I now posess the dubious honour of officially having been arrested! Myself and my co-conspirator were not charged, and the offense was silly and involved no property or people damage. As many of my friends actively protest, I have heard enough stories to realize that cops typically do not follow procedure in these circumstances. Here's where the process broke down: - Neither officer identified themselves by name. We requested to see their badge, and were refused. - We were asked if we would like to speak to a lawyer. I said yes, and requested to be escorted to a location where I could contact a lawyer of my choice. There was no follow through. - We were never read our rights, even though I requested to be read my rights before providing identification. The officers response was "We're getting to that, just let us do our jobs" We were handcuffed and physically searched; subjected to over half an hour of intimidation where the consequences of our insignificant crime were yelled at us (jail time, trial, criminal record, have to stay at the station). I continued to question the officers during this time about their badge, our rights, and iterated that I would like to speak to a lawyer. The officer's response was 'If you would quit beaking at us about this shit, we can deal with this right here. No trial.'; after we were left in another officers custody, the arresting officer returned and stated that they had decided to let us go with a warning; but in future dealings with police officers we will have to state that we have prior arrests. All in all, the experience was quite terrifying and I have no method of following up with the police, as we were never allowed to see the officers badges, and were not told their names. I see stories like this in the local news on a daily basis, and having experienced it first hand I can definitively say that I am not a fan. As I am an activist, I understand that as a consequence of not following certain laws I run the risk of encountering the police and possibly receiving a criminal conviction. But is it too much to ask that due-process be followed? It frustrates me immensely that the arresting officers failed their legal obligations to the arrestee and the utter lack of professionalism exhibited. When we were let go, the officers told us to "Behave like grownups," while we were actually being quite calm, polite and civil towards the officers. I really, really, really wish I had been able to talk to a lawyer. Perhaps the officers realized that we weren't stupid and if it had gone to trial they'd be nailed on a bunged up arrest? Anybody else here have similar experiences?

I won't mention specifics, but yes, I've dealt with abusive police officers before. However, I've dealt with a lot more good-natured ones. Some people simply crave control over others, and it's unfortunate that there is no way to definitively spot these people before they enter the police academy (psychology is not an exact science by any means).

Quote: Original post by djz
but in future dealings with police officers we will have to state that we have prior arrests.

That is not a requirement by law, but I'm sure you realize that. If you are in the system for a legitimate reason, the police will know, which makes this demand completely irrelevant. Seeing how there were no charges laid, I doubt you'll be in the system in any meaningful way.

As any lawyer will tell you, never ever ever ever offer up extraneous information. Like, voluntarily telling a police officer that you've been arrested before can easily be misinterpreted as you trying to wear it like some kind of badge of honour.

Of course, that's not to say that someone should be automatically indignant to all police officers. I mean, if someone is stopped by a police officer and they refuse to give their name, address and purpose for being where they are when asked, then they are only asking to be given a rough time. It's important to keep in mind that if you have nothing to hide, then act like you have nothing to hide. The only thing you'll lose by doing so is a little bit of time. It has nothing to do with "caving in" to fascist pig brutality or any other ideological bullshit of that kind. :) If you are protesting something, tell them that's exactly what you're doing. Most police officers and judges will appreciate your directness and honesty, and will also realize that it's your right to protest in a peaceful manner.

In any event, it sounds like you guys ran into a couple of morons. It happens. They obviously thought that they could intimidate you by giving the false impression that they could do some serious damage to you even though they didn't have a leg to stand on. Seeing how they didn't have anything to go on, they left you with this nonsense demand as some kind of infantile psychological ploy to erode away at your self-esteem over time because they could no longer maintain the physical control that they obviously very much enjoyed. Judging from your calm demeanor, it's obvious to me that they've failed. How sociopathic and lame of them. Bravo for handling it so well, it's a tough thing to do.

[Edited by - taby on January 23, 2010 8:05:16 PM]

Wait, what were you protesting that caused all of the problems?

Quote: Original post by djz
All in all, the experience was quite terrifying and I have no method of following up with the police, as we were never allowed to see the officers badges, and were not told their names. I see stories like this in the local news on a daily basis, and having experienced it first hand I can definitively say that I am not a fan.

Can you file a complaint? I'm not familiar with Canadian law, but I assume that a police officer has to show some sort of identification in this situation when asked for. It probably won't change anything, but I would think it's too important to just let it go. Especially for an activist. ;)

LessBread and Wan bring up a good point. In principle, you should definitely make a complaint. If you do, then do not do it through the same police station. Either do it through the OPCC if it was the local police that you dealt with, or through the Commission for Public Complaints Against the RCMP if it was the RCMP that you dealt with.

But before you do, ask yourself two questions to see if it's worth it:

1) Did you do something to justify an arrest? Just because it didn't stick doesn't mean that it wasn't deserved, it just means that there was insufficient evidence to make it cost effective to send you to trial.

2) Are you willing to permanently deface the reputation of a police officer that could have just been having a really bad personal day?

If you answer yes to both questions, then you would be no better than they. It seems to me that you are better than that.

Please don't take this as any kind of defense of bad policing. I'm just trying to show both sides of the coin. I was intentionally avoiding your initial inquiry into this in hopes that the desire to file a complaint would fade away on its own. If you wish to find closure right now, then do it now. Opening up a can of worms might be a bad idea, because it will only extend the ordeal. Is that what you really want? Sometimes principles are not the best guide (e.g., see Josef Stalin).

[Edited by - taby on January 23, 2010 9:52:09 PM]

Quote: Original post by owl
... when I saw a police-car passing by I had no better idea than throwing myself to the floor, and then I got detained for like 3 hours.

LOwl!

Quote: Original post by owl
when I saw a police-car passing by I had no better idea than throwing myself to the floor, and then I got detained for like 3 hours.

oh c'mon. You just have to follow a few simple

">rules when dealing with the police. It's not rocket science. :P