Do you have to tell police your name and address?
You will generally need to provide police with your name, address and date of birth but you do not have to say anything more. It is a good idea to get legal advice before participating in any formal or informal interview with police. There are some situations where you are obliged to answer questions by police.
Is it an Offence to refuse to give your name?
Witnesses – when the police can stop and question you If you refuse to provide your name, address, date and place of birth and nationality after you have been told by the police why they have stopped to question you this refusal is an offence you could be arrested and charged for.
What happens if you give the police a fake name?
Penalties Providing False Identification to a Police Officer is a misdemeanor offense that can be punished by up to six months in jail and substantial court fines. In addition, this offense is considered a crime of dishonesty that could haunt a person for the rest of their lives.
Do the police have to tell you why they are arresting you?
1. An officer who wants to ask you questions other than your name and address must advise you that you have a right not to answer the questions. 2. You have the right to be told why you are being arrested and the nature of the charges against you (the crime for which you are being arrested).
Why do police ask for your name when you call them?
The call-taker is always required to ask the caller’s name and phone number. This is in case we have to call you back, or the responders need to talk to someone who actually saw what happened.
Can the police detain me?
1. When can police in California temporarily detain me? Simply put, law enforcement officers may temporarily detain you when they have a reasonable suspicion, based in objective facts, that you may be involved in criminal activity.
What happens when you get charged by the police?
The police will speak to your legal adviser and let them know if they decide to charge you. Being charged is when you must go to court. If this happens you can plead guilty or not guilty. If you plead not guilty there will then be a trial.
Who can enter your home without permission?
Law enforcement and other officials have the right to enter your home in certain circumstances. However, few are allowed to execute a forced entry to someone’s property. Any official seeking entry must have a legitimate reason for entry, produce evidence of identity and leave your property secure after forcible entry.
Can police tell you to leave a public place?
It depends on why the officer is asking. If you are disrupting traffic, on private property without permission, or otherwise breaking the law, then the order is legal. But if the officer is requesting that you leave a public space because he or she disagrees with your message, the order is not legal.
How long can a police officer legally detain you?
What is the procedure for arresting someone?
Arrest procedure and Right
- Two type of arrest. arrest made in pursuance of a warrant issued by a magistrate.
- Arrest by police, magistrate s private person. Sub-section 1 Section 41 Crpc 1973 Says:
- Right of an arrest person. fair trail.
- Memo of Arrest. 1.It will be prepared by the police mentioning the name of the person to be arrested.
What do police officers say when arresting someone?
Your rights when being questioned The police must explain this to you by reading you the police caution: “You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”