What Should I Do if a Police Officer Wants to Speak with Me?
If a Police officer approaches you, it’s important to handle the situation calmly and politely.
Here are some steps to follow:
- Ask for Details: Politely ask the officer for more information about why they want to speak with you. Determine if you are being asked to make a statement or participate in an interview.
- Understand the Request: Statements usually involve providing basic information if you have witnessed a crime or traffic accident. Interviews are more serious and may involve questions about your participation in a crime.
Do’s and Don’ts
DO:
- Remain calm and polite.
- Ask for information about the reason for the interaction.
- Provide your identifying information.
- Contact a legal representative.
DO NOT:
- Use obscene or abusive language.
- Become physically combative.
- Make statements you might later regret.
- Implicate yourself.
- Give information or answer questions without your lawyer present.
What’s the Purpose of a Video Recorded Interview?
A video recording of your interview can help the Police identify inconsistencies in your account and assess your emotional and mental state. It also prevents you from changing your statements later.
How Do Police Interviews Take Place?
Police interviews can be informal or formal:
- Informal Interviews: These may occur at the scene, with the officer jotting down information in a notebook and asking for your signature. Keep in mind that many officers now wear body cameras, which can record both audio and video during their response to a Police call out. These recordings may later be used as evidence.
- Formal Interviews: These take place in an interview room at the Police station and are usually recorded. The officer will ask questions to gather information that could lead to a conviction. It’s advisable to have a lawyer present during these interviews, or to provide a no-comment interview, essentially exercising your right to silence.
What Happens During the Police Interview?
During the interview, the Police will ask you questions about the event. After you provide your version of events, they may present a different version and ask for your comments. This can be frustrating, and people often say things they regret. We strongly recommend you speak with a lawyer, prior to participating in a Police interview.
Do I Need a Lawyer Present at the Interview?
While you are not obligated to have a lawyer with you during the interview, it is strongly advised. A lawyer can provide valuable advice and help you navigate the interview process, ensuring your rights are protected.
What are My Rights During a Police Interview?
You have several rights during a Police interview, including:
- The right to refuse an interview.
- The right to refuse to answer questions.
- The right to information about the crime being discussed.
- The right to contact your lawyer.
- The right to have your legal counsel present during the interview.
What Other Powers Do Police Have?
The Police have various powers, including:
- Arresting and detaining people.
- Conducting searches.
- Gathering information such as pictures and fingerprints.
- Issuing temporary restraining orders in cases of family violence.
- Issuing a “move on” notice, requiring you to leave a public place for up to 24 hours.
- Seizing items.
Police can arrest you based on an arrest warrant or if they believe you are involved in an offence that disturbs the peace or poses a threat to yourself or others. They also have additional powers in specific situations, such as requiring a breath sample during a traffic violation.
How Do I Use My Right to Silence?
If the Police want to interview you, you have the right to decline. Simply state that you do not wish to be interviewed. This approach is less confrontational than repeatedly saying “no comment” or “no.”
Remember, the purpose of the interview is to gather evidence for prosecution. Providing any information, even if it seems unrelated, can potentially implicate you.
Final Thoughts
Being stopped and questioned by the Police can be unnerving. If you are detained by the Police, it’s crucial to understand proper Police procedures and your rights. Your best option is to say as little as possible and request to speak to your legal counsel. If you find yourself in this situation, remember that help is just a phone call away. The legal experts at My Legal Crunch have over 20 years of experience handling difficult situations. Contact us if you need assistance.
