01-01 Arrest Flashcards
495(1) a peace officer may arrest any person who
A) has committed an indictable offense, or a person the officer believes on R.G has committed or is about to commit an indictable offense
B) the officer finds committing a
criminal offense
C) on R.G the officer believes is wanted on a warrant of arrest or committal which is in force within the territorial jurisdiction where the person is found
524(2) and 525(6)
Has contravened or is about to contravene the terms of a criminal release
Has committed an indictable offense while on release for a criminal offense
31(1)
Is found committing or it is believed on R.G is about to commit a breach of the peace
Arrest in dwelling house Feeney
Entry to a dwelling house to affect an arrest is prohibited unless
The arrest warrant is endorsed with authorization to enter 529(1)
The arrest warrant is accompanied by a separate entry authorization warrant issued under 529(1)
When there are R.G to suspect that entry is necessary to prevent imminent bodily harm or death
When there are R.G to believe that evidence relating to the commission of an indictable offence is present in the dwelling house and that entry is necessary to prevent thr imminent loss or destruction of evidence
In circumstances of fresh pursuit
What is position asphyxia
Stomach down may compromise heart and lung functions increasing risk of death. Person should be restrained in a sitting position while being closely watched.
What is excited delirium
Is a condition that can be caused by drug, alcohol intoxication, psychiatric illness or a combination of both
Symptoms of excited delirium
Abnormal tolerance to pain Abnormal tolerance to pepper spray Acute onset of paranoia Bizarre or aggressive behavior Disorientation Hallucinations Impaired thinking Panic Shouting Sudden calm after frenzied activities
Race based data collection
Tps is required to collect, analyze and publicly report on data related to race of those with whom we interact
01-02 search of persons
Self identified trans or gender diverse. Who searches
Male officer only
Female officer only
Split search
Items of religious significance
Immediate risk of Injury Immediate risk of escape Immediate risk of destruction of evidence Safety of the member Safety of the person Safety of the public
Search authority
A police officer may search a person
With persons consent
When authorized by statue
After an arrest has been made common law- incident to an arrest
Consent search
Persons not under arrest
A police officer must be able to demonstrate consent was informed a freely given
A person must understand the consequences of the search prior to giving consent
Search authorized by statue
Criminal code
Cdsa
Lla
Search incident to arrest
Is found in common law and upheld by the Supreme Court cloutier vs Langlois 1990
Police may search for
Weapons
Anything that could cause injury(drugs, alcohol)
Anything that could assist in the person escape
Evidence
Assitive/prosthetic device
Means a device used to replace, compensate for or improve the functional abilities of people with disabilities or for trans or gender diverse person to affirm gender identity.
