What to Do When Stopped by the Police
By Hans ‘John’ Kalina · Originally published March 12, 2017 · Updated October 6, 2026
A police encounter can be stressful. What you must do, and which rights apply, depend on whether you are having a voluntary conversation, driving, being detained or under arrest. Stay calm, avoid sudden movements and do not physically resist. A disagreement about police powers should be addressed through legal advice, not a confrontation at the scene.
Ask whether you are free to leave
You can ask: “Am I being detained, or am I free to go?” If you are free to leave, you may end the conversation calmly. Do not assume you may leave merely because an officer has not used the word “arrest.” Detention may involve physical restraint or circumstances in which a reasonable person would feel compelled to comply.
Police do not have an unrestricted power to detain people for investigation. R. v. Mann, 2004 SCC 52 addresses investigative detention connected to a particular crime and the limits on a protective search. If you are detained, ask why and request legal advice.
Identification: a street check is not a traffic stop
There is no universal rule that every person must show identification whenever police ask. There are, however, situations in which legislation requires information or documents. Do not give a false name or false documents.
Ontario’s current street-check regulation (O. Reg. 400/23) governs certain attempts to collect identifying information. Where it applies, officers generally must explain the reason for the request, advise that providing the information is not required and offer a record of the interaction, subject to exceptions. It does not apply to every encounter: exclusions include arrest or detention, certain specific-offence investigations and situations in which identification is legally required.
If you are driving, stop safely and meet legal requirements
When a readily identifiable police officer directs you to stop, come to a safe stop. Keep your hands visible and tell the officer before reaching for documents. Drivers have duties to carry and surrender a licence for reasonable inspection; see sections 33 and 216 of Ontario’s Highway Traffic Act. Other document and identification requirements may also apply.
The right to silence is not permission to ignore a lawful roadside testing demand. Depending on the circumstances, police may lawfully require a breath sample or other testing. Failure or refusal without a reasonable excuse can have serious consequences. See Defending Against DUI Charges for the distinction between roadside screening and further investigation.
Consent and a lawful search are different questions
You may state calmly that you do not consent to a search. Refusing consent does not physically prevent a search that police are otherwise legally entitled to conduct. A warrant is not required for every lawful search; powers may arise in connection with an arrest, a justified safety search or other recognized circumstances.
An investigative detention does not automatically authorize a general search for evidence. In Mann, the Court distinguished a protective pat-down from an unjustified search inside a pocket. If you believe a search is unlawful, do not resist or interfere. Tell counsel what happened. Exclusion of evidence is not automatic simply because a search is challenged.
Ask to speak with a lawyer if arrested or detained
Sections 7 to 10 of the Canadian Charter of Rights and Freedoms protect important rights concerning silence, searches, detention and legal advice. On arrest or detention, say clearly that you want to speak with a lawyer. Explain if you cannot contact counsel, cannot understand the advice or need interpretation.
For an adult, access to legal advice is not generally a right to have a lawyer sitting beside you throughout police questioning. R. v. Sinclair, 2010 SCC 35 explains when further consultation may be required. Separate protections apply to young people. Police may continue asking questions even after a person asserts silence; do not assume that questioning must automatically end.
Seek advice before giving an account of the alleged events. Do not guess, provide false information, destroy evidence or obstruct an investigation. Follow counsel’s advice about your circumstances and any obligations to provide information.
Keep an accurate record of the encounter
As soon as it is safe, note the time, place, officers’ identifying details, the reason given for the stop and what was said.
Record whether you asked to leave, requested counsel or objected to a search, and how the officer responded.
Preserve tickets, receipts, release papers, messages and any lawfully obtained recordings. Do not edit or delete relevant material.
Give counsel a complete account, including anything that may be unhelpful. If you received a ticket or court document, confirm the deadline and attendance requirements rather than ignoring it.
Related reading
Speak with counsel
For advice about a police encounter, contact the Law Office of Kalina & Tejpal or call 416-900-6999.
This article provides general information about Ontario and Canadian law, not legal advice. Rights and obligations depend on the circumstances.