Arrest Pocketbook - No One Is Illegal – Vancouver

901 S. Kansas AvenueTopeka, KS 66612Tracy Streeter, DirectorPhone: (785)-296-3185Fax: (785)-296-0878www.kwo.orgSam Brownback, GovernorFOR IMMEDIATE RELEASE:February 19, 2013Contact: Katie Patterson-Ingels, 785-296-2185katie.ingels@kwo.ks.govwww.kwo.orgCedar Bluff Reservoir Request ApprovedRelease from Artificial Recharge Pool to Begin February 25On December 13, 2012, the Kansas Water Office (KWO) received a written request from the City of Hays toconsider a release from the Artificial Recharge Pool (ARP) contained within Cedar Bluff Reservoir in TregoCounty. After much evaluation of the conditions and possible effects of the release, Kansas Water OfficeDirector, Tracy Streeter, has determined a release be made commencing February 25, 2013.“A recent tour was conducted to evaluate the conditions and discuss the possible effects of a release from theARP,” said Tracy Streeter, Kansas Water Office director. “In an effort to balance the downstream needs withthose benefits derived by maintaining as much water in the reservoir as possible, I believe the release of theARP as provided for in the operations agreement provides the best alternative possible.”The ARP was created through the change to existing water rights in Cedar Bluff Reservoir in 1992 followingthe purchase of the Cedar Bluff Irrigation District storage right by the State of Kansas. In 2004, in an effort todetermine when and under what conditions the ARP would be utilized, an operations agreement between KWO,Kansas Department of Agriculture-Division of Water Resources (KDA-DWR), City of Russell and City ofHays was developed to identify triggers within the Smoky Hill River and its alluvium to warrant considerationof a release from the ARP. The triggers contained in the agreement have been met for nearly two years due tothe current severe drought Kansas is experiencing.The last release from the ARP was made the summer of 2006. “This requested amount is approximately thesame as the amount released from the ARP in 2006,” said Streeter. “There was consensus among those on therecent tour who witnessed the 2006 release, current over all river conditions are drier than when the previousrelease was made.”The ARP release will provide recharge to the alluvium and stream below Cedar Bluff, benefit water rights inthat reach of the river and allow for any subsequent runoff from future rainfall events to extend furtherdownstream.KWO and KDA-DWR staff will monitor the release and make changes as necessary to the release schedule asconditions warrant.# # #As the state’s water office, KWO conducts water planning, policy coordination and water marketing as well as facilitatespublic input throughout the state.

© B.C. Civil Liberties Association, 2003Important Notice and QualificationNo commercial reproduction. For educational orother purposes, give attribution to the B.C. CivilLiberties Association. This pocketbook is availablein Arabic, Vietnamese and Spanish.The Law Foundation of British Columbia providedfinancial support for this project.www.lawfoundationbc.orgThe BCCLA wishes to thank the many people whoassisted in the creation of the Arrest Pocketbookand Arrest Handbook. For a listing of theseindividuals, please refer to the full Handbook.This pocketbook has been prepared and publishedfor information and educational purposes only.It is not legal advice and it is not intended that thispocketbook should in any way replace legal advicefrom a qualified lawyer. Individuals with specificlegal problems should seek legal advice from aqualified lawyer. See the list of contact numbersat the back of this pocketbook to locate a lawyernear you.B.C. Civil Liberties Association425 – 815 W. Hastings St.Vancouver, B.C. V6C 1B4(604) 687-2919www.bccla.orginfo@bccla.org2 3

IntroductionThe Police and ArrestThe B.C. Civil Liberties Association (BCCLA) is theoldest and most active civil liberties group inCanada. With the support of the Law Foundationof B.C., we have published this pocketbook to helpyou understand your rights and responsibilitieswhen you are dealing with the police.The police are responsible for enforcing the law.While they are deserving of respect and assistance,they must also respect your legal rights. Thispocketbook has important information about howyou can expect the police to act, and how you canrespond if you feel the police do not act properly.If you need specific legal advice, talk to alawyer. This book is a pocket-sized, shorter versionof the full-length BCCLA Arrest Handbook.There are three reasons why a police officer wouldstop someone walking down the street. You havedifferent rights in each situation.Reason #1 – The Police areJust Making ConversationPolice officers can use polite conversation to find areason to hold you or arrest you. They could beinvestigating an incident you saw or know about.They might also simply be friendly. If you don’t likethe questions the police areasking, ask: “Am I free togo?” If the answer isyes, you can leave. Ifthe answer is no, youare being detained(see Reason #2).4 5

