Policing all over the world is under the spotlight following the death of George Floyd in the US. Changes to the way people and law enforcement interact might be on the horizon, but until then you should know what to do when you are pulled over or stopped by a police officer.
We put together this guide to explain step by step what to do when you are pulled over. Follow these simple steps to avoid unintentionally incriminating yourself and end the interaction safely.
Getting pulled over
Assuming you are behind the wheel, if you are signalled by an officer to pull over you must do so as soon as it is safe. Remain in your vehicle, even if they take a while to approach your vehicle. When the officer approaches, keep your hands on the steering wheel.
If you are stopped by a police officer in the street, you should also comply immediately before asking the following question.
Step One: Ask if you are free to go
If you are stopped by an officer, the quickest way to get back on your way is to ask them whether or not you are free to go. In Canada, your rights are guaranteed by the Charter of Rights and Freedoms. The Charter protects you from unreasonable police actions such as illegal searches, unreasonable detention and unfair intrusion into your privacy.
Police can only stop you if they have witnessed you commit a crime or they have grounds to suspect you have committed a crime. Unless they have a good reason to stop you, you have the right to leave.
If Yes
If the police officer replies that you are free to go, you may leave promptly and safely. It is in your interests to leave without saying another word. Do not antagonise the officer and certainly do not speed away. Don’t give them an excuse to pull you over again.
If No
If a police officer says that you are not free to go, that means you are being detained because they suspect you of committing a crime. If possible, start recording your interaction with the police officer. If you need a lawyer at a later stage, they will thank you for doing so.
The police officer must state under what grounds they are detaining you. If they suspect you of a crime, ask to speak to your lawyer immediately.
In these kinds of situations, the police officer is likely to ask you all kinds of questions. For example, the classic: “do you know why I pulled you over?” Make no mistake, they are trying to incriminate you. If you openly admit to a crime, you will not have much of a defence if required later in court.
Trust us, the less you say the better. You are only required to give three details if you are pulled over or stopped by a police officer:
- Your name
- Your address
- Your driver’s licence/ID
That’s it. Don’t say another word. You are required to identify yourself but beyond that you are not committing any crime if you decline to answer an officer’s questions. If you feel like you have to say something, say: “I respectfully decline to answer your question.”
What about roadblocks?
In 2018, changes to the Criminal Code were introduced that made it legal for police officers to stop drivers without a reason. I know what you’re thinking, isn’t that unconstitutional? There are plenty of people who would think so, but for now at least it’s the law.
So if you are wondering what to do when you are pulled over by a police officer at a sobriety roadblock here in BC, you must comply with the request or you could be found to commit the offence of refusal.