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title: Don’t talk to cops ...

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# Don’t talk to cops ...
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#### some generic legal advice that was passed along with a request for me to share...
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1. Don't talk to cops - Whatever a cop tells you, they will never support your struggle in any way. Any promises they make are worthless. Cops are allowed to lie as part of their job. It is also part of their job to gain your trust, so they can manipulate you and get you to incriminate yourself and your comrades.

- - If a cop tries to talk to you, walk away. If they won't let you walk away, ask "Am I under arrest?" If they say yes, they have to specify the charge under the Criminal Code of Canada. Police can also arrest you for violating an existing court injunction, even if you're not aware of it. 
 - - Police can also detain you without charging you, for example if they think you've committed an offence and want to investigate. If they can't specify a charge, but won't let you go, ask "Am I being detained?" If the answer is no, then walk away.

2. If the police arrest you, you don't have to talk to them - But if they arrest you, you have to give them your correct name, current address and birthdate (or just give them your driver's license or other official photo I.D.). Then say "I wish to exercise my right to remain silent. I also wish to speak to a lawyer at the earliest opportunity." Then say nothing until you speak to a lawyer. If the cops further try to talk to you, repeat the above.

- - If the police are detaining you, you still don't have to talk to them. Just say the above as many times as necessary. They'll either have to charge you or let you go. You also don't have to identify yourself or provide I.D. unless they are charging you with an offence under the CCC, or some other offence, like a provincial or bylaw infraction, which they need to specify.

- - If you lie to the police, refuse to identify yourself or provide the police with a false name, address or birthdate, you could be charged with "Obstruction of Justice," which is an offence under the CCC.

- - Finally, it is your choice whether to carry I.D., but in the event that you are arrested for a criminal code violation or for violating an injunction issued by the courts, or even if you're alleged to have committed a provincial or bylaw offence, police have the legal right to detain you until your identity can be confirmed, should you not be carrying official photo I.D.

3. Please remember, in all interactions with the police, that cops are trained in the use of violence and are allowed to use it as part of their jobs - So try to remain calm, keep your hands in plain sight at all times and avoid sudden moves. Unless they tell you that you are being arrested or detained, you do not have to submit to their authority. But should a cop abuse their authority with you, it is generally not a good idea to resist, which could lead to further charges ("resisting," "assault police") and possible injury (or worse). If possible, record the cop's badge number or name, or have someone else record it, and also to witness.

- - If the police ask for permission to search your belongings or your person, politely but firmly say "No." If you are arrested or detained, the police have a right to do a pat-down search, as well as search your belongings. Depending on the seriousness of the charges, police may issue you a summons to appear in court at a later date (as well as order you to immediately leave the area) and then release you.
-  - If you are charged with a hybrid (may be serious) or indictable (serious) offence or with violating a court injunction (especially in the case of criminal contempt), police may take you to jail. You might be strip searched, which must be done by police of the same gender as the suspect. You don't have to and shouldn't talk to them, aside from giving them your name, address and birthdate. You have a right to speak to a lawyer in private, either your own or the duty counsel. If you don't have a lawyer or the number for one who might be available to represent you, ask to speak to the duty counsel.
- - You may be asked to sign a list of conditions, by either the police or a justice of the peace, as a condition of your release. These could include, but aren't limited to, limits on your freedom of movement (stay out of certain areas) or on the people with whom you associate (not associate in any way, directly or indirectly, with other people, like the people with whom you were arrested). You may also be asked to post a bond as a condition of your release.

- - If you don't want to abide by the conditions and wish to challenge them in court, you will be held in jail until the next court day (generally Monday to Friday, excluding stat holidays). You will appear before a judge with your lawyer or the duty counsel lawyer to make a plea ("Guilty" or "Not Guilty"). Unless you wish to be convicted and sentenced, plead "Not Guilty." You and your lawyer will argue for release and, unless the charges are serious, you have a criminal record or are otherwise before the courts (bail, probation, parole), you should be granted bail and released.

- - You might be required to post a bond or bail to get released. You could also be released with conditions, including those listed above. But you will have survived the experience intact, more or less. Lots of people get arrested and charged, but many don't get convicted because they don't talk to cops (except to give them their identities) or make any written or verbal statements at all, while in police custody.

- - This includes in the jail cells where police sometimes use undercover officers posing as "friendly" fellow prisoners to elicit information. Say nothing about your charges or the circumstances to anyone while in police custody. Just wait to speak to your lawyer.