Reason #2 – The Police areInvestigating You (Detention)If you ask if you are free to go and the policeofficer says no, you have the right to be told whyyou are being detained. Remember the reason thepolice officer gives you, if he gives you one. Get thebadge number or name of the police officer so thatyou will have it if you want to make a complaint.If you are being detained but you are not underarrest, you aren’t driving, and you haven’t brokenany laws, you don’t even have to give the policeofficer your name. If you don’twant to talk, say: “I wantto remain silent.” Youmay want to tell thepolice your name andaddress to show youare cooperative.Being DetainedIf you have not been arrested, but you are beingheld against your will, remember to:• Ask why you are being held.• Get the badge number or name of the policeofficer.• Stay silent and tell the police you are stayingsilent (if you feel safe doing so). You may, if youhave not committed any crime, wish to explainwhat you were doing that made the policesuspicious. Sometimes an explanation can enda police interaction more quickly.• Tell the police if you have needles with youbefore they search you. They’ll probably find theneedles anyway, and you don’t want toaccidentally hurt a police officer.6 7

Reasons for ArrestTypes of OffencesThe law says the police must have a reason forarresting you. You can only be arrested by thepolice if:• A police officer sees you committing a criminaloffence.• A police officer has reasonable grounds tobelieve you have committed or are about tocommit an indictable or hybrid offence (p. 11).• You have broken any law (including provinciallaws or city bylaws) and you won’t tell policewho you are and where you live.• There is a warrant for your arrest (p. 12).• A police officer has a reason to think you havea mental disorder and are dangerous (p. 10).• You have breached the peace or are about tobreach the peace (p. 13).• You are drunk or high in public (p. 13).• A police officer has a reason to think you are aterrorist about to commit a terrorist act.There are three types of offences:• Summary Offences = The least serious offences.They generally have lower penalties.• Hybrid Offences = Where theCrown counsel can choosewhether the offence is asummary or indictable offencedepending on the situation.• Indictable Offences = The most seriousoffences. They have much higher penalties.For hybrid and summary offences, a policeofficer must release you immediately after arrestwith an appearance notice (see page 6) unless she:(a) can’t identify you; (b) needs to preserve theevidence of your crime; (c) needs to stop you fromcommitting the crime or repeating it; or (d) hasreasonable grounds to believe you won’t come tocourt.10 11

Arrest WarrantsBreach of the PeaceA warrant is a piece of paper that a judge uses toallow the police to do something. Arrest warrantsorder the police to arrest a specific person. If thepolice have a warrant for your arrest, ask to see it.You have the right to see the warrant as soon aspossible. When you read the warrant, make surethe warrant is actually for you.The police can arrest you for breaching the peace.Breaching the peace means you are causing adisturbance that involves some potential forviolence. There is no specific offence of breachingthe peace. This means that police must release youafter they arrest you unless they are going tocharge you for breaking another law.The Mental Health ActPublic IntoxicationUnder the Mental Health Act, police officers canuse force to take you to a hospital for an exam by adoctor if they think that you are acting in a waythat is dangerous to yourself or other people, andyou seem to have a mental disorder that needstreatment. You can request a review of yourdetention. Ask staff members at the hospital for thereview panel request form. You can also contact theMental Health Law Program for legal informationand advice.Public areas are areas where anyone can go. Theyinclude parks, beaches and streets, as well as privateplaces where the public are welcome, such as bars,restaurants and malls. If you are in a public area andyou are intoxicated, the police can arrest you.Intoxicated means that you are so drunk or highthat you are unable to care for yourself, a danger toyourself or others, or you are causing a disturbance.You must be released when you are sober.12 13

Identifying Yourself to PolicePersonal SearchesYou only have to give police your name and address if:• You are under arrest.• You are driving a car. Passengers in the car do nothave to give the police their names or addresses.• You have allegedly broken a law (including acriminal law, a provincial law or a city bylaw).What to say to police• Do you want to leave? Ask: “Am I free to go?”If yes, then go.• If you are not free to go, ask: “Am I underarrest?” If yes, ask why.• If you are under arrest, say: “I want to remainsilent. I want to speak to a lawyer.” Give yourname and address if the police ask. Get the policeofficer’s badge number.• If you are not under arrest, but you can’t leave,ask why. Get the police officer’s badge number.Most searches happen because people tell the policeit is okay to search them. You have the right to sayno and the police can’t legally threaten you or forceyou. If you don’t give permission, the onlytimes the police can search you oryour things are when:• The police have a reasonablebelief (a good reason tobelieve) that you are carryingdrugs, a weapon or open alcohol.• The police have detained you(see page 6) to ask you questions. If you aredetained, they may only do a frisk or pat-downsearch for weapons you could use to hurt themor yourself. They may also look in your bags. Theycannot search for needle marks or drugs.• The police have arrested you. If you are arrested,the police can do a full search of your body (not astrip search – unless they have a good reason)and personal possessions.14 15

