arrest 01-01

Question 1

Compliance with this Procedure will ensure that arrests are conducted and reported in a manner consistent with what?

Answer 1

all legal principles and best practices

Question 2

Section ___ of the Criminal Code (CC) provides authorities for arrest without warrant by any person.

Answer 2

494

Question 3

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 (5)

Answer 3

• 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 of or witness to the offence

Question 4

In circumstances where the public interest is satisfied, an offender must be released by way of (3)

Answer 4

• 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).

Question 5

In circumstances where a continued detention is justified, the arrested person must be taken where?

Answer 5

before an Officer in Charge

Question 6

Is there a general arrest authority for contravention of a Provincial Statute?

Answer 6

No, a reference must be made to an individual statue for specific arrest authorities

Question 7

Entry to a dwelling–house to affect an arrest is prohibited unless what? (5)

Answer 7

• the arrest warrant is endorsed with an authorization to enter under ss. 529(1) CC, or
• the arrest warrant is accompanied by a separate entry authorization warrant issued under s. 529.1 CC, or
• 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

Question 8

In all cases, members shall ensure proper announcement is made prior to entry (identification, purpose of entry, etc.) except when?

Answer 8

• 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.

Question 9

Members should be aware that certain restraint positions (i.e. stomach down) might compromise heart and lung functions increasing the risk of death. 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. This is to prevent what?

Answer 9

Positional Asphyxia

Question 10

What 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
 -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

Answer 10

Excited Delirium

Question 11

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. True or False

Answer 11

True

Question 12

Police Officer
In all cases of arrest, regardless of the authority used or whether charges are laid, shall submit all documents to whom and when?

Answer 12

The Officer in Charge prior to the completion of the tour of duty.

Question 13

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 do what? (2)

Answer 13

• 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

Question 14

When releasing a person following arrest shall make reasonable efforts to ensure the safety of other persons who may be affected by the release and the safety of the person being released, having regard for what?

Answer 14

The circumstances and the time and place of release.

Question 15

Do police officers have jurisdiction on foreign embassies and consulates?

Answer 15

no, they are considered foreign land.

Question 16

OIC

- when an arrest has been made shall ensure what?

Answer 16

• consideration is given to the public interest in deciding to continue the detention of an arrest 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 UCMR, as required
• compliance with the appropriate release provisions of the CC pursuant to the respective procedure