JUST 1010 Lecture Notes - Lecture 2: Police Authority, Indictable Offence, Sough
Course Learning Outcomes:
On completion of this course the student will be able to:
Understand all relevant law and legislation, and professional, organizational, and ethical standards in the use of police
authority.
1.
Analyze the use of police powers.
2.
Make sound decisions based on an evaluation of situations.
3.
Assess crisis intervention strategies.
4.
Interpret the Criminal Code and other federal and provincial statutes to determining appropriate arrest authorities.
5.
Determine arrest authority based on type of offence.
6.
Assess situations to determine appropriate arrest procedures.
7.
Affect an arrest that complies with the Charter of Rights and Freedoms.
8.
Identify and analyze variables that influence a decision to search and seize.
9.
Identify and analyze legal guidelines governing search and seizure.
10.
Assess situations to determine appropriate search and seizure procedures.
11.
Given specific situations, assess consequences of illegal searches.
12.
Trace the interim release process identifying the points at which decisions can be made to release.
13.
Identify the roles and responsibilities of the law enforcement officer at each level of the interim release process:
arresting officer, officer in charge, justice of the peace, superior court.
14.
Apply criteria used to determine status of interim release to make and defend decisions in a variety of situations.
15.
Assess and choose release alternatives appropriate to the situation and to the point in the interim release process.
16.
Understand the use, limitations and ethical issues surrounding the use of police discretion.
17.
Explain consequences of exercising police discretionary authority.
18.
Use guidelines for police discretion to make decisions and defend the position taken.
19.
Powers of Arrests
Arrest
In law, the seizure and detention of a person, either to bring him before a court body or official, or to otherwise
secure the administration of the law.
-
•
Concept of Custody
Democratic society requires balance between an individual's right to freedom and society's need for protection from crime.
-
Police are given the authority to remove freedom.
-
Proper use of this authority provides the sought-for-balance.
-
To prevent abuse of this authority, two important factors are considered: limitations and accountability.
-
Police authority to remove an individual's liberty is limited to specific circumstances.
-
Police are accountable -they must justify the use of this authority.
-
Three ways of taking custody of a person:
Arrest with a warrant
1.
Arrest without a warrant 2.
Detention-we will discuss this later in class3.
•
Concept of Custody
Arrest with a warrant -based on judicial authorization to take custody.
Police must first apply for and justify the need for the warrant.
-
Final decision to take custody made by a Justice, not by the police.
-
•
Arrest without a warrant —police take custody without judicial authorization.
Police make the final decision, not a Justice.
-
•
Concept of Custody
Criminal Code restricts use of Arrest without a warrant
-
to a narrow range of offences and circumstances, and it
identifies two groups of people permitted to exercise it:
Peace officers, defined in s. 2 C.C. 1.
“Anyone,” referring to citizens —ss.494 and 30 2.
C.C. authorize citizens to make arrests under
certain circumstances.
Criminal Code Overview
http://laws-lois.justice.gc.ca/eng/acts/C-46/index.html
Look up sections 30 and 494 of the Criminal Code
This section describes the power of any person, whether or not he is a peace officer, to arrest another person without a
warrant.
Describe where any peace officer/person may arrest without a warrant.
-
Preventing breach of peace S. 30
Every one who witnesses a breach of the peace is justified in interfering to prevent the continuance or renewal thereof
and may detain any person who commits or is about to join in or to renew the breach of the peace, for the purpose of
giving him into the custody of a peace officer, if he uses no more force than is reasonably necessary . . .
-
Arrest without warrant by any person -s. 494 (1)
Any one may arrest without warrant1.
a person whom he finds committing an indictable offence; or(a)
a person who, on reasonable grounds, he believes(b)
has committed a criminal offence, andi)
is escaping from and freshly pursued by persons who have lawful authority to arrest that person.ii)
Arrest by owner, etc., of property's -494 (2)
The owner or a person in lawful possession of property, or a person authorized by the owner or by a person in lawful
possession of property,
1.
may arrest a person without a warrant if they find them committing a criminal offence on or in relation to that property
and
-
they make the arrest at that time; or(a)
they make the arrest within a reasonable time after the offence is committed and they believe on reasonable grounds
that it is not feasible in the circumstances for a peace officer to make the arrest.
(b)
Delivery to peace officer -s. 494 (3)
Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace
officer.
(3)
For greater certainty, a person who is authorized to make an arrest under this section is a person who is authorized by
law to do so for the purposes of section 25
(4)
What is the meaning of forthwith ?
-
Look up Sections 31 and 495 of the criminal code
This section describes the power of a peace officer, to arrest another person without a warrant.
-
Arrest for breach of peace -s. 31
Every peace officer who witnesses a breach of the peace and every one who lawfully assists the peace officer is justified
in arresting any person whom he finds committing the breach of the peace or who, on reasonable grounds, he believes is
about to join in or renew the breach of the peace.
(1)
Arrest without warrant by peace officer: s. 495 (1)
A peace officer may arrest without warrant(1)
a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about
to commit an indictable offence;
(a)
a person whom he finds committing a criminal offence; or(b)
a person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set
out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found.
(c)
Limitation s. 495 (2)
A peace officer shall not arrest a person without warrant for1.
an indictable offence mentioned in section 553, (a)
an offence for which the person may be prosecuted by indictment or for which he is punishable on summary conviction,
or
(b)
an offence punishable on summary conviction,(c)
in any case where
-
(d) he believes on reasonable grounds that the public interest, having regard to all the circumstances including the need to
establish the identity of the person,(i)
secure or preserve evidence of or relating to the offence, or(ii)
prevent the continuation or repetition of the offence or the commission of another offence,(iii)
may be satisfied without so arresting the person, and
-
(e) he has no reasonable grounds to believe that, if he does not so arrest the person, the person will fail to attend court in
order to be dealt with according to law.
Terms you NEED to know!
Finds Committing
To see the person actually committing the offence OR seeing the person commit the offence and pursuing him/her
immediately and continuously until arrested.
