Prof. Benjamin Berger of the faculty of law at the University of Victoria said even his own students are surprised when they learn that police don't have the blanket right to search a person's bag

Prof. Benjamin Berger of the faculty of law at the University of Victoria said even his own students are surprised when they learn that police don't have the blanket right to search a person's bag.

"Most people aren't terribly informed of their rights," he said.

On Canada Day, police stopped city buses and searched riders' backpacks looking for alcohol, in an effort to control drunkenness at the celebrations downtown.

For someone walking on the street or riding on a bus, the only way police can search you against your will is if they have reasonable grounds to think you have committed or are going to commit a crime. Traffic offences or bylaw infractions are not crimes.

Richard Neary, a criminal defence lawyer, said that is why police will often ask permission to search a bag.

A lot of people give their OK because they don't know they are allowed to refuse a search.

"There is often the assumption that when police ask a question it is more of a direction," he said.

Some people agree to the search because they want to help police; others are afraid that refusing to provide information or give in to a search will put them under greater suspicion.

He said if police want to search you or get information, but you don't want them to, one option is to ask them politely whether you are required to or if it is optional. They have to answer honestly.

One common case where you don't have to answer police questions is at roadblocks where officers ask whether you've had anything to drink. He said most people think they are required to answer the question.

Neary said you don't have any obligation to answer, and often the answer is what police use as the reasonable and probable grounds to suspect you are impaired. Then they can require you to provide a breath sample.

Even though it's not required, people often do answer because they are afraid they will look as if they have something to hide.

By law, you have to provide your driver's licence, insurance and ownership information to police when asked.

If police detain you because they have some evidence you have committed a crime, but haven't arrested you, they are allowed only to pat you down for weapons, but aren't allowed to go into your pockets or search your bag, unless they have a good reason to believe there are weapons there, Neary said. The purpose of their search is to make sure you don't have anything that could harm them; it's not designed as a fishing expedition for evidence.

The protection against being searched is covered under the Charter of Rights and Freedoms. It says that everyone has the right to be free from unreasonable search and seizure.

To help people understand their rights, the B.C. Civil Liberties Association has produced an arrest guide that covers people's rights when they are dealing with police.

Association president Jason Gratl, who is a criminal lawyer, said the laws are often complex.

"Even lawyers have to research what the law is on search and seizure," he said. The definition of search and seizure evolves with new court decisions.

It is because of the law's complexities that when people are arrested they have the right to talk to a lawyer right away. That is also why it is difficult to create one set of guidelines for what a person's rights are in every situation.

Gratl said information about individual rights when it comes to searches should be part of the public-school curriculum. That way, those graduating from high school would be better informed about what they are and are not required to do under the law.

Because of the lack of information, Neary said, he has had clients who have given in to searches or told police information thinking they were required to when they really weren't.

A copy of the arrest handbook can be downloaded from the publications section of the B.C. Civil Liberties Association website at www.bccla.org