JUST*1020 Lecture Notes - Lecture 2: Police Authority, Indictable Offence, Child Custody
Document Summary
Actual restraint on a person"s liberty w/o that person"s consent; physical custody of a person w/ the intent to detain . Detaining a person for the purpose of bringing the accused before the court (barnhorst: applies to everything but breach of the peace, b/c botp (breach of the peace) you can"t bring them into the court. Key points regarding arrest: there are 2 elements in an arrest, the officer"s intention to detain, physical custody, an arrest is formal. The phrase powers of arrest used to be connected exclusively to ss. Grounds for beliefs were either reasonable and probable grounds or mere suspicion. Emergence of investigative detention laws have transformed police powers to arrest. : investigative detention- asking someone to stay while you investigate. Even though you don"t have a warrant in hand. Used mostly in protests- people sitting in the middle of the road causing traffic jams and disturbances, the police can come in and arrest you.