-
•
Reasonable Grounds
A set of facts or circumstances that would satisfy an ordinary cautious and prudent person that there is a reason to
believe and goes beyond mere suspicion.
-
•
Terms from the Criminal Code you NEED to know:
SHALL
Mandatory.
-
•
INCLUDES
Not restricted to that within others could be applicable.
-
•
MEANS
Meaning restricted to that provided.
-
•
AND
Both parts must be present.
-
•
OR
Either part will suffice.
-
•
MAY
Optional.
-
•
Powers of Custody
Sections 495 and 31 C.C. establish “powers of arrest without a warrant” authorities for police officers.
-
Sections 495 and 31 C.C. provide necessary balance between preventing false arrests and preventing offences.
-
Memorizing and recalling ss. 495 and 31 C.C. is not enough.
-
Police officers must make rapid decisions.
-
Decision-Making
Step 1: Offence recognition -
!
Step 2: Classify the offence -hybrid, indictable, dual?
!
Step 3: Classify the belief -developing reasonable grounds.
!
Step 4: Custody authority recognition -powers of arrest, shall? can?
!
Step 5: Search authority -these are the 5 steps an officer has to go thru when faced w/ any situation.
!
Arrest with warrant
Find the sections dealing with arrest with a warrant.
-
•
Committal Warrant -s. 744
A police officer SHALL arrest when a warrant of committal has been issued.
-
•
Warrant to compel appearance -s. 514
A warrant MAY be executed . . .
-
•
Problem-Solving Case Studies
Class Discussion
You return home from a weekend at the cottage, you find a window broken and you hear a noise inside. Just then a
man runs past you carrying your plasma screen TV. You chase him but lose him a short distance later.
1.
Three days later while pricing replacement TV's you see the man.
Can you arrest him? Why or why not?
-
-YES, you cannot arrest the man because
494(2) (b) they make the arrest within a reasonable time after the offence is committed and they believe on reasonable
grounds that it is not feasible in the circumstances for a peace officer to make the arrest.
A.
BREAK AND ENTER, INDICTABLE, you are the owner and you find him after-YES you have the right as the owner of the
property.
-
Problem-Solving Case Studies
You are a police officer in each case. Each offender is an adult, unless
otherwise indicated.
You are dispatched to a disturbance at a bar. Upon 1.
arrival, you see Eddie causing a disturbance inside.
Can you arrest without a warrant?
Yes. You saw a summary conviction offence
"
occur. You may arrest because you found the
offence being committed.
You are dispatched to a domestic dispute at a house. 2.
Upon arrival, you see Ward assault June inside the
house.
Can you arrest Ward without a warrant
Yes. You saw a summary conviction offence occur. You may arrest because you found the offence being committed.
"
You see Wally steal a $20,000 car and you pursue him 3.
continuously until he stops.
Can you arrest him without a warrant?
Yes. You saw an indictable offence (“theft over $5,000”)
•
occur, and pursued the offender until apprehension,
without losing sight of the offender.
June reports to you today that Ward assaulted her three 4.
days ago.
Can you arrest Ward today without a warrant?
Yes. “Assault” is a dual procedure offence that is treated
"
as indictable for the purposes of arrest. June is an
eyewitness, constituting reasonable grounds. No time
limit exists to arrest for an indictable offence.
You are questioning Wally, with his consent, about a 5.
robbery that occurred eight months ago. Wally
confesses to you.
Can you arrest him without a warrant?
Yes. “Robbery” is an indictable offence.
"
A confession constitutes reasonable grounds.
A six-month time limit is not imposed for indictable offences
You see Ralph (16) steal a $20,000 car. You pursue him, but lose sight of him. You see him 24 hours later. He is walking
on a sidewalk and you recognize him.
6.
Can you arrest Ralph without a warrant?
Yes. Stealing the car constitutes “theft over $5,000,” which is
"
an indictable offence. Although you saw the offence but
lost sight of the offender, you are an eyewitness, which
constitutes reasonable grounds. A police officer’s
authorities for arrest without warrant applies to young
offenders.
Wally reports the following to you right now: He met Eddie at 7.
a bar last night at 11:00 p.m. Eddie confessed to him that
he committed “break, enter and theft” at a house
situated at 10 King St., seven days ago.
Can you arrest Eddie without a warrant?
Yes. “Break, enter and theft” into a house is an indictable
"
offence. A confession to a citizen constitutes reasonable
grounds. Wally’s report to you is hearsay evidence.
Hearsay evidence may be used by you to form reasonable
grounds. No time limit exist.
June reports to you right now that she saw Eddie commit 8.
an “indecent act” on King St. one hour ago.
Can you arrest Eddie without a warrant
No. “Indecent act” is a summary conviction offence.
"
Although June’s eyewitness report constitutes
reasonable grounds, you did not see the offence occur.
Police officers must find committing to arrest without
warrant for summary convictions offences. However,
you may charge Eddie by laying an Information
anytime up to six months after the offence date. A
summons will then be issued and served to Eddie.
June reported to you yesterday at 5:00 p.m. that she 9.
received three obscene phone calls between 1:00 and
4:00 p.m. You develop a suspicion that Eddie, a next-
door neighbour, committed the offences. The
suspicion is based merely on unsubstantiated
speculation. You interrogate Eddie today, with his
consent. He confesses that he committed the
offences.
Can you arrest Eddie without a warrant?
Problem-Solving Case Studies
No. “Obscene phone calls” are summary conviction
"
offences. A confession constitutes reasonable
grounds. No lawful authority exists for a police officer
to arrest on reasonable grounds for summary
conviction offences. However, you may charge Eddie
at any time until six months after the offence date.
You are investigating an “attempted murder” that 10.
occurred five days ago. Ward is the victim. You form a
suspicion that Eddie may be the offender, based
merely on unsubstantiated speculation.
Can you arrest Eddie for suspicion of “attempted murder” or
for the purpose of questioning him in order to form
reasonable grounds?
