ADJ-1 Lecture 28: Introduction to the Administration of Justice 28
26 Oct 2020
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Legal rules regulate to some extent, what the police can and cannot do in the investigation of offences. Attempt to achieve a balance between the community interest in law enforcement and the individual interests in liberty, privacy, security of the person, dignity, autonomy, etc. We will address some of the major rules: note that there are often important exceptions and nuances. The police often detains people when investigating offences: meaning they assume control over the movement of a person either physically or psychologically, this is usually before they have grounds to arrest the person. Arbitrary detentions occur all the time: traffic and impaired driving enforcement. But outside context of driving-related enforcement, there is no general power to detain individuals arbitrarily. However, the police do not have the power to detain for investigative purposes when the detention is not arbitrary but also not authorized by powers of arrest: i. e.
