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What To Expect When Stopped By Police
It is the policy of the Toronto Police Service that its members shall
not discriminate, or attempt to persuade others to discriminate,
against any person because of race, ancestry, place of origin, colour,
ethnic origin, citizenship, creed, sex, sexual orientation, record
of offences, age, marital status, family status, handicap or political
or religious affiliation.
This
Web page is designed to provide information about the rights and
responsibilities of both community members and the police. It will
also provide some information as to why police make stops and what
you can expect if you are stopped by police.
This
document is not written to provide legal advice. If you have specific
legal questions, you should refer to the appropriate legislation
and/or seek counsel.
Police
Officers may stop people who are driving when they observe an offence
against the Criminal Code of Canada, provincial Highway Traffic
Act, municipal by-laws or any other laws, or if the person or vehicle
matches the description of someone in an investigation. Officers
may stop people who are driving to ensure compliance with traffic
laws and safety standards such as sobriety, possessing a valid drivers
licence and insurance, and the mechanical fitness of the vehicle.
Officers
may stop pedestrians on the street if they observe an offence, if
they are investigating a complaint, or if they believe the person
has committed or is about to commit a crime. These interactions
usually involve the officer asking for your name, address and identification,
and other questions that are appropriate to their investigation.
Officers
also routinely walk in their patrol areas and speak to people on
the street. These contacts are not considered stops, and the goal
is for the officers and the community to become more familiar with
one another.
What
To Expect When Stopped
Each
situation is unique and the police officer will alter his or her
approach to fit the circumstances. At all times, police officers
must work within the Code of Conduct under the regulations of the
Police Services Act, the Ontario Human Rights Code, the Rules and
Procedures of the Toronto Police Service, and other legislation.
A
Toronto Police Officer:
- will
provide his or her name and badge number upon request.
- who
is not in uniform will present proper identification; you may
ask to examine the badge and photo identification so that you
are satisfied the person is a police officer.
- will
tell you why you are being stopped.
- will
only use the force allowed by law (for example, to stop an offence,
effect the arrest of a suspect or maintain custody of a prisoner).
- will
generally arrest a person for a crime committed in the officer's
presence, or when the officer has reasonable grounds to believe
the person has already committed or is about to commit a crime.
Traffic
Stops
Common
Reasons To Be Stopped
Traffic
safety for motorists, pedestrians, and cyclists remains one of
the largest public safety concerns in Toronto, so traffic education
and enforcement are important roles for police officers.
While drivers may be stopped to ensure they have a valid drivers
licence, permit, and insurance and that they are not impaired
by alcohol and/or drugs, the most likely reason why people are
stopped while driving is for committing an offence against the
Ontario Highway Traffic Act. Officers have discretion in issuing
tickets.
Offences
Fall Into Two Categories:
- Moving
Violations: Include improper lane changes, failure to stop
at a red light or stop sign, driving in excess of the posted
speed limit, etc.
- Non-Moving
Violations: Include occupants not wearing seat belts, children
not restrained properly, a tail light or brake light not working
correctly, or failure to possess a licence, registration, or
insurance.
-
Other
Reasons Individuals May Be Stopped While Driving
- Criminal
driving infractions, especially impaired driving but also dangerous
driving, driving while disqualified and others.
- Criminal
investigations often involve officers looking for a suspect,
a witness, or a suspect vehicle. You or your vehicle and/or
its occupants may match the description the officer is looking
for.
- Courtesy
or safety concerns, such as when your trunk is open, something
is hanging from your vehicle, or something is on top of your
vehicle, may also lead to stops.
- The
R.I.D.E. (Reduce Impaired Driving Everywhere) Program.
- A
warrant exists for the arrest of an occupant of the vehicle.
Things
To Do When Stopped
Officers
are trained to place a great deal of emphasis on their safety
and yours so they can do the job of protecting the public and
ensuring public safety. Many of these guidelines conform to
safety procedures, based on long experience, that officers are
trained to follow.
- When
you see the red lights and/or hear the siren, remain calm and
safely pull over to the right side of the road (or nearest edge
of the roadway on one way streets).
- Remain
seated in your vehicle unless the officer advises otherwise.
It may take the officer some time to approach your vehicle for
safety reasons.
- Ontario
law requires drivers to produce their licence, vehicle registration,
and insurance card upon demand of a police officer. If your
documents are out of reach, tell the officer where they are
before you reach for them.
- It
is imperative that you identify yourself correctly.
- If
the stop occurs during darkness, turn on your dome or interior
lights so the officer can easily see the interior of your car.
- If
there are passengers in your vehicle, encourage them to stay
seated in the vehicle, remain quiet and cooperate with instructions.
- The
officer may issue you a ticket. If you feel the reason is vague
or unclear, ask the officer for details.
- Avoid
getting in an argument. If you wish to contest the ticket, you
will have an opportunity to address the matter in court.
- If
you receive a ticket, accept it calmly. Accepting the ticket
is not an admission of guilt.
- If
stopped at a Spot Check (RIDE), lower your window and answer
the officers questions.