No. No lawful authority exists to arrest if mere suspicion
"
exists, or for the purpose of questioning in order to form
reasonable grounds by means of a confession. In the
absence of reasonable grounds, you may question Eddie if
valid consent is obtained from him. “Attempted murder”
is an indictable offence. You must find committing or have
reasonable grounds to arrest without a warrant.
You see an intoxicated person walking toward his car. 11.
He insists that he is driving home. 12.
Can you arrest him?
Yes. “Impaired driving” is a dual procedure offence.
"
Reasonable grounds exist that this person is about
to commit this offence. You may arrest without
warrant to prevent the offence.
You arrive at a dispute between two people. One 12.
person becomes hostile and indicates, by means of
words and/or conduct, that he may assault the
other person.
Can you arrest him?
Yes. “Assault” is a dual procedure offence. Reasonable
•
grounds exist that the assault is about to occur. The
officer may arrest without a warrant to prevent the
assault.
June is a security guard at a community college. Clarence 13.
reports to her right now that he saw a man commit
“mischief under $5,000” 15 minutes ago, by breaking a
glass door in the college. The offender left the scene
immediately. Clarence recognizes Eddie as being the man who broke the window and informs June.
Can June arrest Eddie? (a)
Can Clarence arrest Eddie? (b)
June and Clarence call the police. Cst. Friendly arrives. (c)
Clarence reports his observation. Can Cst. Friendly find
Eddie and arrest him without a warrant?
No. Breaking the window is classified as “mischief under $5,000,” a dual
•
procedure offence. Clarence’s report constitutes reasonable grounds. June
did not find the offence being committed.
No. Clarence lost sight of Eddie after the offence ended. Clarence’s facial
•
recognition of Eddie after the offence, and loss of sight, constitute
reasonable grounds. No citizen may arrest on reasonable grounds.
Yes. A police officer may arrest without a warrant on reasonable grounds for a
•
dual procedure offence.
Would the answers change if this occurred during a storm and no police were available to attend?
Ward is at his house right now. He hears a news broadcast 14.
that Eddie is wanted for “robbery.” Eddie arrives at
Ward’s house 15 minutes later to visit.
Can Ward arrest Eddie?
No. “Robbery” is an indictable offence. Ward did not find
•
the offence being committed. The news broadcast
represented reasonable grounds.
June is a security guard at a community college. Clarence 15.
reports the following to her right now. Eddie told
Clarence one hour ago that he intended to steal a
college van that is currently parked near the main
building. Eddie is in a class right now.
Can June arrest Eddie to prevent the offence of “theft over $5,000”
No. June has no authority to arrest on reasonable
•
grounds that a person is about to commit an
indictable offence. The police should be notified and
the reasonable grounds transferred to an office.
-
Definitions in CC
are after every
section called
'ANNOTATIONS'.
"Anyone": see someone
committing an indictable
offence.
Indictable-"the big stuff"
Murder, kidnap,
treason
-
Criminal-every offence
described anywhere in
the book, anything
illegal.
Drugs, trespass
-
Every crime would be
summary, dual or
indictable.
Scenario:
If someone is stealing
and there is a security
guard behind them, you
are still allowed to
arrest them.
Ex. s.30 breach-stop,
arrest and detain until
police show up.
Has committed*
Knowing someone has
committed an
indictable offence.
OR on reasonable
grounds.
Shall: is a direct order
When police has
warrant-doesn’t
have to do any
thinking.
GO OVER S. 533,
30, 31, 494, 495
Indictable/Summary
for the powers of
arrest.
Upon arrest, not
classified as
'dual'.
-
When you see the word
'suspicion' and 'merely'
be very careful.
W2 Powers of Arrests & Detention
#$%&'()*+, -).%)&*,/0+,12/0
0322,45
Course Learning Outcomes:
On completion of this course the student will be able to:
Understand all relevant law and legislation, and professional, organizational, and ethical standards in the use of police
authority.
1.
Analyze the use of police powers. 2.
Make sound decisions based on an evaluation of situations. 3.
Assess crisis intervention strategies. 4.
Interpret the Criminal Code and other federal and provincial statutes to determining appropriate arrest authorities.
5.
Determine arrest authority based on type of offence. 6.
Assess situations to determine appropriate arrest procedures. 7.
Affect an arrest that complies with the Charter of Rights and Freedoms. 8.
Identify and analyze variables that influence a decision to search and seize. 9.
Identify and analyze legal guidelines governing search and seizure. 10.
Assess situations to determine appropriate search and seizure procedures. 11.
Given specific situations, assess consequences of illegal searches. 12.
Trace the interim release process identifying the points at which decisions can be made to release.
13.
Identify the roles and responsibilities of the law enforcement officer at each level of the interim release process:
arresting officer, officer in charge, justice of the peace, superior court.
14.
Apply criteria used to determine status of interim release to make and defend decisions in a variety of situations.
15.
Assess and choose release alternatives appropriate to the situation and to the point in the interim release process.
16.
Understand the use, limitations and ethical issues surrounding the use of police discretion.
17.
Explain consequences of exercising police discretionary authority. 18.
Use guidelines for police discretion to make decisions and defend the position taken.
19.
Powers of Arrests
Arrest
In law, the seizure and detention of a person, either to bring him before a court body or official, or to otherwise
secure the administration of the law.
-
•
Concept of Custody
Democratic society requires balance between an individual's right to freedom and society's need for protection from crime.
-
Police are given the authority to remove freedom.
-
Proper use of this authority provides the sought-for-balance.
-
To prevent abuse of this authority, two important factors are considered: limitations and accountability.
-
Police authority to remove an individual's liberty is limited to specific circumstances.
-
Police are accountable -they must justify the use of this authority.
-
Three ways of taking custody of a person:
Arrest with a warrant 1.
Arrest without a warrant 2.
Detention-we will discuss this later in class3.
•
Concept of Custody
Arrest with a warrant -based on judicial authorization to take custody.
