What are your RIGHTS during police interrogation?

[SADVOCACY]

ICYMI York Region Vice Squad Arrests 100+ Men in Project Raphael

I have outlined some general and practical tips should you ever have an encounter with law enforcement. Please note that what is offered is an very simplified explanation. The information provided is not intended to substitute experienced legal counsel and advice, but it may assist you in deciding how to best approach your case.

If you are being arrested and/or questioned, here are some things you should know. (The police should go over the rights with you IMMEDIATELY, by the way... if they don't, that could be relevant to your case later on.)

1. You have a right to KNOW WHY you have been taken into custody.
2. You have a right to SILENCE. The choice to cooperate with the police, whether as a witness or as a potential suspect, is up to you.
3. You have a right to retain and instruct a LAWYER. If you don't know or have a lawyer, the police will connect you with DUTY COUNSEL (free legal advice).
4. 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.
5. You do NOT have a right to lie or mislead police in the execution of their duty. If your inclination is to fib, SHUT YOUR MOUTH instead.*

*In contrast, the police DO have the right to lie to you. They have a lot of leeway to use tactics that mess with your mind.

Keep in mind, it’s not easy to stay silent in the face of police questioning. Speaking to a lawyer can assist you in understanding how to protect and exercise your rights.

TL;DR : You have rights when you get arrested, including to know why you are being held in custody; to remain silent; to speak to a lawyer or get free legal advice; to voice your discomfort, especially if you're tired, hungry, thirsty, or sick. You do NOT have a right to lie to the police. However, the police are allowed to try and trick you. Anything you say can and will be used against you in a court of law. Get legal advice ASAP.

 

[malata]

Great. Very informative! Je vous remercie

 

[SADVOCACY]

Ca fait plaisir! :wave:

 

[dirkd101]

Thank you for this advice, as this has been an often bantered topic of discussion here.

Although I would argue with your linking this to the 100+ arrested under Project Raphael. I don't believe they should have any rights myself, as unpopular as some may see that. Its this type of person who is looking for underage girls that has probably had them in the past and is obviously communicating for the purpose of obtaining these services again. Lock them up and throw away the key.

 

[wilbur]

Thank you for this advice, as this has been an often bantered topic of discussion here.

Although I would argue with your linking this to the 100+ arrested under Project Raphael. I don't believe they should have any rights myself, as unpopular as some may see that. Its this type of person who is looking for underage girls that has probably had them in the past and is obviously communicating for the purpose of obtaining these services again. Lock them up and throw away the key.

The reason we have a judicial system is to protect you from the abuses of the police. Cases get thrown out all the time because police broke the suspect's rights, such as engaging in entrapment. That includes nailing innocent people. If police were always absolutely perfect, we wouldn't need trials. But the system isn't perfect, far from it. Plus, the Crown routinely attempts to reduce the charges in order to have the accused plead guilty to a lesser sentence, thereby avoiding crushing legal fees, a long and anxious process and prison time if convicted. A lot of innocent people have a criminal record because they wanted to avoid a lengthy and expensive judicial process and jail time if convicted. You don't get your legal fees back if you are finally cleared by the court.

With respect to the case at hand, I had heard that the guilt of some of these people caught in such situations is not that clear cut. They respond to an ad where the service provider being under age is not that apparent. They actually show up only to be told by her at that time that she's not quite 18 yet, but are persuaded to go along with it because she's only a couple of months away from 18 anyway, and she really needs the money. We now go from premeditation to impulse.

 

[Scarey]

Very good advice. Very bad cases to link it too. These men were charged with attempting to have sex with 13-16 year old girls. These gents deserve a day in court, but i'm under no inclination to give them more then that.

 

[Butler1000]

Um. Useful information.

But these idiots were told by text the girl was underage and went for it.

My sympathy is nil. They knew EXACTLY what they were doing. I will not buy into or allow any defense that says they were lead on. That takes away personal responsibility for their libido.

Every man has the ability to control their urges. If you don't, you aren't a man.

 

[SADVOCACY]

Just to clarify: this post outlines general and practical tips should you ever have an encounter with law enforcement.

It's not specific to anyone caught up in Project Raphael; those individuals have already been interrogated by this point. I included the link because it's topical, and the recent sting generated some buzz about legal rights. That's where I come in.

Constitutional rights underpin the integrity of the legal system.

 

[malata]

10 Rules for Dealing with Police

 

[The "Bone" Ranger]

This thread is very relevant these days - a few of the SPs I have seen recently that work in York Region have told me that cops have come into their room to "check on them" to ensure that they are safe and not being pimped.

My question is what the hell would happen if one of us was in the room when they knock and come in? Do you just give them your name etc. and shut the fuck up?