Vehicle SearchesSeizing PropertyYou have different rights when you are driving thanwhen you are walking. When you are driving, policecan stop you for many reasons, including to checkwhether you are impaired. When you are walking,they need a reason they can explain and justifybefore they can stop you. Just because the policestop your car does not mean they can search you orthe car. The police can only search your car if:1. You give them permission. You do not have togive police permission.2. You have committed a criminal offence, likedrunk or dangerous driving.3. You are arrested.4. They see something sitting in your car in plainview or smell something that raises suspicionand gives them reasonable grounds for thesearch.If the police “seize” your property, it means theyhave taken your property. The police can only takeyour property if it is somehow connected to a crime.If you have paid for your property with moneyyou got from crime, or you have used it when youwere committing a crime, or owning the propertyitself is a crime, the police can take it.They can also take property thatmight give them evidence. Policecan seize alcohol from you if youare drinking in public, and youare not in a licensed bar orrestaurant. Police may also seizeunopened alcohol if it is going to be used for anunlawful purpose.The court should order your lawfully ownedproperty returned once it is no longer valuable asevidence. Your illegally owned property may bedestroyed, and will not be returned to you, even ifcharges are not pursued.16 17

Citizen Arrests and Security GuardsPolice AccountabilityThe general public can make arrests in some situations.They don’t have the same arrest powers as police.The police don’t have to see you break the law toarrest you. Members of the general public can onlyarrest you if they actually see you commit an indictableor hybrid offence or if they see you running away fromthe police. People who own property can arrest you ifthey see you doing something wrong related to theirproperty. They can’t arrest you for being intoxicated in apublic place, or for breach of the peace.Although they may look like police, security guardsonly have the same rights as regular people, listedabove. They can remove you from property they areprotecting, just like the person who owns the propertycan remove you. They can only search you if you givepermission.Citizens and security guards must hand you over tothe police as soon as possible after they have arrestedyou. You are under no obligation to talk to these people.The police must obey the law. If they act improperly,you can sue them in a civil lawsuit, and you can filea complaint that may result in criminal chargesagainst the police officer. Civil lawsuits are expensive,and you will probably need a lawyer. Filingcomplaints is free.For more information on how to file a policecomplaint, contact the BCCLA at (604) 687-2919and ask for a police complaint brochure. There maybe time limits to making a police complaint. Contactthe BCCLA or the agencies below for more informationabout the complaint process.The Commission for PublicComplaints Against the RCMP#102-7337 137 th St., Surrey, BC, V3W 1A4tel 604.501.4080 or 1-800-665-6878The Office of the Police ComplaintCommissioner (City Police)#200 – 1111 Melville St., Vancouver, BC, V6E 3V6tel 604.660.2385 or 1-800-663-786718 19

Important Phone NumbersB.C. Civil Liberties Association ........................... (604) 687-2919Immigration/Refugee Law Clinic ........................ (604) 601-6390Law Line (Legal Services Society) ...................... (604) 601-6100Lawyer Referral Line ......................................... 1-800-663-1919Legal Aid in Vancouver ...................................... (604) 601-6300Mental Health Law Program ............................. (604) 525-2615Office of the Police Complaints Commissioner . 1-800-663-7867Ombudsman (B.C. Provincial) ........................... 1-800-567-3247Prisoner Legal Services ...................................... (604) 853-8712Privacy Commissioner of BC .............................. (250) 387-5629Privacy Commissioner of Canada ..................... 1-800-282-1376RCMP Police Complaints .................................. 1-800-665-6878Refugee Assistance .......................................... 1-888-622-6337Salvation Army Pro Bono Lawyer Program ......... (604) 299-3908UBC Law Student Legal Advice Program ........... (604) 822-5791Vancouver Area Network of Drug Users ............ (604) 683-8595Society to Access Justice (Pro Bono Lawyers) .... (604) 482-3195