Police must first apply for and justify the need for the warrant.
-
Final decision to take custody made by a Justice, not by the police.
-
•
Arrest without a warrant —police take custody without judicial authorization.
Police make the final decision, not a Justice.
-
•
Concept of Custody
Criminal Code restricts use of Arrest without a warrant
-
to a narrow range of offences and circumstances, and it
identifies two groups of people permitted to exercise it:
Peace officers, defined in s. 2 C.C. 1.
“Anyone,” referring to citizens —ss.494 and 30 2.
C.C. authorize citizens to make arrests under
certain circumstances.
Criminal Code Overview
http://laws-lois.justice.gc.ca/eng/acts/C-46/index.html
Look up sections 30 and 494 of the Criminal Code
This section describes the power of any person, whether or not he is a peace officer, to arrest another person without a
warrant.
Describe where any peace officer/person may arrest without a warrant.
-
Preventing breach of peace S. 30
Every one who witnesses a breach of the peace is justified in interfering to prevent the continuance or renewal thereof
and may detain any person who commits or is about to join in or to renew the breach of the peace, for the purpose of
giving him into the custody of a peace officer, if he uses no more force than is reasonably necessary . . .
-
Arrest without warrant by any person -s. 494 (1)
Any one may arrest without warrant1.
a person whom he finds committing an indictable offence; or(a)
a person who, on reasonable grounds, he believes(b)
has committed a criminal offence, andi)
is escaping from and freshly pursued by persons who have lawful authority to arrest that person.ii)
Arrest by owner, etc., of property's -494 (2)
The owner or a person in lawful possession of property, or a person authorized by the owner or by a person in lawful
possession of property,
1.
may arrest a person without a warrant if they find them committing a criminal offence on or in relation to that property
and
-
they make the arrest at that time; or(a)
they make the arrest within a reasonable time after the offence is committed and they believe on reasonable grounds
that it is not feasible in the circumstances for a peace officer to make the arrest.
(b)
Delivery to peace officer -s. 494 (3)
Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace
officer.
(3)
For greater certainty, a person who is authorized to make an arrest under this section is a person who is authorized by
law to do so for the purposes of section 25
(4)
What is the meaning of forthwith ?
-
Look up Sections 31 and 495 of the criminal code
This section describes the power of a peace officer, to arrest another person without a warrant.
-
Arrest for breach of peace -s. 31
Every peace officer who witnesses a breach of the peace and every one who lawfully assists the peace officer is justified
in arresting any person whom he finds committing the breach of the peace or who, on reasonable grounds, he believes is
about to join in or renew the breach of the peace.
(1)
Arrest without warrant by peace officer: s. 495 (1)
A peace officer may arrest without warrant(1)
a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about
to commit an indictable offence;
(a)
a person whom he finds committing a criminal offence; or(b)
a person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set
out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found.
(c)
Limitation s. 495 (2)
A peace officer shall not arrest a person without warrant for1.
an indictable offence mentioned in section 553, (a)
an offence for which the person may be prosecuted by indictment or for which he is punishable on summary conviction,
or
(b)
an offence punishable on summary conviction,(c)
in any case where
-
(d) he believes on reasonable grounds that the public interest, having regard to all the circumstances including the need to
establish the identity of the person,(i)
secure or preserve evidence of or relating to the offence, or(ii)
prevent the continuation or repetition of the offence or the commission of another offence,(iii)
may be satisfied without so arresting the person, and
-
(e) he has no reasonable grounds to believe that, if he does not so arrest the person, the person will fail to attend court in
order to be dealt with according to law.
Terms you NEED to know!
Finds Committing
To see the person actually committing the offence OR seeing the person commit the offence and pursuing him/her
immediately and continuously until arrested.
-
•
Reasonable Grounds
A set of facts or circumstances that would satisfy an ordinary cautious and prudent person that there is a reason to
believe and goes beyond mere suspicion.
-
•
Terms from the Criminal Code you NEED to know:
SHALL
Mandatory.
-
•
INCLUDES
Not restricted to that within others could be applicable.
-
•
MEANS
Meaning restricted to that provided.
-
•
AND
Both parts must be present.
-
•
OR
Either part will suffice.
-
•
MAY
Optional.
-
•
Powers of Custody
Sections 495 and 31 C.C. establish “powers of arrest without a warrant” authorities for police officers.
-
Sections 495 and 31 C.C. provide necessary balance between preventing false arrests and preventing offences.
-
Memorizing and recalling ss. 495 and 31 C.C. is not enough.
-
Police officers must make rapid decisions.
-
Decision-Making
Step 1: Offence recognition -
!
Step 2: Classify the offence -hybrid, indictable, dual?
!
Step 3: Classify the belief -developing reasonable grounds.
!
Step 4: Custody authority recognition -powers of arrest, shall? can?
!
Step 5: Search authority -these are the 5 steps an officer has to go thru when faced w/ any situation.
!
Arrest with warrant
Find the sections dealing with arrest with a warrant.
-
•
Committal Warrant -s. 744
A police officer SHALL arrest when a warrant of committal has been issued.
-
•
Warrant to compel appearance -s. 514
A warrant MAY be executed . . .
-
•
Problem-Solving Case Studies
Class Discussion
You return home from a weekend at the cottage, you find a window broken and you hear a noise inside. Just then a
man runs past you carrying your plasma screen TV. You chase him but lose him a short distance later.
1.
Three days later while pricing replacement TV's you see the man.
Can you arrest him? Why or why not?
-
-YES, you cannot arrest the man because
494(2) (b) they make the arrest within a reasonable time after the offence is committed and they believe on reasonable
grounds that it is not feasible in the circumstances for a peace officer to make the arrest.
A.
BREAK AND ENTER, INDICTABLE, you are the owner and you find him after-YES you have the right as the owner of the
property.
-
Problem-Solving Case Studies
You are a police officer in each case. Each offender is an adult, unless
otherwise indicated.
