Federal Law Six

Question 1

What are the 6 steps to a lawful arrest?

Answer 1

1.) Identify yourself a police officer

2.) Tell them they are under arrest

3.) Tell them why they are under arrest

4.) Take physical control of the person

5.) Read them their RTC

6.) Make sure they understand their RTC

Question 2

Reasonable grounds is based on the ________ view point of the officer and is justified by the _______ point of view of a reasonable person based on the totality of the circumstances

a.) Objective / subjective

b.) Subjective / subjective

c.) Subjective / objective

d.) Objective / objective

Answer 2

c.) Subjective / objective

Question 3

What is the reason we arrest people?

Answer 3

• Protect the public and protect property
• To investigate further
• To ensure court appearance

Question 4

When a police officer is confronted with a criminal incident and has decided to make an arrest, their decision to do so lawfully must be founded upon the following?

(HINT RCA)

Answer 4

You must recognize the offence

Classify the offence (Summary, dual, indictable)

Determine if you have authority to arrest

Question 5

You stop someone for a speeding offence under the HTA. When you run this person on CPIC you learn that there is an outstanding arrest warrant on file for theft under $5,000 in Alberta.

Do you have the authority to arrest?

Why or why not?

Answer 5

You do not, the warrant is out of province

Question 6

What is the charge for breach of peace if you arrest someone?

Answer 6

Breach of peace has no charge, it is an arrest authority only

Question 7

Peace officers powers

Section 495 (1) (a) C.C

Answer 7

A peace officer MAY arrest without warrant.

• A person who has committed an indictable offence OR
• who , on reasonable grounds, he believes has committed OR
• Is about to commit an indictable offence

Question 8

Peace officers powers

Section 495 (1) (b) C.C

Answer 8

A peace officer MAY arrest without warrant,

• A person who he finds committing a criminal offence; or

Finds committing a criminal offence

Question 9

Peace officers powers

Section 495 (1) (c) C.C

Answer 9

A peace officer MAY arrest without warrant

• Reasonable grounds to believe
• Arrest warrant OR
  -Committal warrant
• In force within
• Territorial jurisdiction where person found

(Warrant + R/G + Force + Jurisdiction)

Question 10

Arrest of accused without warrant

Section 495.1 C.C

Answer 10

A peace officer who believe on reasonable grounds that an accused:

has contravened or is about to contravene a

• Summons
• Appearance Notice
• Undertaking or
• Release Order

Question 11

What is a breach of the peace?

Section 31 C.C

Answer 11

Breach of the Peace
- Hard is actually or likely yo be done to a person, or

• In his/her presence, to his/her property, or
• A person is in fear of being so harmed through assault, affray or riot.

(When we think of Breach of the peace we think of health and safety, people and property )

Question 12

Breach of the peace

Section 31 C.C

Answer 12

• Peace Officer
• Witnesses Breach of the Peace OR
• Reasonable grounds a person is about to join in or renew breach of the peace
• Only a procedural arrest - no offence
• Can be used to de-escalate a situation in no other authorities exist
• Do not use it as a catch-all

DO NOT MISUSE THIS AUTHORITY

Question 13

Primary Caution

Answer 13

You (are charged, will be charged) with ______________________________You are not obliged to say anything unless you wish to do so, but whatever you say may be given in evidence. Do you understand?

Question 14

Secondary Caution

(If needed)

Answer 14

Secondary Caution to Charged Person:

If you have spoken to any Police Officer or to anyone with authority or if any such person has spoken to you in connection with this case, I want it clearly understood that I do not want it to influence you in making any statement. Do you understand?

A “secondary caution” does not remove a serious inducement or oppression when statements are received. It removes minor inducements.

Question 15

Prosper Warning (10b)

(Detainee changes his mind)

Answer 15

1.Tell detainee they have right to a reasonable opportunity to contact a lawyer

2.Detainee isn’t to participate in any incriminating process until reasonable opportunity satisfied (e.g. statements, breath tests)

3.Advise the investigation specific to detainee won’t continue unless their 10(b) right exercised

4.Ensure that the accused or detainee’s decision to waive his/her right to counsel is fully informed because if it is not, all evidence subsequent could be excluded.