Background/Declaration - do i have to declare these "detained" situations?

[bearcold]

first of all, i'm sorry. my keyboard broken and i can't use capital letters.

anyways, this is for my friend who is applying for his pr. he has never been arrested or put in jail/prison. but he has been stopped by a cop and ided on the street before.

in the united states and canada, they say that you are being detained, when you are stopped by the police and asked for your id or being questioned even if you are not under arrested. also when you are sent to the secondary inspection at the airport, they also say that you are being detained even if they just let you in in a moment.

the it was like

cop "what are you doing here at this time? "

he "just walking here why?"

cop "do you have an id?"

he "yes, but i don't want to show you."

cop "is there any reason why you don't want to show me your id?"

he "because i didn't do anything wrong"

cop "what is your name?"

he "i don't want to answer that question."

cop "why is that?"

he "because i didn't break any laws and what you are doing is unconstitutional"

cop "do you want to hide something"

he "no. am i free to go?"

cop "well, it is very simple just to show your id so that i can make sure who you are"

he "am i free to go?"

cop "well..."

he " am i free to go or not?"

cop "you can go now"


do you have to check "yes" to the question that says "have you ever been detained, arrested or incarcerated?" when you fill out the Schedule A - Background/Declaration form if you have ever been stopped by a cop and he questioned several questions and just let go in 5 minutes? what about you were sent to the secondary inspection office when you arrived at an airport and they let you in?

 

[zardoz]

In my humble opinion, no, these are not what is meant by being "detained". That is much more like being taken to a police station and interrogated but still not formally "under arrest". It's not the quick stop in the street for ID purposes.. Same for secondary inspection, unless you are being held against your will, because of some perceived violation of customs, criminal or immigration law.

 

[hooba]

In my humble opinion, no, these are not what is meant by being "detained". That is much more like being taken to a police station and interrogated but still not formally "under arrest". It's not the quick stop in the street for ID purposes.. Same for secondary inspection, unless you are being held against your will, because of some perceived violation of customs, criminal or immigration law.

so if i have been asked for a second screening at point of entry, do i have to declare it ?

 

[canuck_in_uk]

so if i have been asked for a second screening at point of entry, do i have to declare it ?

Goin through secondary screening at a border is not being detained. Being put in a holding cell at a border is.

 

[foodie69]

first of all, i'm sorry. my keyboard broken and i can't use capital letters.

anyways, this is for my friend who is applying for his pr. he has never been arrested or put in jail/prison. but he has been stopped by a cop and ided on the street before.

in the united states and canada, they say that you are being detained, when you are stopped by the police and asked for your id or being questioned even if you are not under arrested. also when you are sent to the secondary inspection at the airport, they also say that you are being detained even if they just let you in in a moment.

the it was like

cop "what are you doing here at this time? "

he "just walking here why?"

cop "do you have an id?"

he "yes, but i don't want to show you."

cop "is there any reason why you don't want to show me your id?"

he "because i didn't do anything wrong"

cop "what is your name?"

he "i don't want to answer that question."

cop "why is that?"

he "because i didn't break any laws and what you are doing is unconstitutional"

cop "do you want to hide something"

he "no. am i free to go?"

cop "well, it is very simple just to show your id so that i can make sure who you are"

he "am i free to go?"

cop "well..."

he " am i free to go or not?"

cop "you can go now"


do you have to check "yes" to the question that says "have you ever been detained, arrested or incarcerated?" when you fill out the Schedule A - Background/Declaration form if you have ever been stopped by a cop and he questioned several questions and just let go in 5 minutes? what about you were sent to the secondary inspection office when you arrived at an airport and they let you in?

In my opinion this does not constitute to be detained.
It's more like stupidity not following police procedure..sounds like one of these sovereign citizens.

 

[canuck_in_uk]

In my opinion this does not constitute to be detained.
It's more like stupidity not following police procedure..sounds like one of these sovereign citizens.

How is it stupidity? The person had no legal obligation to show ID or give a name and exercised their rights by not doing so.

 

[foodie69]

How is it stupidity? The person had no legal obligation to show ID or give a name and exercised their rights by not doing so.

I have no problem whatsoever to provide any ID to any law enforcement official at any time. I got nothing to hide.
So instead of getting in an argument about rights and why and where and how with the police, it takes 15 seconds and you're off. Simple.

 

[canuck_in_uk]

I have no problem whatsoever to provide any ID to any law enforcement official at any time. I got nothing to hide.
So instead of getting in an argument about rights and why and where and how with the police, it takes 15 seconds and you're off. Simple.

It's not an argument. That is your choice. Others choose not to provide ID when there is zero legal requirement to do so and it is none of the officer's business. It likely takes less time to refuse than it does to provide the ID. Simple.

 

[foodie69]

It's not an argument. That is your choice. Others choose not to provide ID when there is zero legal requirement to do so and it is none of the officer's business. It likely takes less time to refuse than it does to provide the ID. Simple.

I have no issues with you, Canuck. I meant no argument with the police..sometimes it's just easier to do what they say and let it go.

 

[canuck_in_uk]

I have no issues with you, Canuck. I meant no argument with the police..sometimes it's just easier to do what they say and let it go.

No issues. I understand that you meant an argument with the police. I'm saying that it isn't an argument when the police have no legal reason for the stop in the first place.

 

[hooba]

Goin through secondary screening at a border is not being detained. Being put in a holding cell at a border is.

It was a separate room where they searched my bag and found a smokig pipe, took it from me, gave me a verbal warning and let me in!
Do you still have the same opinion?

 

[k.h.p.]

It was a separate room where they searched my bag and found a smokig pipe, took it from me, gave me a verbal warning and let me in!
Do you still have the same opinion?

This is not detention. Though it's very close.

 

[canuck_in_uk]

It was a separate room where they searched my bag and found a smokig pipe, took it from me, gave me a verbal warning and let me in!
Do you still have the same opinion?

Same opinion. Not detained.

As an aside, you crossed an international border with a pipe? Dude, seriously....

 

[hooba]

Same opinion. Not detained.

As an aside, you crossed an international border with a pipe? Dude, seriously....

That was absolutely wrong! it was a present from a friend and it was used! They gave me hard time and they took hours to search every single thing in my bags and pockets. Their next step was to put me on a full body scanner before they let me go as i didn't have anything else, but this one was a big thing and they took from me.
My advise to everyone here is to be very responsible and careful when you cross any border either domestic or international.