You are dispatched to a disturbance at a bar. Upon 1.
arrival, you see Eddie causing a disturbance inside.
Can you arrest without a warrant?
Yes. You saw a summary conviction offence
"
occur. You may arrest because you found the
offence being committed.
You are dispatched to a domestic dispute at a house. 2.
Upon arrival, you see Ward assault June inside the
house.
Can you arrest Ward without a warrant
Yes. You saw a summary conviction offence occur. You may arrest because you found the offence being committed.
"
You see Wally steal a $20,000 car and you pursue him 3.
continuously until he stops.
Can you arrest him without a warrant?
Yes. You saw an indictable offence (“theft over $5,000”)
•
occur, and pursued the offender until apprehension,
without losing sight of the offender.
June reports to you today that Ward assaulted her three 4.
days ago.
Can you arrest Ward today without a warrant?
Yes. “Assault” is a dual procedure offence that is treated
"
as indictable for the purposes of arrest. June is an
eyewitness, constituting reasonable grounds. No time
limit exists to arrest for an indictable offence.
You are questioning Wally, with his consent, about a 5.
robbery that occurred eight months ago. Wally
confesses to you.
Can you arrest him without a warrant?
Yes. “Robbery” is an indictable offence.
"
A confession constitutes reasonable grounds.
A six-month time limit is not imposed for indictable offences
You see Ralph (16) steal a $20,000 car. You pursue him, but lose sight of him. You see him 24 hours later. He is walking
on a sidewalk and you recognize him.
6.
Can you arrest Ralph without a warrant?
Yes. Stealing the car constitutes “theft over $5,000,” which is
"
an indictable offence. Although you saw the offence but
lost sight of the offender, you are an eyewitness, which
constitutes reasonable grounds. A police officer’s
authorities for arrest without warrant applies to young
offenders.
Wally reports the following to you right now: He met Eddie at 7.
a bar last night at 11:00 p.m. Eddie confessed to him that
he committed “break, enter and theft” at a house
situated at 10 King St., seven days ago.
Can you arrest Eddie without a warrant?
Yes. “Break, enter and theft” into a house is an indictable
"
offence. A confession to a citizen constitutes reasonable
grounds. Wally’s report to you is hearsay evidence.
Hearsay evidence may be used by you to form reasonable
grounds. No time limit exist.
June reports to you right now that she saw Eddie commit 8.
an “indecent act” on King St. one hour ago.
Can you arrest Eddie without a warrant
No. “Indecent act” is a summary conviction offence.
"
Although June’s eyewitness report constitutes
reasonable grounds, you did not see the offence occur.
Police officers must find committing to arrest without
warrant for summary convictions offences. However,
you may charge Eddie by laying an Information
anytime up to six months after the offence date. A
summons will then be issued and served to Eddie.
June reported to you yesterday at 5:00 p.m. that she 9.
received three obscene phone calls between 1:00 and
4:00 p.m. You develop a suspicion that Eddie, a next-
door neighbour, committed the offences. The
suspicion is based merely on unsubstantiated
speculation. You interrogate Eddie today, with his
consent. He confesses that he committed the
offences.
Can you arrest Eddie without a warrant?
Problem-Solving Case Studies
No. “Obscene phone calls” are summary conviction
"
offences. A confession constitutes reasonable
grounds. No lawful authority exists for a police officer
to arrest on reasonable grounds for summary
conviction offences. However, you may charge Eddie
at any time until six months after the offence date.
You are investigating an “attempted murder” that 10.
occurred five days ago. Ward is the victim. You form a
suspicion that Eddie may be the offender, based
merely on unsubstantiated speculation.
Can you arrest Eddie for suspicion of “attempted murder” or
for the purpose of questioning him in order to form
reasonable grounds?
No. No lawful authority exists to arrest if mere suspicion
"
exists, or for the purpose of questioning in order to form
reasonable grounds by means of a confession. In the
absence of reasonable grounds, you may question Eddie if
valid consent is obtained from him. “Attempted murder”
is an indictable offence. You must find committing or have
reasonable grounds to arrest without a warrant.
You see an intoxicated person walking toward his car. 11.
He insists that he is driving home. 12.
Can you arrest him?
Yes. “Impaired driving” is a dual procedure offence.
"
Reasonable grounds exist that this person is about
to commit this offence. You may arrest without
warrant to prevent the offence.
You arrive at a dispute between two people. One 12.
person becomes hostile and indicates, by means of
words and/or conduct, that he may assault the
other person.
Can you arrest him?
Yes. “Assault” is a dual procedure offence. Reasonable
•
grounds exist that the assault is about to occur. The
officer may arrest without a warrant to prevent the
assault.
June is a security guard at a community college. Clarence 13.
reports to her right now that he saw a man commit
“mischief under $5,000” 15 minutes ago, by breaking a
glass door in the college. The offender left the scene
immediately. Clarence recognizes Eddie as being the man who broke the window and informs June.
Can June arrest Eddie? (a)
Can Clarence arrest Eddie? (b)
June and Clarence call the police. Cst. Friendly arrives. (c)
Clarence reports his observation. Can Cst. Friendly find
Eddie and arrest him without a warrant?
No. Breaking the window is classified as “mischief under $5,000,” a dual
•
procedure offence. Clarence’s report constitutes reasonable grounds. June
did not find the offence being committed.
No. Clarence lost sight of Eddie after the offence ended. Clarence’s facial
•
recognition of Eddie after the offence, and loss of sight, constitute
reasonable grounds. No citizen may arrest on reasonable grounds.
Yes. A police officer may arrest without a warrant on reasonable grounds for a
•
dual procedure offence.
Would the answers change if this occurred during a storm and no police were available to attend?
Ward is at his house right now. He hears a news broadcast 14.
that Eddie is wanted for “robbery.” Eddie arrives at
Ward’s house 15 minutes later to visit.
Can Ward arrest Eddie?
No. “Robbery” is an indictable offence. Ward did not find
•
the offence being committed. The news broadcast
represented reasonable grounds.
