01-01 Arrest Flashcards
What section of the Criminal Code provides authorities for arrest without warrant by any person?
Section 494
What additional authorities are given to peace officers under the Criminal Code?
Sections 495(1), 524(2), 525(6), and 31(1)
Under what circumstances can a peace officer arrest a person according to section 495(1)?
A peace officer may arrest a person who:
* has committed an indictable offence
* is found committing a criminal offence
* is believed to be wanted on a warrant of arrest
* has contravened the terms of a criminal release
* has committed an indictable offence while on release.
What factors must be considered regarding public interest for summary conviction or dual procedure offences?
The need to:
* establish the identity of the person
* secure or preserve evidence
* prevent the continuation or repetition of an offence
* ensure the accused will appear in court
* ensure the safety and security of any victim or witness.
What must happen to an offender if public interest is satisfied?
The offender must be released:
* unconditionally with no intent to proceed to court
* unconditionally with intent to seek a criminal summons
* by way of an Appearance Notice (Form 9).
True or False: A police officer can continue the arrest of a person for summary conviction offences if the public interest is not satisfied.
True
What is generally required before police officers can enter a dwelling-house to arrest a person?
A warrant must be obtained.
Under what conditions can police enter a dwelling-house without a warrant to make an arrest?
Entry is allowed if:
* the arrest warrant is endorsed with an authorization to enter
* there are reasonable grounds to suspect imminent bodily harm or death
* there is imminent loss or destruction of evidence
* in circumstances of fresh pursuit.
What is positional asphyxia?
A condition where certain restraint positions may compromise heart and lung functions, increasing the risk of death.
What symptoms may indicate excited delirium?
Symptoms may include:
* abnormal tolerance to pain
* acute onset of paranoia
* bizarre or aggressive behavior
* hallucinations
* unexpected physical strength.
When dealing with a person exhibiting symptoms of excited delirium, how should they be restrained?
In a sitting position, unless circumstances make it impossible.
What does the Toronto Police Services Board Policy require regarding race and identity-based data collection?
It requires the collection, analysis, and public reporting of data related to the race of individuals with whom service members interact.
What must a police officer do when making an arrest?
The officer must:
* identify themselves
* inform the person they are under arrest
* inform the reason for the arrest
* take physical control
* inform about Right to Counsel
* search the person
* handcuff the person as necessary.
Fill in the blank: A police officer may use discretion when determining whether to _______ an individual.
[handcuff]
What should be done when a person is arrested for being intoxicated in a public place?
Comply with Procedure 03–05.
