Что делать и как себя вести если тебя остановила полиция.
Добавлено: 16 авг 2005, 22:12
Очень познавательно.
No need to tell them, unless you want to. It is legal to record a converstaion between two parties, as long as one of the parties (ie you) is aware of the taping. You cannot record the conversation of *other* people's conversation without their knowledge and consent.
If stopped, we are presuming in a vehicle, obey the commands of the officer, such as turn off your engine and remove the keys from the ignition, keep your hands in sight, get out of (or stay in) the car, move slowly but deliberately, etc, etc, etc. Personally, I would draw the line at getting down on my knees or laying on the ground, but that's just me.
If stopped ask "Am I being detained?" If they don't say yes (which is different from not saying "no"), you are not legally required to stay. If they do say yes, ask "Why am I being detained?". They *must* give you a reason. If you are being detained in any way, your Charter Rights under 10a and 10b automatically kick in. You do not have to be officially under arrest to be "detained" - detained means exactly that: prevented from going on your way as you please.
If stopped in a vehicle, you are legally required to provide them with your driver's license, vehicle registration certificate, and proof of insurance. As I said before, when driving on public roadways, they can pretty much stop you at will simply to determine if you have these things with you. But that is all.
If they want to do a road-worthiness inspection, they must have reasonable grounds to believe that your vehicle is unsafe, such as visible rusting or cables or pipes hanging or dragging. But in doing so they may *only* inspect such areas as directly relate to the safe operation of your vehicle, such as the floorboards, emergency brake, lights, signals, etc. They may not demand that you open your trunk as part of that inspection, nor may they look in behind the seat of your truck, or the cargo area of your truck if it is enclosed.
If they stop you for a light being out or some other infraction, they have no grounds to search your person or your vehicle.
Do *not* "consent" to a search by simply obeying the order that you do so! Say, "I do not consent to a search". If you have to, get out of your vehicle, or stay inside, and lock the door.
They *will* take the opportunity to visually look inside your vehicle through the windows. If they see something that looks like a gun case, you can pretty much bet that they will ask to see your PAL, and my opinion is that a Judge will back them up on them taking a look.
Do *not* respond to any of their questions like "Is this your car?" Show them the registration certificate. Other questions like "Where are you going?" "Where are you coming from?", "Do you live around here?", etc etc etc are none of their business. Questions like "Do you know why I stopped you?" or "Do you know how fast you were going?" etc etc are designed to elicit a response from you - any respone. The actual answer doesn't matter, it is just to get you in the habit of responding to their questions. An old saying I recall is that "He who asks the questions controls the conversation". They are relying on your natural inclination to answer a question, and to get along, and to defer to authoirty, to get you to say something. Remember, anything you *do* say can be used against you as evidence, so SAY NOTHING!
Of course, the one thing that you MUST say, if you are arrested is:
"I WANT A LAWYER".
After that, shut the fuck up.
No need to tell them, unless you want to. It is legal to record a converstaion between two parties, as long as one of the parties (ie you) is aware of the taping. You cannot record the conversation of *other* people's conversation without their knowledge and consent.
If stopped, we are presuming in a vehicle, obey the commands of the officer, such as turn off your engine and remove the keys from the ignition, keep your hands in sight, get out of (or stay in) the car, move slowly but deliberately, etc, etc, etc. Personally, I would draw the line at getting down on my knees or laying on the ground, but that's just me.
If stopped ask "Am I being detained?" If they don't say yes (which is different from not saying "no"), you are not legally required to stay. If they do say yes, ask "Why am I being detained?". They *must* give you a reason. If you are being detained in any way, your Charter Rights under 10a and 10b automatically kick in. You do not have to be officially under arrest to be "detained" - detained means exactly that: prevented from going on your way as you please.
If stopped in a vehicle, you are legally required to provide them with your driver's license, vehicle registration certificate, and proof of insurance. As I said before, when driving on public roadways, they can pretty much stop you at will simply to determine if you have these things with you. But that is all.
If they want to do a road-worthiness inspection, they must have reasonable grounds to believe that your vehicle is unsafe, such as visible rusting or cables or pipes hanging or dragging. But in doing so they may *only* inspect such areas as directly relate to the safe operation of your vehicle, such as the floorboards, emergency brake, lights, signals, etc. They may not demand that you open your trunk as part of that inspection, nor may they look in behind the seat of your truck, or the cargo area of your truck if it is enclosed.
If they stop you for a light being out or some other infraction, they have no grounds to search your person or your vehicle.
Do *not* "consent" to a search by simply obeying the order that you do so! Say, "I do not consent to a search". If you have to, get out of your vehicle, or stay inside, and lock the door.
They *will* take the opportunity to visually look inside your vehicle through the windows. If they see something that looks like a gun case, you can pretty much bet that they will ask to see your PAL, and my opinion is that a Judge will back them up on them taking a look.
Do *not* respond to any of their questions like "Is this your car?" Show them the registration certificate. Other questions like "Where are you going?" "Where are you coming from?", "Do you live around here?", etc etc etc are none of their business. Questions like "Do you know why I stopped you?" or "Do you know how fast you were going?" etc etc are designed to elicit a response from you - any respone. The actual answer doesn't matter, it is just to get you in the habit of responding to their questions. An old saying I recall is that "He who asks the questions controls the conversation". They are relying on your natural inclination to answer a question, and to get along, and to defer to authoirty, to get you to say something. Remember, anything you *do* say can be used against you as evidence, so SAY NOTHING!
Of course, the one thing that you MUST say, if you are arrested is:
"I WANT A LAWYER".
After that, shut the fuck up.
через месяц после приезда в Канаду остановил мент, не остановился на стоп сайн, я остановился и выхожу такой рабостный из машины мол в чем дело а он за кобуру хвататеся и орет что то, я ему говрю мол у меня дите больное отвали ... я отпустил дитя домой , так он докопался точ он должен был сидеть там, вообщем штраф заработал я тогда, 80 баксов, (сейчас бы он мне попался, мало не показалось.) Через пять лет остановили якобы за скорость на 99, подощла что то лопочет, я спросил что меня то остановили, опять что то непонятное мол мы только одного можем остановить, я молча вязл тикет не подписал и уехал. Подал на диспут отсудил.