June is a security guard at a community college. Clarence 15.
reports the following to her right now. Eddie told
Clarence one hour ago that he intended to steal a
college van that is currently parked near the main
building. Eddie is in a class right now.
Can June arrest Eddie to prevent the offence of “theft over $5,000”
No. June has no authority to arrest on reasonable
•
grounds that a person is about to commit an
indictable offence. The police should be notified and
the reasonable grounds transferred to an office.
-
Definitions in CC
are after every
section called
'ANNOTATIONS'.
"Anyone": see someone
committing an indictable
offence.
Indictable-"the big stuff"
Murder, kidnap,
treason
-
Criminal-every offence
described anywhere in
the book, anything
illegal.
Drugs, trespass
-
Every crime would be
summary, dual or
indictable.
Scenario:
If someone is stealing
and there is a security
guard behind them, you
are still allowed to
arrest them.
Ex. s.30 breach-stop,
arrest and detain until
police show up.
Has committed*
Knowing someone has
committed an
indictable offence.
OR on reasonable
grounds.
Shall: is a direct order
When police has
warrant-doesn’t
have to do any
thinking.
GO OVER S. 533,
30, 31, 494, 495
Indictable/Summary
for the powers of
arrest.
Upon arrest, not
classified as
'dual'.
-
When you see the word
'suspicion' and 'merely'
be very careful.
W2 Powers of Arrests & Detention
#$%&'()*+, -).%)&*,/0+,12/0 0322,45
Course Learning Outcomes:
On completion of this course the student will be able to:
Understand all relevant law and legislation, and professional, organizational, and ethical standards in the use of police
authority.
1.
Analyze the use of police powers. 2.
Make sound decisions based on an evaluation of situations. 3.
Assess crisis intervention strategies. 4.
Interpret the Criminal Code and other federal and provincial statutes to determining appropriate arrest authorities. 5.
Determine arrest authority based on type of offence. 6.
Assess situations to determine appropriate arrest procedures. 7.
Affect an arrest that complies with the Charter of Rights and Freedoms. 8.
Identify and analyze variables that influence a decision to search and seize. 9.
Identify and analyze legal guidelines governing search and seizure. 10.
Assess situations to determine appropriate search and seizure procedures. 11.
Given specific situations, assess consequences of illegal searches. 12.
Trace the interim release process identifying the points at which decisions can be made to release. 13.
Identify the roles and responsibilities of the law enforcement officer at each level of the interim release process:
arresting officer, officer in charge, justice of the peace, superior court.
14.
Apply criteria used to determine status of interim release to make and defend decisions in a variety of situations. 15.
Assess and choose release alternatives appropriate to the situation and to the point in the interim release process. 16.
Understand the use, limitations and ethical issues surrounding the use of police discretion. 17.
Explain consequences of exercising police discretionary authority. 18.
Use guidelines for police discretion to make decisions and defend the position taken. 19.
Powers of Arrests
Arrest
In law, the seizure and detention of a person, either to bring him before a court body or official, or to otherwise
secure the administration of the law.
-
•
Concept of Custody
Democratic society requires balance between an individual's right to freedom and society's need for protection from crime.
-
Police are given the authority to remove freedom.
-
Proper use of this authority provides the sought-for-balance.
-
To prevent abuse of this authority, two important factors are considered: limitations and accountability.
-
Police authority to remove an individual's liberty is limited to specific circumstances.
-
Police are accountable -they must justify the use of this authority.
-
Three ways of taking custody of a person:
Arrest with a warrant
1.
Arrest without a warrant
2.
Detention-we will discuss this later in class
3.
•
Concept of Custody
Arrest with a warrant -based on judicial authorization to take custody.
Police must first apply for and justify the need for the warrant.
-
Final decision to take custody made by a Justice, not by the police.
-
•
Arrest without a warrant —police take custody without judicial authorization.
Police make the final decision, not a Justice.
-
•
Concept of Custody
Criminal Code restricts use of Arrest without a warrant
-
to a narrow range of offences and circumstances, and it
identifies two groups of people permitted to exercise it:
Peace officers, defined in s. 2 C.C.
1.
“Anyone,” referring to citizens —ss.494 and 30
2.
C.C. authorize citizens to make arrests under
certain circumstances.
Criminal Code Overview
http://laws-lois.justice.gc.ca/eng/acts/C-46/index.html
Look up sections 30 and 494 of the Criminal Code
This section describes the power of any person, whether or not he is a peace officer, to arrest another person without a
warrant.
Describe where any peace officer/person may arrest without a warrant.
-
Preventing breach of peace S. 30
Every one who witnesses a breach of the peace is justified in interfering to prevent the continuance or renewal thereof
and may detain any person who commits or is about to join in or to renew the breach of the peace, for the purpose of
giving him into the custody of a peace officer, if he uses no more force than is reasonably necessary . . .
-
Arrest without warrant by any person -s. 494 (1)
Any one may arrest without warrant
1.
a person whom he finds committing an indictable offence; or
(a)
a person who, on reasonable grounds, he believes
(b)
has committed a criminal offence, and
i)
is escaping from and freshly pursued by persons who have lawful authority to arrest that person.
ii)
Arrest by owner, etc., of property's -494 (2)
The owner or a person in lawful possession of property, or a person authorized by the owner or by a person in lawful
possession of property,
1.
may arrest a person without a warrant if they find them committing a criminal offence on or in relation to that property
and
-
they make the arrest at that time; or(a)
they make the arrest within a reasonable time after the offence is committed and they believe on reasonable grounds
that it is not feasible in the circumstances for a peace officer to make the arrest.
(b)
Delivery to peace officer -s. 494 (3)
Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace
officer.
(3)
For greater certainty, a person who is authorized to make an arrest under this section is a person who is authorized by
law to do so for the purposes of section 25
(4)
What is the meaning of forthwith ?
-
Look up Sections 31 and 495 of the criminal code
This section describes the power of a peace officer, to arrest another person without a warrant.
