What to do When Being Searched

CITIZEN: What Should I Do If I Am Being Questioned, Searched And/Or Apprehended?

Clearly but in a respectful tone, ask the relevant officer any of the following:

“Why am I being questioned/searched/apprehended or arrested, Officer?”

If you feel your actions have been misunderstood, say:

“Officer, please let me explain…”

Even if you think you have been wrongfully detained and the police officer does not show you the respect that is due to you as a citizen, keep calm and continue to show restraint and self-control.

 

CITIZEN: What Are My Rights & Responsibilities When My Premises Are Being Searched?

You have the right to see and read the search warrant or written directive from the police officer requesting the search. Otherwise a search is illegal and must not be conducted unless you give permission. The police may only search your premises without a warrant while in pursuit of a felon or when the police have reason to believe that an offence is being committed on your premises, or is about to be committed.

A Force Order now requires a duplicate search warrant to be given to you before the search.

You must remain in the presence of the officers conducting the search at all times. After you have seen the search warrant, refusing entry may make you appear guilty when you have nothing to hide. The police may use force if, after they have shown a warrant, you refuse entry.

 

POLICE: What Are My Rights & Responsibilities When Searching A Citizen's Premises?

You must have a search warrant to conduct the search of the premises. You must indicate to the occupants of the premises before commencing the search that you have a search warrant.

A duplicate warrant must be given to the person whose premises you are searching. This should be done before the search.

You may search premises without a warrant or written directive if you have the permission of the occupants. You must ensure that the occupants are in your presence and observing you when you are conducting the search

You can use force only if after you have handed the occupant a copy of the warrant you are refused entry.