Interactions with the police: Your right to know

BY BRITTNEY CHANNER

Hey Everyone!

Can you believe that August is here?! Before you know it, winter will be paying us an all too familiar visit. I hope you all are enjoying yourselves. This week has been a very interesting week for me when it comes to writing. I am not going to lie, I struggle a bit when it comes to thinking of topics that I believe is interesting but at the same time important.

When discussing legal or justice issues, if not written correctly, the information provided can be a bit dense. I understand that this comes with the territory of being interested in legal and justice issues. Every day I ensure that I find unique and creative ways in educating the public on things that are, to be honest, straight up BORING; at least to many people however, necessary for the general public to know.

As I was doing research on another topic for this week’s entry, I was reminded of an incident that a former friend of mine went through. From time to time, I get flash backs about him telling me his story and was saddened how this particular event affected him. His story surrounds being illegally searched and detained by the police and being aware of how to handle one’s self when in the presence of police officers.

Due to our political climate, many people of color have expressed fear in the event they get pulled over. Every day we hear about victims who have lost their lives during their interactions with police and because of this, many people are scared. My friend described to me how scared he was, how the police officer he was interacting with abused his power and used unnecessary force when the situation at hand did not require any.

At the time, I didn’t really know how to console him or what to tell him. However, as a person who has taken the time to interact with many lawyers whose expertise are within criminal law, here are (3) suggestions that I believe many people should be aware of when pulled over by a police officer.

Do NOT try to be a lawyer. At a legal panel that I went to a couple of years ago, that was the first suggestion that was recommended by all the lawyers on the panel. Your prime goal is getting home alive and safe. Although you may feel inclined to argue or reiterate your knowledge of the law, it may be in your best interest to keep quiet momentarily; and handle your complaint after. Remember the goal is to get you home!

If you are not under arrest or being detained, you are therefore not required to answer an officers questions; unless you want to because it feels right. If you are stopped at random and asked for your name, address or your identification, you are not required to provide it. Nevertheless, it is not recommend to purposely lie about who you are or where you live.

Police are not allowed to search your body if you are not under arrest or haven’t agreed to a search. However, let it be known that if you are found in an area where police are searching for drugs or have probable cause to believe that you have illegal substances on you, a search may be carried out.

Sometimes our interactions with police may not be the greatest and because of this, many people feel hesitant on speaking out about their experiences. Additionally, most people do not know who to report to should a situation arise. However, the Ontario Office of the Independent Police Review Director (OIPRD) handles all complaints against police in Ontario including the Ontario Provincial Police. In the event you feel that an officer’s actions should be reported, here is where you would make a proper complaint regarding your experience.

Interactions with police can be very intimidating and stressful especially, if you are unaware on how to handle yourself. Knowing your rights is an essential requirement when trying to maneuver an already difficult justice system and hopefully these suggestions can provide you with the tools needed to be more aware.