-
Arrest for breach of peace -s. 31
Every peace officer who witnesses a breach of the peace and every one who lawfully assists the peace officer is justified
in arresting any person whom he finds committing the breach of the peace or who, on reasonable grounds, he believes is
about to join in or renew the breach of the peace.
(1)
Arrest without warrant by peace officer: s. 495 (1)
A peace officer may arrest without warrant(1)
a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about
to commit an indictable offence;
(a)
a person whom he finds committing a criminal offence; or(b)
a person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set
out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found.
(c)
Limitation s. 495 (2)
A peace officer shall not arrest a person without warrant for1.
an indictable offence mentioned in section 553, (a)
an offence for which the person may be prosecuted by indictment or for which he is punishable on summary conviction,
or
(b)
an offence punishable on summary conviction,(c)
in any case where
-
(d) he believes on reasonable grounds that the public interest, having regard to all the circumstances including the need to
establish the identity of the person,(i)
secure or preserve evidence of or relating to the offence, or(ii)
prevent the continuation or repetition of the offence or the commission of another offence,(iii)
may be satisfied without so arresting the person, and
-
(e) he has no reasonable grounds to believe that, if he does not so arrest the person, the person will fail to attend court in
order to be dealt with according to law.
Terms you NEED to know!
Finds Committing
To see the person actually committing the offence OR seeing the person commit the offence and pursuing him/her
immediately and continuously until arrested.
-
•
Reasonable Grounds
A set of facts or circumstances that would satisfy an ordinary cautious and prudent person that there is a reason to
believe and goes beyond mere suspicion.
-
•
Terms from the Criminal Code you NEED to know:
SHALL
Mandatory.
-
•
INCLUDES
Not restricted to that within others could be applicable.
-
•
MEANS
Meaning restricted to that provided.
-
•
AND
Both parts must be present.
-
•
OR
Either part will suffice.
-
•
MAY
Optional.
-
•
Powers of Custody
Sections 495 and 31 C.C. establish “powers of arrest without a warrant” authorities for police officers.
-
Sections 495 and 31 C.C. provide necessary balance between preventing false arrests and preventing offences.
-
Memorizing and recalling ss. 495 and 31 C.C. is not enough.
-
Police officers must make rapid decisions.
-
Decision-Making
Step 1: Offence recognition -
!
Step 2: Classify the offence -hybrid, indictable, dual?
!
Step 3: Classify the belief -developing reasonable grounds.
!
Step 4: Custody authority recognition -powers of arrest, shall? can?
!
Step 5: Search authority -these are the 5 steps an officer has to go thru when faced w/ any situation.
!
Arrest with warrant
Find the sections dealing with arrest with a warrant.
-
•
Committal Warrant -s. 744
A police officer SHALL arrest when a warrant of committal has been issued.
-
•
Warrant to compel appearance -s. 514
A warrant MAY be executed . . .
-
•
Problem-Solving Case Studies
Class Discussion
You return home from a weekend at the cottage, you find a window broken and you hear a noise inside. Just then a
man runs past you carrying your plasma screen TV. You chase him but lose him a short distance later.
1.
Three days later while pricing replacement TV's you see the man.
Can you arrest him? Why or why not?
-
-YES, you cannot arrest the man because
494(2) (b) they make the arrest within a reasonable time after the offence is committed and they believe on reasonable
grounds that it is not feasible in the circumstances for a peace officer to make the arrest.
A.
BREAK AND ENTER, INDICTABLE, you are the owner and you find him after-YES you have the right as the owner of the
property.
-
Problem-Solving Case Studies
You are a police officer in each case. Each offender is an adult, unless
otherwise indicated.
You are dispatched to a disturbance at a bar. Upon 1.
arrival, you see Eddie causing a disturbance inside.
Can you arrest without a warrant?
Yes. You saw a summary conviction offence
"
occur. You may arrest because you found the
offence being committed.
You are dispatched to a domestic dispute at a house. 2.
Upon arrival, you see Ward assault June inside the
house.
Can you arrest Ward without a warrant
Yes. You saw a summary conviction offence occur. You may arrest because you found the offence being committed.
"
You see Wally steal a $20,000 car and you pursue him 3.
continuously until he stops.
Can you arrest him without a warrant?
Yes. You saw an indictable offence (“theft over $5,000”)
•
occur, and pursued the offender until apprehension,
without losing sight of the offender.
June reports to you today that Ward assaulted her three 4.
days ago.
Can you arrest Ward today without a warrant?
Yes. “Assault” is a dual procedure offence that is treated
"
as indictable for the purposes of arrest. June is an
eyewitness, constituting reasonable grounds. No time
limit exists to arrest for an indictable offence.
You are questioning Wally, with his consent, about a 5.
robbery that occurred eight months ago. Wally
confesses to you.
Can you arrest him without a warrant?
Yes. “Robbery” is an indictable offence.
"
A confession constitutes reasonable grounds.
A six-month time limit is not imposed for indictable offences
You see Ralph (16) steal a $20,000 car. You pursue him, but lose sight of him. You see him 24 hours later. He is walking
on a sidewalk and you recognize him.
6.
Can you arrest Ralph without a warrant?
Yes. Stealing the car constitutes “theft over $5,000,” which is
"
an indictable offence. Although you saw the offence but
lost sight of the offender, you are an eyewitness, which
constitutes reasonable grounds. A police officer’s
authorities for arrest without warrant applies to young
offenders.
Wally reports the following to you right now: He met Eddie at 7.
a bar last night at 11:00 p.m. Eddie confessed to him that
he committed “break, enter and theft” at a house
situated at 10 King St., seven days ago.
Can you arrest Eddie without a warrant?
Yes. “Break, enter and theft” into a house is an indictable
"
offence. A confession to a citizen constitutes reasonable
grounds. Wally’s report to you is hearsay evidence.
Hearsay evidence may be used by you to form reasonable
grounds. No time limit exist.
