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2010-04-10

What to do if the police come knockin’

Movement Defence Committee: 416 833 6137

If the police question or search you:

- You do not have to identify yourself unless under you are under arrest (except when driving a motor vehicle) and you do not have to answer any questions

- Simply ask the police if they have a warrant; if they do not, tell them you are not going to talk to them. Remember anything you say to police can be used against you, even at a later date. As well, though they may present themselves as wanting to assist with demonstrations and organizing, they are also gathering intelligence to use against our movements. It is best to simply avoid talking to police.

- If they persist, call the legal number and tell the officer you are contacting a lawyer.

- Send an email to us (lawunionMDC@gmail.com) and include details, especially the time, date, location officer’s name or badge number and what they asked.

Pic: G7

Warrants:

- If the police have an arrest warrant, first ask who it is for; remember that police can enter a building to find that person if they have a good reason to believe that they are in the building. You should exit the building and ask to see the warrant before getting the person, or have the officer slip it under the door. Make sure it is signed by a judge or justice of the peace, it is dated correctly and it clearly sets out who it is for. It may be a good idea to have the wanted person present themselves if they are inside so the police do not enter the building.

- You do not have to allow police to search your belongings or your office/home unless they have a search warrant; if they insist on searching without a warrant, state loudly and repeatedly that you are not consenting to a search, but do not physically interfere.

- If they do have a search warrant, ask to see it (again, step out of the building, or have them slip it under the door). Make sure it has the correct address and date and is signed by a judge or justice of the peace. You have the right to get advice from a lawyer; say you want to speak to a lawyer and call the legal support number.

Arrest:

- If you are arrested, you only need to give your name, address and date of birth. Be very careful about what you say to officers, or even to others in custody; this information can be used against you. It is best not to talk about the circumstances of your arrest at all.

- If you are arrested, you have a right to speak with a lawyer before answering any questions. Insist on this, and call the legal support number, we will do our best to get you legal advice and free representation at your bail hearing.

If your friends are arrested call the legal office with their names and surety contacts.

If you need an update or want to help with court support, contact us at lawunionMDC@gmail.com or 416-833-6137. Our website is http://movementdefence.org

Source: email