arrives, that has not been so in Canada.

I remain surprised that the SCC has never gone there.

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Another major difference between the USA and Canada is that you cannot excuse yourself from testifying once you agree to take the stand. In other words, while you are being cross-examined, you cannot invoke a 5th Amendment like in the States. Failure to answer the question can subject you to contempt of court charges, and it may impair your credibility too.

Dave in Phoenix said:

How many folks on here have an attorney to call? In the U.S. you have to pay about $5000 from what I'm told or more to just have them on retainer to represent you IF you ever need them - and most don't.

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My friend is a criminal lawyer but I wish I never have to call him (lol).

SADVOCACY said:

You have a right to EXPRESS DISCOMFORT. Feeling hungry? Tired? Sick? Say it out loud so that a judge or jury later on can determine whether your statement is voluntary

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You also have the right if you have a chronic disease condition like say you suffer from Crohn's disease and need your medication right away because your having a flare up, they have to take you to the hospital. At least you might have a good night sleep in a hospital bed instead of a cold hard steel bench lol. Knowing your rights is half the battle.

SchlongConery said:

Dirkd101

Of course, almost everyone in Canada are not likely to ever have to worry about false arrest etc. But that is not the point of this thread.

The point of this thread is that IF you ever happen, for any reason, to find YOURSELF being questioned, detained, investigated by the police for any reason... this is information on how you might conduct yourself so as to protect yourself.

Nobody is saying that "we should all be worried of this police state that we are living in." nor that there is widespread police corruption and that Canadians as a whole should be fearful of false arrest.



In your case you say that you are at no risk of interacting with the police. So you do not see escorts or go to massage parlours?

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In case you missed it Schlong, I thanked Sadvocacy for posting this advice here, as it is sage advice. The consternation that many innocents are languishing in jail just isn't true and that it's something we should fear.

Since my divorce, I've retired from the hobby, so no, I do not visit either escorts or massage parlours, but since you brought it up I will address this. If you find yourself in either place and it is raided, then yes, you should follow the advice that Sadvocacy has given. I highly doubt you will spend time in a detention center, unless there is more to it, like underage girls. At the worst, you will spend time in the lock up inside a police station while you are being processed, not rotting in some prison.

Let's face it, if there is a raid, you are an unfortunate to be found there. A raid and arrests happen because something illegal is going on and there has been an investigation. Just because you don't agree with a law, this doesn't make you innocent. Ignorance of the law also doesn't make you innocent.

I agree with the advice, shut your mouth and don't say a word.

If it's just you, cops and no lawyer present...you have no rights.

dirkd101 said:

If you are innocent of any guilt, you have nothing to fear.

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Come on dirk, that's bullshit. Plenty of innocent people get locked up.

Not to mention that's an odd comment on an escort review site after the passing of C-36.

Aardvark154 said:

What they aren't telling you is that this is at what is termed an interior checkpoint at the far end of the U.S. Border Patrol's area of jurisdiction. That is why the jackass in the video is able to act like a jackass (he is a U.S. Citizen traveling in the U.S.). He wouldn't be able to pull this if this were crossing the bridge in Niagara Falls or El Paso at the actual border there he would be sitting in a detention room until he decided to talk or they could determine what they need to know. Likewise if he was not a U.S. Citizen.

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How about this case:



Published on Jul 14, 2015
Kyle Hammond, who was recording legally in public, was approached by Officer Hughson, Badge #0979, and requested his Identification. Kyle exercised his 5th Amendment right to remain silent, despite Officer Hughson’s repeated attempts. When Kyle refused to answer any questions, Officer Hughson radioed in for a supervisor. Within seconds, Officer Elliott (Badge #1283) arrived on scene, asking Officer Hughson if Kyle was ‘being detained’. You can clearly hear Officer Hughson state that Kyle was NOT being detained.

Officer Hughson: He’s not talking

Officer Elliott: Is he being detained?

Officer Hughson: Not yet, but he is about to be

Shortly afterwards, Kyle was arrested on “Obstruction charges”, under this Virginia Law: https://vacode.org/18.2-460/ .This charge is in direction conflict with Virginia’s Attorney General’s opinion on Obstruction and Failure to Identify:

“The Court of Appeals of Virginia has held that “obstruction of justice does not occur when a person fails to cooperate fully with an officer or when the person’s conduct merely renders the officer’s task more difficult but does not impede or prevent the officer from performing that task.”

If that is not clear enough, the AG goes on to say:

“that a law-enforcement officer conducting a lawful investigative stop may not arrest a suspect for obstruction of justice under § 18.2-460(A)”

Even if Virginia laws dictated that Kyle was required to provide identification, that would be inconsistent with a “Terry Stop”, as recording in public, even in “Little Russia”, is not a crime.

https://www.youtube.com/watch?v=PyRQyUEoPHE

Two questions;

1) Why is the OP in blue?

2) Why is she/he a senior member after less than a month on the Board?