01-01 Arrest Flashcards
What is the Rationale?
Compliance with this Procedure will ensure that arrests are conducted and reported in a manner consistent with all legal principles and best practices.
What Criminal Code section provides authorities for arrest without warrant by any person?
Section 494 of the Criminal Code (CC)
What additional authorities to arrest without warrant is given to any person in s. 494 CC?
a peace officer is given additional authorities under ss. 495(1), 524(2), 525(6) and 31(1) CC.
A peace officer may arrest any person who, under 495(1)
a) has committed an indictable offence, or a person the officer believes on REASONABLE GROUNDS has committed or is about to commit an indictable offence
b) the officer finds committing a criminal offence
c) on REASONABLE GROUNDS, 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, or
A peace officer may arrest any person who, under 524(2) and 525(6)
d) has contravened or is about to contravene the terms of a criminal release
e) has committed an indictable offence while on release for a criminal offence
A peace officer may arrest any person who, under 31(1)
f) is found committing or it is believed on REASONABLE GROUNDS is about to commit a breach of the peace
In the Continuation of Arrest, A police officer SHALL not arrest a person without warrant for?
summary conviction, dual procedure or 553 indictable offences where there are REASONABLE GROUNDS to believe the public interest has been satisfied having regard to all the circumstances including the need to
establish the identity of the person
secure or preserve evidence
prevent the continuation or repetition of an offence
ensure that the accused will appear in court
ensure the safety and security of any victim or of witness to the offence.
In the Continuation of Arrest, in circumstances where the public interest is satisfied, an offender must be released how?
unconditionally with no intent to proceed to court
unconditionally with intent to seek a criminal summons, or
by way of an Appearance Notice (Form 9).
A police officer may continue the arrest (summary, dual, indictable 553 offences) of a person where…
the public interest is not satisfied or for any indictable offence other than dual procedure and 553 indictable offences.
Where are the criteria for satisfying the ‘public interest’ set out?
s. 497 CC.
In circumstances where a continued detention is justified…
the arrested person must be taken before an Officer in Charge.
What is not a valid reason for the continuation of an arrest?
The lack of appropriate release documentation to be served at an arrest scene
Under Provincial Offences, A police officer may also arrest a person under other authorities found in individual Provincial Statutes such as….
the Highway Traffic Act, the Liquor Licence Act, and the Trespass to Property Act.
There is no general arrest authority for contravention of a __________, and reference must be made to individual statutes for specific arrest authorities.
Provincial Statute.
Arrest in a Dwelling-House (Feeney Warrants), As a general rule, police officers are required to obtain a…
warrant prior to entering a dwelling–house to arrest a person.
Entry to a dwelling–house to affect an arrest is prohibited unless the arrest warrant is endorsed with an…
authorization to enter under ss. 529(1) CC, or
Entry to a dwelling–house to affect an arrest is prohibited unless the arrest warrant is accompanied by a separate
entry authorization warrant issued under s. 529.1 CC, or
Entry to a dwelling–house to affect an arrest is prohibited unless also:
- when there are REASONABLE GROUNDS to suspect that entry into the dwelling–house is necessary to prevent imminent bodily harm or death to any person, or
- when there are REASONABLE GROUNDS to believe that evidence relating to the commission of an indictable offence is present in the dwelling–house and that entry into the dwelling–house is necessary to prevent the imminent loss or imminent destruction of evidence, or
- in circumstances of fresh pursuit.
Prior to entering a dwelling–house to execute an arrest warrant, members SHALL, whenever possible, obtain
an endorsement on the arrest warrant under ss. 529(1) CC, or
an authorization warrant (Form 7.1) under s. 529.1 CC.
The authorization to enter may include such restrictions and conditions…
as the issuing Justice believes reasonable to place on the arrest process.
In all cases, members SHALL ensure proper announcement is made prior to entry (identification, purpose of entry, etc.) except
as provided on the warrant, or
where there are REASONABLE GROUNDS to believe that prior announcement of the entry would
expose the officer or any other person to imminent bodily harm or death, or
result in the imminent loss or imminent destruction of evidence relating to the commission of an indictable
offence.
Medical Considerations - Members should be aware that certain restraint positions (i.e. stomach down) might compromise heart and lung functions increasing the risk of death, This is called what?
Positional Asphyxia - Unless circumstances make it impossible, persons should be restrained in a sitting position while being closely watched. Use of the sitting position permits easier breathing and cardiac function while affording good positional control over the individual.
Medical Considerations - The condition that can be caused by drug or alcohol intoxication, psychiatric illness or a combination of both.
Excited Delirium
Excited Delirium - Symptoms displayed by persons suffering from the condition may include any combination of:
abnormal tolerance to pain
abnormal tolerance to pepper spray
acute onset of paranoia
bizarre or aggressive behaviour
disorientation
hallucinations
impaired thinking
panic
shouting
sudden calm after frenzied activity
sweating, fever, heat intolerance
unexpected physical strength
violence towards others.
