Arrest Authorities

Question 1

Balance within democratic society?

Answer 1

between rights to freedom of individuals and society’s need for protection from crimes

Question 2

What is police?

Answer 2

• given authority to remove freedom. proper use of authority

Question 3

two factors considered to prevent abuse of authority?

Answer 3

1. limitations: authority to remove individual’s liberty is limited
2. accountability: police must justify use of authority

Question 4

three ways of taking custody of person?

Answer 4

1. arrest with warrant
2. arrest without warrant
3. detention

Question 5

Arrest with warrant?

Answer 5

• judicial authorization to take custody
• apply for and justify need for warrant
• made by a justice, not police
• if see something illegal in plain view–> no need warrant.

Question 6

arrest without warrant?

Answer 6

• police take custody without judicial authorization
• police make decision
• more often
• narrow range of offences and circumstance.

Question 7

search incident arrest?

Answer 7

• can search after arrest: weapons, means of response, evidence
• citizen can also do it

Question 8

Citizen arrest: s. 30?

Answer 8

• anyone seeing breach of peace can arrest person ad give them to peace officer. no more force than necessary

Question 9

Citizen arrest: s. 494(1):

Answer 9

anyone may arrest without warrant:
a) a person they find committing indictable offence (dual offence considered indictable)
b) person who on reasonable grounds believes: has committed criminal offence, and escaping from lawful authority

Question 10

Citizen arrest: s. 494(2):

Answer 10

• owner in lawful possession of property may arrest person if they find them committing criminal offence to property (or person authorized by owner)
  a) they make arrest at time
  b) arrest within reasonable time.

Question 11

Citizen arrest: s. 494 (3)

Answer 11

• anyone shall forthwith (as soon as possible) deliver person to peace officer

Question 12

Citizen arrest: s. 494(4)

Answer 12

• person authorized to make arrests is authorized by law to do so under s. 25.

Question 13

Peace Officer arrest: s. 31(1):

Answer 13

• every peace officer who witnesses breach of peace and anyone helping peace officer: justified or on reasonable ground believes he is about to breach peace.

Question 14

Peace Officer arrest: s. 495 (1):

Answer 14

may arrest without warrant
a) person who committed indictable offence or on reasonable grounds believes has or will commit offence.
b) whom he finds committing criminal offences
c) when there is warrant out for arrest of person

Question 15

Peace officer arrest: s. 495(2):

Answer 15

shall not arrest person without warrant for:
a) indictable offence s. 553(theft under $5000
b) offence may be prosecuted by dual offence
c) offence on summary conviction

Question 16

Peace officer arrest: s. 495(2) d

Answer 16

shall not arrest person without warrant:
d) believes on reasonable ground that public interest, having regard to all circumstances including the need to:
R: repetition: wont reoffend
I: identity: know identity
C: court: will show up to court
E: evidence: secure
if anyone of these is missing they can arrest.

Question 17

Principle of Restraint?

Answer 17

s. 493.1: peace officer shall give primary consideration to release accusd
s. 493.2: shall consider not arresting
a) aboriginal accused
b) vulnerable population.

Question 18

Two tests that arrests made on reasonable grounds must pass?

Answer 18

1. Subjective Test: did officer believe, in his mind/experience, that person committed offence?
2. Objective Test: would a person, other than officer, believe person committed offence?

Question 19

Meaning of “finds committing”?

Answer 19

see person commit offence

Question 20

Meaning of Reasonable grounds?

Answer 20

fact/circumstance that satisfy ordinary cautious

Question 21

Decision making?

Answer 21

1. offence recognition
2. classify offence
3. classify belief
4. custody authority recognition
5. search authority

Question 22

Making arrest?

Answer 22

1. identify self
2. physical control of person
3. use appropriate amount of force
4. tell person they are under arrest
5. tell them why
6. right to counsel

Question 23

Time limits for arrests?

Answer 23

• indictable: no limit
• summary: 6 months.