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When Can The Police Stop Me and Question Me?

Close up shiny wooden law gavel

It's no secret that people are becoming wary of their interactions with the police because of things that have happened in the news. The best way to remain confident when coming in contact with officers is to educate yourself about when they are legally able to stop you and question you. If you believe your rights have been infringed, the best thing you can do is contact our lawyers in Winnipeg. Lawyers who provide legal services can determine if the police questioning you was legal or illegal. Here are the answers you've been looking for when it comes to when the police can question me?

Voluntary Questioning


When it comes to this type of questioning, it's when a police officer stops someone and asks to see their id. When it comes to this encounter, it's classified as voluntary because the citizen has the right to refuse in most cases to offer information and can walk away if they choose to. If you've not gotten involved in a crime and there is no reason to be stopped, you don't have to answer any questions.

Arrested


If you're placed under arrest, it's under the assumption that a crime took place, and you're the person that committed the crime. Police officers can arrest you without a warrant as long as they had cause to do so. If they arrest you at your home and need to search the home, they may require a valid search warrant to enter the premises. After you've been arrested and taken for questioning, you have the right to decline to answer any questions without your lawyer present.

Investigative Questioning


During this type of questioning, you're not under arrest, but the police do have a reason to stop you and ask you questions. Police will conduct this type of investigation to determine if a crime was committed. During this stop, some police officers may pat you down as a part of the process if they fear their safety or the safety of the other officers on the scene. Police will move forward with questioning without probable cause, but you must know the differences between this and a voluntary stop. Some questions to ask yourself include:

  • Was I questioned in a private place?

  • Was I stopped from leaving the scene?

  • Were officers physically aggressive?

If the answers to these questions are yes, your lawyer might find a way to have any evidence or answers you gave during this time thrown out when you have your day in court because your rights weren't respected.

Police Questioning: Find Your Lawyers in Winnipeg


After you've found your lawyers in Winnipeg, the first thing they're going to do is sit you down and go over when a police officer can legally question you. If you've been arrested and illegal questioning took place, your lawyer will work to have any evidence during that time thrown out. If you've been searching for a lawyer to help fight your case, contact Saheel Zaman Law Corporation. We know the law in and out and know when our client's rights have been breached.

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