June reports to you right now that she saw Eddie commit 8.
an “indecent act” on King St. one hour ago.
Can you arrest Eddie without a warrant
No. “Indecent act” is a summary conviction offence.
"
Although June’s eyewitness report constitutes
reasonable grounds, you did not see the offence occur.
Police officers must find committing to arrest without
warrant for summary convictions offences. However,
you may charge Eddie by laying an Information
anytime up to six months after the offence date. A
summons will then be issued and served to Eddie.
June reported to you yesterday at 5:00 p.m. that she 9.
received three obscene phone calls between 1:00 and
4:00 p.m. You develop a suspicion that Eddie, a next-
door neighbour, committed the offences. The
suspicion is based merely on unsubstantiated
speculation. You interrogate Eddie today, with his
consent. He confesses that he committed the
offences.
Can you arrest Eddie without a warrant?
Problem-Solving Case Studies
No. “Obscene phone calls” are summary conviction
"
offences. A confession constitutes reasonable
grounds. No lawful authority exists for a police officer
to arrest on reasonable grounds for summary
conviction offences. However, you may charge Eddie
at any time until six months after the offence date.
You are investigating an “attempted murder” that 10.
occurred five days ago. Ward is the victim. You form a
suspicion that Eddie may be the offender, based
merely on unsubstantiated speculation.
Can you arrest Eddie for suspicion of “attempted murder” or
for the purpose of questioning him in order to form
reasonable grounds?
No. No lawful authority exists to arrest if mere suspicion
"
exists, or for the purpose of questioning in order to form
reasonable grounds by means of a confession. In the
absence of reasonable grounds, you may question Eddie if
valid consent is obtained from him. “Attempted murder”
is an indictable offence. You must find committing or have
reasonable grounds to arrest without a warrant.
You see an intoxicated person walking toward his car. 11.
He insists that he is driving home. 12.
Can you arrest him?
Yes. “Impaired driving” is a dual procedure offence.
"
Reasonable grounds exist that this person is about
to commit this offence. You may arrest without
warrant to prevent the offence.
You arrive at a dispute between two people. One 12.
person becomes hostile and indicates, by means of
words and/or conduct, that he may assault the
other person.
Can you arrest him?
Yes. “Assault” is a dual procedure offence. Reasonable
•
grounds exist that the assault is about to occur. The
officer may arrest without a warrant to prevent the
assault.
June is a security guard at a community college. Clarence 13.
reports to her right now that he saw a man commit
“mischief under $5,000” 15 minutes ago, by breaking a
glass door in the college. The offender left the scene
immediately. Clarence recognizes Eddie as being the man who broke the window and informs June.
Can June arrest Eddie? (a)
Can Clarence arrest Eddie? (b)
June and Clarence call the police. Cst. Friendly arrives. (c)
Clarence reports his observation. Can Cst. Friendly find
Eddie and arrest him without a warrant?
No. Breaking the window is classified as “mischief under $5,000,” a dual
•
procedure offence. Clarence’s report constitutes reasonable grounds. June
did not find the offence being committed.
No. Clarence lost sight of Eddie after the offence ended. Clarence’s facial
•
recognition of Eddie after the offence, and loss of sight, constitute
reasonable grounds. No citizen may arrest on reasonable grounds.
Yes. A police officer may arrest without a warrant on reasonable grounds for a
•
dual procedure offence.
Would the answers change if this occurred during a storm and no police were available to attend?
Ward is at his house right now. He hears a news broadcast 14.
that Eddie is wanted for “robbery.” Eddie arrives at
Ward’s house 15 minutes later to visit.
Can Ward arrest Eddie?
No. “Robbery” is an indictable offence. Ward did not find
•
the offence being committed. The news broadcast
represented reasonable grounds.
June is a security guard at a community college. Clarence 15.
reports the following to her right now. Eddie told
Clarence one hour ago that he intended to steal a
college van that is currently parked near the main
building. Eddie is in a class right now.
Can June arrest Eddie to prevent the offence of “theft over $5,000”
No. June has no authority to arrest on reasonable
•
grounds that a person is about to commit an
indictable offence. The police should be notified and
the reasonable grounds transferred to an office.
-
Definitions in CC
are after every
section called
'ANNOTATIONS'.
"Anyone": see someone
committing an indictable
offence.
Indictable-"the big stuff"
Murder, kidnap,
treason
-
Criminal-every offence
described anywhere in
the book, anything
illegal.
Drugs, trespass
-
Every crime would be
summary, dual or
indictable.
Scenario:
If someone is stealing
and there is a security
guard behind them, you
are still allowed to
arrest them.
Ex. s.30 breach-stop,
arrest and detain until
police show up.
Has committed*
Knowing someone has
committed an
indictable offence.
OR on reasonable
grounds.
Shall: is a direct order
When police has
warrant-doesn’t
have to do any
thinking.
GO OVER S. 533,
30, 31, 494, 495
Indictable/Summary
for the powers of
arrest.
Upon arrest, not
classified as
'dual'.
-
When you see the word
'suspicion' and 'merely'
be very careful.
W2 Powers of Arrests & Detention
#$%&'()*+, -).%)&*,/0+,12/0 0322,45
Document Summary
On completion of this course the student will be able to: Understand all relevant law and legislation, and professional, organizational, and ethica authority. Make sound decisions based on an evaluation of situations. Interpret the criminal code and other federal and provincial statutes to determining ap. Determine arrest authority based on type of offence. Affect an arrest that complies with the charter of rights and freedoms. Identify and analyze variables that influence a decision to search and seize. Identify and analyze legal guidelines governing search and seizure. Assess situations to determine appropriate search and seizure procedures. Given specific situations, assess consequences of illegal searches. Trace the interim release process identifying the points at which decisions can be made. Identify the roles and responsibilities of the law enforcement officer at each level of th arresting officer, officer in charge, justice of the peace, superior court. Apply criteria used to determine status of interim release to make and defend decisions.