If the police want to search you, your car or home:
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ask what offence they are investigating
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ask to see a search warrant
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always ensure that you are present when they conduct the search
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the police may only search you if they suspect you have evidence in relation to a crime or if you are under arrest
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the police must give you a receipt for any seized goods, as soon as possible after seizure compare the receipt with the goods taken
If the police want to arrest you:
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ask what you are being arrested for
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do not struggle or argue with the police
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make a note of the numbers of the police if they are violent or behave improperly with you
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remember that everything you say to the police will be recorded by them at some stage and may be used against you even if the police do not tell you that they are going to do so. There is no such thing as an 'off the record' conversation
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if you are not under arrest do not agree to go with the police anywhere unless you want to
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if the police say you are not under arrest you are free to leave
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always ask the police why they are doing anything, politely
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always try to get legal advice before speaking to police - there are very few questions that you have to answer; you do not have to answer questions in most circumstances, apart from giving a name and address and details of owners or drivers of motor vehicles
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the police can only obtain your fingerprints or take your photograph with your consent unless you are arrested
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make a note yourself of what occurred as soon as possible
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don’t sign anything at the request of police unless you have read it through and signed it.
If a civilian (such as a store detective) wants to arrest you:
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he or she can only do so if you were observed committing a crime by the person arresting you
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that person can only take you to a police station (although it would be considered reasonable to wait for the police to attend)
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that person has no right to ask you any questions and you are not obliged to answer any
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that person has no right to search you or your belongings, they must wait until the police arrive.
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YOUR RIGHTS : Last Revised: Wed Jun 16th 2004 |
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