 

[dirkd101]

The reason we have a judicial system is to protect you from the abuses of the police. Cases get thrown out all the time because police broke the suspect's rights, such as engaging in entrapment. That includes nailing innocent people. If police were always absolutely perfect, we wouldn't need trials. But the system isn't perfect, far from it. Plus, the Crown routinely attempts to reduce the charges in order to have the accused plead guilty to a lesser sentence, thereby avoiding crushing legal fees, a long and anxious process and prison time if convicted. A lot of innocent people have a criminal record because they wanted to avoid a lengthy and expensive judicial process and jail time if convicted. You don't get your legal fees back if you are finally cleared by the court.

With respect to the case at hand, I had heard that the guilt of some of these people caught in such situations is not that clear cut. They respond to an ad where the service provider being under age is not that apparent. They actually show up only to be told by her at that time that she's not quite 18 yet, but are persuaded to go along with it because she's only a couple of months away from 18 anyway, and she really needs the money. We now go from premeditation to impulse.

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

If any douche bag doesn't bail after finding out she's not quite 18, deserves to be arrested. They won't get sympathy from me.

 

[SchlongConery]

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

You really think that?

If any douche bag doesn't bail after finding out she's not quite 18, deserves to be arrested.

Agreed.

 

[wilbur]

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

If any douche bag doesn't bail after finding out she's not quite 18, deserves to be arrested. They won't get sympathy from me.

You obviously didn't watch that video that malata posted above. You do have something to fear, even if you are innocent of any guilt. Although they have discretion on whether to arrest you or not, it's the police's job is to make arrests, and not be nice guys. Anything you may say, the police will take it out of context and use it against you in a court of law, especially when they have to show some results for the money invested in a certain operation.

 

[wilbur]

This thread is very relevant these days - a few of the SPs I have seen recently that work in York Region have told me that cops have come into their room to "check on them" to ensure that they are safe and not being pimped.

My question is what the hell would happen if one of us was in the room when they knock and come in? Do you just give them your name etc. and shut the fuck up?

When the cops come in and 'check' on them, they are not doing them any favours. They take pictures and those wind up in the police database. As someone mentioned before, that database is available to US immigration inspectors. Although that person is never charged, the US doesn't need convictions or arrests to keep you out.

When they get tired of the under-age prostitution agenda, they will then concentrate on regular sex transactions between consenting adults. Whadayouknow; they know where to start staking out. They will be able to make compelling cases against people associating with 'known' prostitutes.

Anyway, dealing with your question, look at malata's video. 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.

 

[SADVOCACY]

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.

This right here, folks.

 

[Dave in Phoenix]

With respect to the case at hand, I had heard that the guilt of some of these people caught in such situations is not that clear cut. They respond to an ad where the service provider being under age is not that apparent

Actually was an adult website, pictures of adults not a site some one "seeking" would usually go. In similar U.S. case the "child" was wearing a wedding ring. Its lazy police work looking for public fame to go after "child sex deviats" yet not going where they actually seek underage "underground web" of some sorts via TOR or something. I understand if you looking for under age there are places to find it, not the sites LE uses for their entrapment stings.

 

[Boss Nass]

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

You are not the one deciding that, someone else is. And there are many innocent people who have been executed.

 

[The "Bone" Ranger]

I will have to watch the video. One of the SPs even said that the cops would check their name against the name on the room (to see if they are being pimped), which seems bothersome as to why the hotel would release the name on the room to the cops without a warrant (I highly doubt they would get one for something like this).

When the cops come in and 'check' on them, they are not doing them any favours. They take pictures and those wind up in the police database. As someone mentioned before, that database is available to US immigration inspectors. Although that person is never charged, the US doesn't need convictions or arrests to keep you out.

When they get tired of the under-age prostitution agenda, they will then concentrate on regular sex transactions between consenting adults. Whadayouknow; they know where to start staking out. They will be able to make compelling cases against people associating with 'known' prostitutes.

Anyway, dealing with your question, look at malata's video. 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.

 

[dirkd101]

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

If any douche bag doesn't bail after finding out she's not quite 18, deserves to be arrested. They won't get sympathy from me.

You really think that?

You obviously didn't watch that video that malata posted above. You do have something to fear, even if you are innocent of any guilt. Although they have discretion on whether to arrest you or not, it's the police's job is to make arrests, and not be nice guys. Anything you may say, the police will take it out of context and use it against you in a court of law, especially when they have to show some results for the money invested in a certain operation.

You are not the one deciding that, someone else is. And there are many innocent people who have been executed.

I do believe I have nothing to fear, only because I don't put myself in situations where the police might come and question me. If I've done something that after the fact I question my actions for and therefore start thinking up an excuse for my actions in case of wrongdoing, then I suppose that the given advice should be adhered to.

Innocent people may have been executed in this country many years ago, but this isn't the case now and if I go to a country where corporal punishment or execution exists, then I would think it advisable to not get into trouble and take the Disney tour of that country, staying out of the unsavoury areas.

 

[whynot888]

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