KNOW YOUR RIGHTS: 5 Things to Know When Getting Pulled Over by the Police

Police frequently stop individuals in their vehicles each and everyday and encounters with police can be intimidating. They have an enormous amount of power over your rights and so it is vital that you know your rights. 

The police can pull you over for many legitimate reasons: 

• They see you commit a criminal offence such as impaired driving
• They suspect you commit a criminal offence; and/or
• They can stop you to confirm your licence, insurance and registration of the vehicle, are all in order.

However, this is not a free pass for the police to question you whenever they wish.

If you have not been arrested or detained, you are not obligated to stay and speak to the police. It is as simple as asking the police officer whether you are being arrested or detained, and if they respond no, you are free to go. If they say yes, you have the right to immediately be informed of the reason for why you are being arrested or detained. 

When you know your rights, you can decide whether to comply with a police officer’s request or not.

 

What Is The Difference Between Being Detained And Arrested?

The terms “detained” and “arrested” are often used interchangeably, but they represent distinct actions with different legal implications. Knowing the difference between the two can help know your rights better and what to expect if you encounter law enforcement.

What Does It Mean To Be Detained?

Detention typically refers to a brief investigative process where law enforcement officers have physical and/or psychological control over an individual for the purpose of questioning. When a person is detained, it means they are not free to leave for the time being, but no formal charges are being laid. Detention can occur in various situations. Examples include, when police have reasonable suspicion that an individual may be involved in criminal activity such as impaired driving or when they need to gather information for an investigation. However, it’s important to note that being detained does not automatically mean that the individual will be arrested.

Key points about detention

• It is usually short in duration and related to an investigation.
• No criminal charges are laid at the time of detention.
• Detention can sometimes lead to an arrest, although not always.
• The individual’s movement is restricted temporarily for questioning or investigation.

What Does It Mean To Be Arrested?

An arrest, on the other hand, is a more formal process that involves taking someone into police custody with the intent of charging them with a crime. When a person is arrested, law enforcement must inform them of the reason for the arrest, the charges they are facing, and their right to legal representation. Unlike detention, which is typically brief and exploratory, an arrest signals the start of the criminal justice process and typically leads to a criminal charge.

Key points about arrest

• The individual is taken into police custody.
• Formal charges are usually brought against the person.
• The individual must be informed of the reason for the arrest, the charges, and their right to speak to a criminal lawyer Mississauga.
• An arrest generally leads to a criminal charge and further legal proceedings typically follow. 

 

What Are My Rights When Being Stopped By Police?

The Canadian Charter of Rights and Freedoms is the key document that outlines legal rights that protect you during police encounters, specifically in sections 7 through 12. It is important to know your rights when dealing with police to avoid trouble in a serious situation.

Here’s a breakdown of what you should know about your rights when stopped or arrested by the police:

• The Right to Know Why You’re Being Stopped or Arrested (Section 10)

If you’re pulled over or arrested, the police must inform you of the reason for your detention or arrest without delay. This ensures that you are aware of the legal grounds for their actions. You also have the right to ask for clarification if the reasons are unclear.

So always know your rights to ensure proper conduct during the police pull over procedure in Ontario.

• The Right to Remain Silent (Section 7)

One of your fundamental rights under the Charter is the right to remain silent. This means you are not obligated to answer questions posed by the police during an interaction, especially if those questions could incriminate you. You can politely choose not to respond, but keep in mind that failing to provide your identification (such as a driver’s license during a traffic stop) or identify yourself could result in further legal complications.

• Protection from Unreasonable Search and Seizure (Section 8)

Police generally need a warrant to conduct a search, whether it’s of your car, home, or personal belongings. Unless specific exceptions apply (for example, if they suspect immediate danger), you are not required to consent to a search. If the police want to search your vehicle, you have the right to question the necessity of this action and can refuse the search unless they have a valid legal reason or warrant.

Remember if the police pull over procedure violates your rights, you can file an official complaint. Hiring a criminal lawyer Mississauga will also help you deal with such violations.

• Protection from Arbitrary Detention or Imprisonment (Section 9)

Under section 9, you cannot be detained or imprisoned without a valid reason. If you’re stopped by the police and they wish to detain you for further questioning, they must have a valid reason. Arbitrary detention—where you are held without a legitimate reason—violates your rights.

These are some rights police don’t want you to know. However, they are still valid and knowing them can save you from illegal detaining.

• The Right to Legal Counsel (Section 10)

If you are arrested or detained, you have the right to speak to a lawyer. The police are required to inform you of this right promptly, including information about legal aid if you cannot afford a lawyer. You also have the right to make a phone call to a criminal lawyer Mississauga or another person who can help you contact a lawyer of your choice. Consulting with legal counsel ensures that you know your rights and obligations and have guidance on how to proceed in your situation.

 

What Happens During A Traffic Stop?

