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.
Due to their inclination to violence and extreme exertion, persons exhibiting the symptoms of excited delirium are often…
restrained for their own protection and the protection of others.
Members should be cognizant of positional asphyxia when dealing with persons exhibiting the symptoms of excited delirium, and therefore should
unless circumstances make it impossible, restrain the person in a sitting position as noted above.
Persons exhibiting the symptoms of excited delirium must always be treated as…
suffering from a medical emergency and once secured, be transported to hospital for examination.
Race and Identity-Based Data Collection, As outlined in Procedure 16–07, the Toronto Police Services Board Policy entitled “Race-Based Data Collection, Analysis and Public Reporting” requires the Toronto Police Service (Service) to…
collect, analyze and publicly report on data related
to the race of those individuals with whom Service members interact.
Police Officer
1. When making an arrest SHALL
identify themselves as a police officer
inform the person that they are under arrest
inform the person of the reason for the arrest
take physical control of the person
inform the person of the Right to Counsel, including the existence and availability of duty counsel and free legal
advice (Legal Aid)
ensure that the person understands the Right to Counsel
search the person in compliance with Procedure 01–02
place the person in handcuffs in accordance with training and utilize the double lock mechanism where possible
when handcuffs are not used, be prepared to justify this decision
Keeping in mind officer and public safety, officers may use discretion when determining whether to handcuff an individual as it may not be practical or necessary in all circumstances (e.g. due to a person’s medical condition, age, disability, pregnancy, or frailty).
allow reasonable access to a telephone as soon as practicable
ensure that, when an arrested person has the care, charge or custody of another person who, because of age,
physical or medical condition, is unable to care for themselves, every effort is made to obtain interim care for the dependent person
Police Officer - When making an arrest SHALL, In all cases of arrest, regardless of the authority used or whether charges are laid, SHALL
conduct a Person Query, including a CPIC check, obtaining details on any positive result
record pertinent information in the memorandum book including, but not limited to
reason for the arrest
reason for the release or continued detention of the person
all details regarding the person (identification and description)
all other relevant details regarding the incident
complete the applicable eReports
comply with the applicable release/detention procedure
if the arrest involves an arrest warrant, check the Master Name Index (MNI); note any previous arrest number and
case number and comply with the applicable procedure
comply with Procedure 17–01 (NIP), if applicable
serve documents required for court on the person, if applicable
submit all documents to the Officer in Charge prior to the completion of the tour of duty
Police Officer - When making an arrest When a non–violent person is arrested for being intoxicated in a public place SHALL comply with
Procedure 03–05 (NIP).
Police Officer - When making an arrest When dealing with an arrested person who has ingested a potentially harmful substance (e.g. cocaine, methanol, etc.) and appears to require medical attention SHALL immediately
if necessary, and if qualified in standard first aid, perform first aid on that person
comply with Procedures 01–03 and 10–06 (NIP)
ensure the person is transported to the nearest hospital
Police Officer - When making an arrest When dealing with a prisoner who cannot communicate in English or has difficulty communicating due to a medical
problem SHALL comply with
Procedure 04–09. (NIP)
When considering the continued detention of an arrested person who is accompanied by a guide dog due to blindness, visual impairment, hearing impairment, or other physical disability, SHALL
make reasonable effort to have the guide dog accommodated by friends or relatives, or contact the Toronto Police Operations Centre (TPOC) for further resources such as Canine Vision Canada or the Humane Society
not transport the guide dog to court with the prisoner
When releasing a person following arrest SHALL make reasonable efforts to - having regard for the circumstances and the time and place of release…
ensure the safety of other persons who may be affected by the release and the safety of the person being released
When releasing a person on either a Form 9 or Form 10, or when proceeding by way of criminal summons SHALL
serve the person with a TPS 493.
When dealing with an incident involving a person who provides identification as a diplomatic or consular official SHALL
comply with Procedure 04–12 (NIP)
not arrest a person on these premises
Foreign embassies and consulates are considered foreign land and outside the jurisdiction of police officers.
When arresting a foreign national…
SHALL comply with Procedure 04–13 (NIP)
should not normally arrest a person during a religious ceremony or judicial hearing
Officer in Charge
When an arrest has been made SHALL ensure
consideration is given to the public interest in deciding to continue the detention of an arrested person including
the need to
establish the identity of that 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 of or witness to the offence
all required eReports are completed promptly
the particulars are recorded in the Unit Commanders Morning Report (UCMR), as required
compliance with the appropriate release provisions of the CC pursuant to the respective procedure
Officer in Charge - When releasing a person SHALL ensure they have been served with a
TPS 493.
