Arrests and Searches

Question 1

What is the Rationale behind an Arrest?

Answer 1

To ensure that arrests are conducted and reported in a manner consistent with all legal principles and best practises.

Question 2

What section is the Arrest authority in the Criminal code?

Answer 2

Section 494 of the Crminal code provides authorities for arrest without warrant by any person.

Question 3

Continuation of Arrest: A Police officer shall not arrest a person without warrant for a summary conviction, dual procedure or 553 Indictable offences, Where there are readonable grounds to beleive the public interest has been satisfied, Having regard to all the circumstances including the need to:

Answer 3

Establish the identity of the person
Secure or preserve evidence
Repetition or continuatio of the offence
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:

Answer 4

Unconditionally with no intent to proceed to court
Unconditionally with intent to seek a criminal summons.
Or by way of an Apparance notice Form 9

Question 5

A Police officer may continue the arrest (summary,dual or indictable 553 offences) of a person where the public interest is not satisfied or for any indictable offences other than dual procedure 553 offences.

Which section of the crminal code is the criteria for satisfying the “public interest “ ?

Answer 5

Section 497 of the criminal code

Question 6

When a continued detention is justified. Where must the arrested person be taken?

Answer 6

Before an Officer in charge

Question 7

Can a Police officer Arrest an individual for a Provincial statute offence?

Answer 7

Yes a police officer may also arrest a person for contravention of the Hoghway traffic act, Liquor license act and the Trespass to property act. There is no general authority for contravention of a Provincial statute, reference must be made to individual statutues for specific arrest authorities.

Question 8

Arrest ina dwelling house (Feeney Warrant) 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 is prohibited unless?

Answer 8

The arrest warrant is endorsed with an authorization to enter under ss. 529(1) of the criminal code

The arrest warrant is accompanied by a separate entry authorization warrant issued under s. 529.1 of the criminal code

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

When there are reasonable grounds to beleive 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 of kr destruction of evidence

In circumstances of fresh pursuit

Question 9

Prior to entering a dwelling’house to execute an arrest warrant members shall, whenever possible, obtain an:

Answer 9

An endorsement on the arrest warrant under ss. 529 (1) of the criminal code

An authorization warrant (Form 7.1 ) under s. 529.1 of the criminal code

Question 10

The authorization to enter may include such restrictions and conditions as the issueing Justice beleives reasonable to place on the arrest process.

In all cases members shall ensure proper announcement is made prior to entry EXCEPT

Answer 10

As provided on the warrant, or

Reasonable grounds to beleive prior entry announcement would:

Expose the officer or any other person to imminent bodily harm or death, or

Result in the imminent loss or imminent desruction of evidence relating to the commission of an indictable offence.