Citizen Arrest Flashcards
Where are citizen power of arrest found?
C.C section 494
Where are citizen release procedures found?
C.C section 494 (3)
When a citizen makes any kind of arrest for (C.C or provincial) the citizen shall _____________ to police officer
- Deliver: means to call and report and turn over the bad guy to the police. This does not mean you have to physically bring or transport the bad guy to the station
“deliver” the arrested person forthwith the police officer
In terms of citizen release what does Deliver mean
To call and report / turn over the bad guy to the police.
True or False - In terms of citizen release does Deliver mean to bring the person to the station
FASLE- you just have to call NOT physically bring in tot he police station
Walmart security arrest for theft under $5000. do you drive bad guy to the station for release?
- NO
What do yo write in note book after arrest is made? (clue 6 STEPS)
Step 1: record specific time of arrest
Step 2: record the actual time you called police
Step 3: explain what you did between step 1&2
Step 4: record time of police arrival and when police took custody of bad guy
Step 5: explain exactly what occurred between steps 2-4
Step 6: steps 1-6 record all conversations between you and bad guy word for word
Step 1: in note book record specific ______
Step 2: record the actual time you ________
Step 3: in note book, explain specifically what you did between _________
Step 4: record time _______ including when _______
Step 5: in note book explain exactly what occurred between steps_______
Step 6: from steps 1-6 ____________
- time of arrest
- called police
- what happened in step 1&2
- time of police arrival and police take custody of bad guy
- steps 2-4
- record all converstation
true or false - a confession by bag guy to a citizen is automatically admissible in court at the trial?
TRUE
True or False - Confession by bad guy to police officer is ALWAYS automatically admissible in court at bad guy’s trial?
FALSE - it is NEVER automatically admissible
Why is a confession to an officer never automatically admissible in court?
Because police have to first prove that a confession was voluntary and not forced ( known as voir dire)
what is Voir dire
Legal argument about admissibility of a particular piece of evidence in court. (Ex. confession to officer)
Alex robs bank next week tells Wally that he got $2000 from bank. Wally calls police and reports it
Alex was arrest and then confessed to police
Is it possible for Alex’s confession to police to be automatically admissible?
YES OR NO?
Why?
No because He confessed to police so always Voir dire - need to prove in court that is was voluntary.
As a citizen once you arrest a person do you have to call police or can you release them on your own?
CANNOT release after arrest. Police will make the decision
If you release before police that is called __________
obstruct justice