• Drivers must stop their vehicle safely when directed by police. This is regardless of whether you know your rights or not.
• You must provide your driver’s license, vehicle registration, and proof of insurance, upon request.
• If the police suspect you are driving with alcohol in your body, they can demand a roadside screening test to determine whether or not you are under the influence of drugs or alcohol. 
• They can demand a roadside test (provided they are in possession of a device) to check sobriety without speaking to a lawyer, and refusal can lead to other criminal charges. 
• If they have formed reasonable grounds to believe you’ve engaged in impaired driving, they can arrest you and take you for further testing. 

 

Examples When Police Can Search A Vehicle Without A Warrant

• Plain View Doctrine 

• Police do not need a warrant if they see illegal activity or weapons, alcohol, or drugs in plain view through the windows of the car
• A search can take place before arrest, in order to form grounds for arrest and seizure of the items

• Odour of Cannabis 

• If police smell an odour of cannabis, it grants them the right to search your vehicle, however, there are exceptions. If they find the relevant item, they can arrest you under drug charges.

• Liquor Licence Act

• Police are authorized under the Liquor Licence Act to search a vehicle for liquor if there is open liquor present.

• Consent

• If police ask to search your vehicle and you say yes, you have granted them consent to search, seize and potentially lay charges depending on what is found upon the search. 

• Arrested for a Criminal Offence

• If you are arrested by police, they are required to search you and the vehicle incident to an arrest. 

• Exigent Circumstances 

• If there are reports of a crime that has taken place and your vehicle fits the description, police are allowed to search the vehicle. 
• If police believe that waiting for a warrant can lead to the destruction of evidence in relation to a criminal offence, they can search the vehicle. 

 

What Must I Share With The Police?

The only information you must share with the police if pulled over is your identification, vehicle ownership and insurance. Failing to provide this information during the police pull over procedure can raise the officer’s suspicion and draw more attention to you. 

 

How To Conduct Yourself During A Police Pull Over Procedure

• Stay calm and cooperative. 
• Ask why you are being stopped if the reason is unclear.
• Do not consent to a search unless the police provide a warrant.
• Exercise your right to remain silent to avoid self-incrimination.
• Request a criminal lawyer Mississauga if you are arrested or detained, and ensure you understand your legal position. 

 

Frequently Asked Questions

Do I have to answer questions that the police ask?

You do not need to answer any questions. However, you should be respectful and polite. 

Do I have to share my identity with the police?

Yes. Lying or misleading the police on your identity (or another reason) can lead to a criminal charge of obstructing justice or obstructing the police

Do you have to give police your ID if you’re a passenger?

Passengers are not required to show their ID unless the officer has a valid reason.

Do I have to provide a sample of my breath?

Generally yes, as refusing may lead to being charged with refusing to provide a breath sample (refuse roadside).  

What if I have smoked cannabis in my car and the odour lingers, but I am not driving impaired?

If an officer smells the odour of cannabis, they are allowed to search the vehicle for cannabis and if found, could lead to a further investigation and potential criminal drug charges.

Do I have the right to a lawyer if I am detained?

You do not have an automatic right to a criminal lawyer Mississauga as you have not been charged with a criminal offence. However, if questioning during detention leads to an arrest, you have the right to speak to a lawyer. There are some exceptions to these circumstances. 

Can I leave if I am being detained?

You cannot leave while being detained as your movement is restricted by the police for investigation and/or questioning purposes. If you are unsure, you can ask the officer whether you are free to go. 

How can a lawyer help my case?

A lawyer can help identify whether your rights were violated during the arrest and/or detention process to determine if you have a valid defence. An experienced lawyer at Virk Barristers can guide you through this process. 

Know Your Rights: Summary

In summary, it is crucial to know your rights when pulled over to navigate police encounters in Canada. The Canadian Charter of Rights and Freedoms ensures that you are protected from unjust treatment, unreasonable searches, and unfair detention. If you are unsure about anything during a police pull over procedure, remember that you have the right to seek legal counsel and to protect yourself within the framework of the law.

Contact Virk Barristers for a full legal defence on your rights and lets us protect your case.

Author Profile

Suny Virk

Mr. Suny Virk is a reputable criminal defence lawyer in Mississauga focusing primarily on criminal law matters of clients. Mr. Virk has been awarded with the Certificate of Merit Award in Advocacy. Now, he wants to impart his knowledge and wisdom to other people who may be struggling with the Canadian legal system to serve his community.

Latest entries

• UncategorizedJanuary 24, 2025KNOW YOUR RIGHTS: 5 Things to Know When Getting Pulled Over by the Police
• UncategorizedJanuary 11, 2025Ignition Interlock Ontario Program Explained by an Impaired Driving Lawyer in Ontario
• UncategorizedDecember 17, 2024Aggravated Assault in Canada: Explained in Simple Terms
• UncategorizedJune 12, 2024How to Get a Peace Bond in Ontario