What You Should Be Aware of If You Find Yourself in Police Custody
Experiencing your first arrest can be incredibly overwhelming, and even if you’ve been through it before, managing your stress and safeguarding your rights involves reading this article thoroughly and consulting with a legal professional.
If you find yourself arrested in Alberta, it’s crucial to remain composed, know your rights, and consult with a lawyer promptly:
Your Rights:
- You have the right to know the reason for your arrest.
- Refrain from speaking to the police, except to provide your name, address, and birthdate.
- You may be searched after arrest, but do not consent to searches.
- Invoke your right to legal counsel; avoid discussing the case without a lawyer present.
- Arrests are typically carried out by peace officers such as police, sheriffs, or wildlife officers.
Handling the Arrest:
- Stay calm and cooperative; arguing or resisting arrest can escalate the situation.
- Do not attempt to talk your way out of an arrest; statements can be used against you.
- Your legal rights are activated upon detention or arrest.
Searches:
- Peace officers can search you after an arrest for evidence and safety.
- Do not allow searches without a warrant, even in your home or vehicle.
- Do not provide passwords for digital devices without consulting a lawyer; warrants are usually necessary for digital searches.
Your Rights During Arrest:
- Freedom from unreasonable search or seizure.
- Freedom from arbitrary detention; you are considered detained when not free to leave.
- Right to be informed promptly about the reason for your arrest.
- Right to legal counsel; officers must allow you to speak to a lawyer before further questioning.
Consulting a Lawyer:
- Assert your right to speak to a lawyer; officers must facilitate this.
- Use a private room at a police station or request to call a lawyer, although using your own phone might not always be permitted.
- If you don’t have a lawyer, duty counsel provides free legal advice.
For further assistance and legal advice, contact a lawyer at Smyllie Law.