Sentences with phrase «if police»

Imposing reasonableness as a constraint would not be necessary if police officers were obligated to allow the accused to immediately contact counsel.

Even if police officers have fulfilled their constitutional obligations, an accused may still make self - incriminating statements before reaching the police detachment.

In addition, there was «a real risk, not only of damage to property, but also of serious injury and even death if the police did not effectively control the crowd, and those at risk included members of the public, demonstrators and police officers».

If the police did not actually have probable cause for arresting or charging you, then you might have a case, perhaps for false arrest or malicious prosecution.

Generally, if the police want to search someone's home, they normally have to obtain a warrant.

If the police want to obtain consent to perform a search of a property, who do they have to obtain it from?

If the police can not do this, then evidence obtained from the detention must be excluded, making a conviction for the offense less likely.

What are your rights if the police arrest you?

However, even if you have a lower blood alcohol level, you can still be charged with impaired driving if the police officer believes that your ability to drive the motor vehicle was impaired by alcohol.

If the police violated those rights, the court can exclude the evidence resulting in the charges being dismissed.

If the police fail to properly advise a person of these rights, or they otherwise ignore it when a person invokes these rights, evidence obtained from the statements must be excluded.

If a police officer is not present, the other people may try to lie and put the blame on you even if it wasn't your fault.

(15) If the police officer who is the subject of the hearing is charged with an offence under a law of Canada or of a province or territory in connection with the conduct that was the subject of the complaint, the hearing shall continue unless the Crown Attorney advises the chief of police or board, as the case may be, that it should be stayed until the conclusion of the proceedings dealing with the offence.

If the police did not follow those rules, the results can be excluded resulting in the charges being dismissed.

The same holds true if a police officer loses his observation before the period has expired — the period must start all over.

If the police can't find the person who hit you, you are going to need an experienced hit and run attorney to fight for your recovery.

If a police officer has reasonable grounds to suspect that a person has alcohol or drugs in their body and has operated a motor vehicle within the preceding three hours, the officer may demand physical coordination tests or a breath sample.

Additionally, if the police seek to draw your blood or ask for urine and do not obtain a warrant, you may have defenses to the refusal charge.

If the police station you were tested at did not have a DRE on staff when you were there, the evidence will be inadmissible in all likelihood.

If the police fail to comply with technical requirements stipulated in the Criminal Code in relation to the breath demand they made of you, the period of time within which it was made or an approved instrument was not used by someone qualified to operate the instrument, your test results may be deemed inadmissible in court.

If the police are investigating whether an offence of driving with excess alcohol or being drunk in charge has been committed there is a legal requirement for you to provide a specimen for analysis, even if you dispute being the driver.

If police decide to bring the accused before a Justice pursuant to s. 503, there will be a presumption against bail (i.e. a reverse onus) if the offence, prosecuted by indictment, was committed:

As a result of an investigation if a police officer has reasonable grounds to believe that a crime has been committed they have -LSB-...]

If the police have discovered evidence in violation of your Constitutional rights the prosecution should not be entitled to benefit.

If the police violated your rights, arrested you illegally, or messed up the investigation chances are that we will recognize it right away and know just what to do in order to defend you on the charges.

In addition, it will help your cause if police issue a ticket to the driver for any type of unlawful behavior.

«If the police are running amok and if the laws are unjust, then they must be reformed and rebuilt,» these lawyers might say.

If a police report regarding an accident indicates that a traffic violation occurred, this is often helpful evidence in showing that the driver acted negligently.

Many local and state governments have anti-loitering laws that require people to account for their presence if the police have a reasonable suspicion that they are loitering.

• Take photos of the accident scene even if the police do too.

«If the police are entitled to climb through windows to gain entry to multi-unit residential buildings and, once inside, enter common areas such as storage rooms, hide in stairwells, and conduct surveillance operations for as long as they want on those who live there — all without a warrant — on the basis that those who live in these buildings have no reasonable expectation of privacy in the common areas, then the concept of a reasonable expectation of privacy means little.»

«As a result of these two premises, the Liberal government appears to have proposed to amend the Criminal Code to allow police to take «oral fluid samples» if the police have reasonable grounds to suspect that the driver is impaired by marijuana,» he writes.

If the police do not follow these rules, then see our pamphlet on «How to Initiate a Public Complaint Against the Edmonton Police Service.»

In other words, even if the police have breached an individual's right to counsel, the evidence that was acquired may be used by a court in determining guilt or innocence.

If the police contact you concerning a Penal Code section 422 investigation, just say no and exercise your constitutional right to remain silent.

If the police detain or arrest you, then you have a right to be told the reason why.

This could also work to your advantage if the police report clearly places fault on the other driver.

If police stop you for riding without a suitable motorcycle helmet, you may face a penalty.

If the police do not respond to the accident, a report can be filed at the police station after the accident.

In BC, if police demand a breath sample on suspicion of drug or alcohol impairment and you blow a «warn» or «fail,» you have a right to provide another breath sample, into a different breathalyzer.

If the police have a reason to believe that you may be intoxicated they may arrest and charge you with a DUI, even though your BAC may be less than the legal limit.

If police are able to produce a warrant to search your home, then ask to see the warrant and allow them to search, but make a record of what occurs (in your cell phone for example) and contact a criminal lawyer as soon as possible.

The state can only force someone to submit to breath testing (i.e., a bodily search) if the police are acting in accordance with the law.

If the police take you to the station for a full evidentiary breath test or the booking center or hospital for a blood test, you have the right to to request an independent blood test.

If the police have decided not to hold you for a bail hearing you will be released and likely be given two separate appearance dates by them.

If the police decide that giving you an informal warning, a more formal caution, or referring you to a community program will be enough to hold you accountable for your actions they are encouraged to use these measures rather than lay criminal charges.

If the police contact you, politely decline to make any statements unless your lawyer advises you otherwise.

For example, we carefully review police reports to determine if police officers properly obtained search warrants.

If the police delayed the testing without a good reason, or the police can not recall the reasons for the delay, then the presumptions do not apply.

If a patient makes a threat of filing a complaint for sexual misconduct, a patient's lawyer reaches out with «questions», a journalist makes an inquiry, or if the police «just want to talk» you should say nothing and immediately speak to a lawyer with specific experience in defending physicians against claims of medical sexual misconduct.