01-01 Arrest Flashcards
Arrest Authority
Section —– of the Criminal Code (CC) provides authorities for arrest without warrant by any person
494
Arrest Authority
A peace officer may arrest any person who
——- a) has committed an ——— offence, or a person the officer believes on reasonable grounds
has committed or is ———- to commit an indictable offence
b) the officer finds committing a ——— offence
c) on reasonable grounds, the officer believes is wanted on a ——- of arrest or committal,
which is in force within the territorial ——– where the person is found
495(1)
indictable
about
criminal
warrant
jurisdiction
Arrest Authority
—– (2) and —- (6) d) has contravened or is about to contravene the terms of a ——– release
e) has committed an ——– offence while on release for a criminal offence
524
525
criminal
indictable
—– f) is found committing or it is believed on reasonable grounds is about to commit a breach of the peace
31(1)
Continuation of Arrest
A police officer shall not arrest a person without warrant for summary conviction, dual procedure or —— ————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 ——– of the person
——— or preserve evidence
prevent the ———–or repetition of an offence
ensure that the accused will appear in ———-
ensure the safety and ——-of any victim or of ———to the offence
553
indictable
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
Continuation of Arrest
In circumstances where the public interest is satisfied, an offender must be released
—————- with no ——– to proceed to court
unconditionally with intent to seek a criminal ———, or
by way of an ———- Notice (Form 9)
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)
Continuation of Arrest
A police officer —— continue the arrest (summary, dual, indictable 553 offences) of a person where the public interest is —-satisfied or for any indictable offence other than dual procedure and 553 indictable offences. The criteria for satisfying the ‘public interest’ are set out in s. —— CC.
MAY
not
497
Continuation of Arrest
In circumstances where a continued detention is justified, the arrested person must be taken before an ——— .
The lack of appropriate release documentation to be served at an arrest scene is not a valid reason
for the continuation of an arrest.
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 ——–arrest authority for contravention
of a Provincial Statute, and reference must be made to individual statutes for specific arrest authorities.
Officer in Charge
general
Arrest in a Dwelling-House (Feeney Warrants)
the arrest warrant is —— with an authorization to enter under ss. —— CC, or
the arrest warrant is accompanied by a —– entry authorization warrant issued under s. —— CC, or
when there are reasonable grounds to —— 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 —–that evidence relating to the ——- of an ——-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 —— .
endorsed
529(1)
separate
529.1
suspect
believe
commission
indictable
pursuit
Arrest in a Dwelling-House (Feeney Warrants)
an endorsement on the arrest warrant under ss. 529(1) CC, or
an authorization warrant (Form —) under s. 529.1 CC
Authorizations to enter may include such —— and conditions as the issuing justice believes reasonable to place on the arrest process
7.1
restrictions
Arrest in a Dwelling-House (Feeney Warrants)
In all cases, members shall ensure —– announcement is made prior to entry (identification, purpose of entry, etc.)
EXCEPT
as provided on the —— , or
where there are reasonable grounds to —— that prior announcement of the entry would
——- 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 —— of an indictable offence.
proper
warrant
believe
expose
commission
Medical Considerations
Positional Asphyxia
Members should be aware that certain restraint positions (i.e. stomach down) might compromise —-and lung functions increasing the risk of —–. Unless circumstances make it impossible, persons should be restrained in a —– position
while being closely —– . Use of the sitting position permits easier breathing and cardiac function while affording good positional ———over the individual.
heart
death
sitting
watched
control
Excited delirium is a condition that can be caused by drug or alcohol intoxication, psychiatric illness or a combination of
both. Symptoms displayed by persons suffering from the condition may include any combination of
BAAAD HIP SSSUV
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 ——– to violence and extreme exertion, persons exhibiting the symptoms of excited delirium are often —– for their own protection and the protection of others. Members should be cognizant of positional —— when dealing with persons exhibiting the symptoms of excited delirium and, 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 ——— .
inclination
restrained
asphyxia
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.
awareness
Police Officer
- When making an arrest shall
i———-themselves as a police officer
i———-the person that they are under a———
inform the person of the r——–for the arrest
take physical c——- of the person
inform the person of the Right to Counsel, including the existence and availability of d———-counsel and free legal advice (Legal Aid)
ensure that the person u———–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 d——lock mechanism where possible
when handcuffs are not used, be prepared to ——- this decision
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
Police Officer
Keeping in mind officer and public safety, officers may use —– 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).
discretion
Police Officer
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 —–care for the dependent person
interim
Police Officer
- 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 —– detention of the person
all details regarding the person (identification and description)
all other relevant details regarding the incident
continued
Police Officer
complete the applicable eReports
comply with the applicable release/detention procedure
if the arrest involves an arrest warrant, check the ———-; note any previous arrest number and case number and comply with the applicable procedure
comply with Procedure 17–01, if applicable
serve documents required for – on the person, if applicable
submit all documents to the Officer in Charge prior to the completion of the tour of duty
Master Name Index (MNI)
court
Police Officer
- When a non–violent person is arrested for being intoxicated in a public place shall comply with Procedure 03–05.
- 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 —–, perform first aid on that person
comply with Procedures 01–03 and 10–06
ensure the person is transported to the nearest hospital
first aid
Police Officer
- 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. - 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 —– , or contact the Toronto Police Operations Centre (TPOC) for further resources such as —— Canada or the —–
not transport the guide dog to —- with the prisoner
relatives
Canine Vision
Humane Society
court
Police Officer
- When releasing a person following arrest shall make reasonable efforts to ensure the ——- of other persons who may be affected by the release and the safety of the person being released, having regard for the circumstances and the time and place of release.
- 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 ——
safety
TPS 493
Police Officer
- When dealing with an incident involving a person who provides identification as a diplomatic or consular official shall
comply with Procedure 04–12
not arrest a person on these premises
Foreign embassies and consulates are considered foreign land and outside the jurisdiction of police
officers.
10.When arresting a foreign national
shall comply with Procedure 04–13
should not normally arrest a person during a religious ceremony or judicial hearing
