Guidelines

Do I have to give police my phone number?

Do I have to give police my phone number?

You DO NOT have to give your name and address unless the officer points out an offence he / she suspects you have committed. However, not providing your details may lead to you being detained for longer.

Can police unlock your phone?

In some cases, authorities may be able to require you to unlock your phone if you use thumbprint or facial recognition technology. This is because, although case law is still murky on this, disclosing a password or passcode requires disclosing information that only you know and could possibly incriminate you.

What is the legal consequence if the person refuses to be fingerprint?

If you refuse to give your fingerprints (and the police have “reasonable suspicion”), they have the power to take fingerprints without consent, or to arrest you for the offence you are suspected of, and take you to the police station.

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Can police read your texts without you knowing?

Authorities can get access to unopened email messages from the last 180 days, but they must get a warrant, first. The police may obtain your opened and unopened messages that are 180 days old or older with a subpoena. But they have to let you know once they’ve requested this access from the provider.

How do police recover deleted texts?

Deleted text messages are usually retrievable from a phone, but before beginning the process, law enforcement officers would need to obtain a court order. Once obtained, officers can use mobile device forensic tools (MDFTs) to extract any data from a device, including emails, texts, images and location data.

What happens when you get arrested by the police?

After arrest, the police will take you into custody. This means the police officer will take you to a police station, custody centre or the police cells at court. You may have to travel in a police vehicle to get there. The police officer may handcuff you.

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Can a police officer use reasonable force to arrest you?

The police officer can use reasonable force to arrest you if you refuse to accept your arrest. Reasonable force means using enough physical force to arrest you, and no more. The police officer can only do this if they had the right to arrest you in the first place.

Can you leave the police station if you are under arrest?

You are not free to leave. The police officer must tell you that you are under arrest. They do not have to do this if it is too hard for them to tell you, for example, you are running away from them. You must go with the police officer if you are under arrest or apprehended.

What happens if you are held in a police cell?

The police will take your things (personal property) if the police are holding you in a police cell. They must list all property on a ‘property sheet’. They will then ask you to sign the sheet to agree with them about what property has been taken.