If
you do not agree with the reason for the ticket, you have the
right to contest it by going to Provincial Court.
If
you do not agree with the officer's conduct or actions during
the stop, keep track of all pertinent information, including
the officer's name and badge number. You have the right to complain
at any police station of this Service, to the
Professional Standards Investigative Unit, or the
Ontario Civilian Commission on
Police Services. Officers are unable to handle your complaint
on the scene.
As
The Driver, You Are Responsible For:
- The
safe operation of the vehicle you are driving and the condition
of the vehicle.
- Ensuring
that all passengers under the age of 16 years are wearing their
seatbelts or in a proper car seat, and that the children are
properly secured. Children are not to ride on another persons
lap. All passengers 16 years and over are responsible for their
own seatbelts. Failure to wear one could result in a ticket.
- It
is the driver's responsibility to ensure that the vehicle being
driven is insured and that the required documents are in the
vehicle.
- It
is the owner's responsibility to ensure that the person driving
the vehicle possesses a valid driver's licence. The Ministry
of Transportation has provided vehicle owners two ways to confirm
a persons driver licence status. There is a fee for using
either service.
Person
Stops
Common
Reasons To Be Stopped
A
person might be stopped if a police officer has reason to believe
the person:
- Has
committed a crime.
- Is
about to commit a crime.
- Has
evidence of a crime.
Children
can also be stopped and apprehended for curfew violations if
they are not accompanied by their parent or a by a specified
person 18 years of age or older authorized by the parent.
- It
is unlawful for children under or apparently under age 16 to
be present (and unaccompanied as noted above) in any public
place or a place of public entertainment in Ontario between
the hours of midnight and 6:00 a.m.
As
in traffic stops, other reasons to be stopped include officers
enforcing laws, looking for information in an investigation,
or safety concerns.
Things
To Do When Stopped
Again,
officers are trained to place a great deal of emphasis on their
safety and yours so they can do the job of safeguarding the
public. Many of these guidelines conform to safety procedures,
based on long experience, that officers are trained to follow.
- Keep
your hands where the officer can see them. Don't put your hands
in your pocket or clothing.
- Stay
put and stay calm. Don't walk or run from police. Don't touch
any police officer.
- Cooperate
with the officer. Don't get into an argument.
As
with traffic stops, if you do not agree with the officer's conduct
or actions, keep track of all pertinent information, including
the officer's name and badge number. You have the right to complain
at any police station of this Service, to the
Professional Standards Investigative Unit, or the
Ontario Civilian Commission on
Police Services. Officers are unable to handle your complaint
on the scene.
Police
At Your Home
The
police can enter a residence if:
- They
have the consent of a resident, or
- They
have an arrest or search warrant, or
- There
are exigent circumstances, such as if they are in fresh pursuit
of a suspect who just entered a residence, or there are circumstances
where officers believe there is a threat to the safety of any
person or loss of evidence would result if they waited for a
warrant, or
- They
are performing public safety functions, such as answering a
9-1-1 call, rendering first aid, preventing serious harm to
a person or property, or locating a person in need of protection.
If
You Are Arrested
If
you are arrested, the following will happen to you (young persons
and adults):
- The
officers will identify themselves as police officers.
- You
will be told that you are under arrest.
- You
will be told the reason for the arrest.
- The
officer will take physical control of you. This may be as simple
as placing a hand on your shoulder.
- The
officer will inform you that:
- You
have the right to retain and instruct counsel without delay.
- You
have the right to telephone any lawyer you wish.
- You
have the right to free advice from a Legal Aid lawyer.
- If
you are charged with an offence you may apply to the Ontario
Legal Aid Plan for legal assistance.
- You
will be asked if you understand your rights.
- You
will be asked if you wish to call a lawyer.
- You
will be searched and should expect to be handcuffed to the rear,
for public and officer safety, before being placed in a police
vehicle.
- You
may be subject to a further search.
- You
may be released or taken to a police station, depending on the
circumstances.
- If
you are taken to the police station, you will talk to the Officer
in Charge of the station; who will ask you a series of questions.
You may also ask questions of the Officer in Charge.
- At
the station, you may be placed in an interview room or a holding
cell.
- You
may be released by the Officer in Charge, or held to appear
before a Justice of the Peace.
- If
you are released by the Officer in Charge, the release may be
with or without conditions.
- If
you are charged with an offence, you may wish to talk with a
lawyer. You may apply to the Ontario Legal Aid Plan for legal
assistance.
Duties
of Police Officers
- Protecting
life and preventing injury
- Protecting
property
- Preserving
the peace
- Preventing
crimes and other offences and providing assistance and encouragement
to other persons in their prevention
- Assisting
victims of crime
- Apprehending
criminals and other offenders and others who may lawfully be
taken into custody
- Laying
charges and participating in prosecutions
- Executing
warrants that are to be executed by police officers and performing
related duties
- Performing
the lawful duties that the chief of police assigns
- Enforcing
municipal by-laws
- Completing
prescribed training
Police
have the legislated authority to arrest persons, to search and to
seize property, and they may use reasonable force in the execution
of their duties.
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