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Investigation and

Arrest

Part 1
The Arrest

AGENDA
Police

Quiz
Police and the Law: Notes on the Board
Investigation and Arrest PowerPoint

Introduction

Procedures for dealing


with suspects are
codified in the Criminal
Code which has been
developed through
case law and enshrined
in the Charter of Rights
and Freedoms

Arrest
1.

2.

Must determine that an offense has been


committed
Must have reasonable grounds to believe
that the suspect committed the offense
3 Choices
1. Issue an
Appearance Notice

2. Arrest the
suspect

3. Obtain a warrant
for arrest

1. Appearance Notice

Summary, hybrid and less serious indictable offences

Names the offense the accused has been charged with

Time and place of court appearance

Accused must sign the document and receive a copy

Officer will swear and information before a judge or justice of


the peace
States that the officer believes on reasonable grounds that the
person named in the appearance notice committed the offence

2. Arresting the Suspect

More serious indictable offences


Suspect is arrested and taken into custody
Arresting officer must

Identify themselves
Advise the accused that he or she is under arrest
Inform the accused of the right to a lawyer (section 10(b) of
the Charter)
Inform the accused of the charges (section 10(a) of the
Charter everyone has the right on arrest or detention to be
informed promptly of the reasons therefore.

Purpose of arrest
1.
2.
3.

Lay charges
Preserve evidence
Prevent the accused form committing further offences

Can A Police Officer Arrest


Someone Without a Warrant?
Yes!

Arresting without a warrant


Section 495 of Criminal Code - Any officer can
arrest without a warrant if there is

1.
2.
3.

reasonable grounds to suspect a person has either


committed an indictable offence or is about to commit one
They find a person in the act of committing criminal
offense
They find a person whom they believe is named on an
arrest warrant

Section 495 applies to all peace officers (mayors, prison


guards, customs officers, aircraft pilots, and fisheries
officers

Can You Arrest Someone?


(Citizens Arrest)

David Chen
Charged with
assault & forcible
confinement

http://www.theglobeandmail.com/video/an-alleged-shoplifter-appears-to-makeoff-with-plants-in-torontos-chinatown/article785881/?from=4328458

Citizens arrest

Shoplifting most common

Suspect is arrested by a
store detective or
salesperson

Immediately after a citizens


arrest the suspect must be
turned over to a peace officer

The Arrest

1. Notice on arrest: I am arresting


________ for ________(reason
for the arrest)
2. Right to council: It is my duty to
inform you that you have the right
to retain and instruct legal counsel
without delayDo you
understand?
3. Caution to the charged person:
You (are charged, will be charged)
with ________. Do you wish to
say anything in answer to the
charge? You are not obligated to
say anything unless you wish to do
so, but whatever you say may be
given in evidence.

Police: Case 1

One night, a young aboriginal man is taken on a


"starlight tour, which is to say that he is driven to the
outskirts of Saskatoon by two police officers and
abandoned in the sub-zero temperatures of the
Saskatchewan night. The chief of police admits that this
is not an isolated incident. Over the years, several
aboriginal men are found frozen to death on the outskirts
of town. A similar incident occurs in Merritt, British
Columbia when an aboriginal man is beaten by police
and left in the bush. He survives.

Police: Case 2
Two

off-duty R.C.M.P. officers leave a lowermainland bar one night, highly intoxicated.
The two officers proceeded to assault three
men and to falsely identify themselves as
Port Coquitlam Police and as undercover
police agents.

How Much Force Can an


Officer Use?
https://www.youtube.com/watch?

v=XGvuKtJr6pk

Resisting arrest
Police can use as much force as is necessary to
prevent an escape
Police are criminal liable for the use of
unnecessary force

1.
2.
3.

Maybe be necessary to use force causing bodily harm or


death if it protects others from death of bodily harm
1994 Parliament passed a law giving police the power to
use deadly force in the following situations:
The behaviour of a suspect might cause serious harm or
death to others
The suspect flees to escape arrest
There is no alternative means to prevent escape

Advanced Taser
Thomas A. Swifts Electric Rifle
CBC archives Robert Dziekanski

3. Obtaining a warrant for an


arrest

Police ask judge to issue a summons (legal


document issued for an indictable offence, ordering
an accused to appear in court)

When police believe suspect will appear in court voluntarily


Delivered by a sheriff or deputy
Suspect directed to police station for finger printing
Failure to appear results in the issuing of a bench warrant
(arrest warrant issued directly by a judge)

3. Obtaining a warrant for an


arrest continued
When police have reasonable grounds to believe the accused of a
serious indictable offense will not appear in court willingly

Obtain an arrest warrant


Provide a sworn information (statement given under oath,
informing the Court of the details of the arrest)
Judge / Justice of the Peace decide if it is in the public interest to
issue a warrant for the persons arrest
Arrest Warrant a written court order, directing the arrest of the
suspect

Includes name of accused, the offence charged with, reason for the
warrant

Part 2
Citizens / Police Rights

Citizens Rights

Sections 7-11 of Charter (arrest and detention)

Open to interpretation
Assumptions drawn during questioning

Rights on Being Detained:

Detained when stopped and questioned by an officer


Right not to answer questions unless in specific situations
Detention should lead quickly to arrest otherwise the
person should be set free
Citizens illegally detained can sue police for false arrest or
detention

Citizens Rights

Rights on Being
Arrested:

To be informed of the
reason for the arrest
To a lawyer without delay,
availability of a duty
counsel
Legal aid
Must truly understand your
rights when read to you
Sober up
translators

Police Rights
Search

the accused upon arrest


Take away the possessions of the accused
Take the accused to the police station

Perform a more detailed search

Section

487.04 of Criminal Code

Allows police, with a warrant to get DNA samples

Searches

A careful balance between the individuals right to privacy with


the states need to conduct a thorough investigation
Search rules established in both statute and common law
Most cases require a warrant (some exceptions)

Chapter 4, S.8 of the Charter protect people in Canada from


unreasonable search and seizure

Strip-search and skin-frisk


Performed by officers of the same sex
Performed at the police station
With sufficient reason

CBC New article SIU probes Ottawa police strip search

Searches Continued

Obtaining a Search Warrant

Using a Search Warrant

Officer swears before a judge, who


issues the warrant if testimony is
accepted
To ensure section 8 of the Charter
secure against unreasonable
search or seizure

Only on the day of indicated


Only specific items identified

Need a warrant to use electronic


surveillance equipment
exception (suspected terrorists)

Questioning the Accused

Police are required to question suspects

Police cannot force a suspect to answer a questions

Section 7 detained person has the right to remain silent


Police must give suspect a chance to make a free and
meaningful choice about whether to speak or remain silent

Police must promptly inform arrested person of the


reason for their arrest and their right to counsel

Interrogation Techniques
Interview suspects to obtain the truth (ideally
through a trusting relationship with the suspect)

Begin with open-ended, non-threatening questions


designed to encourage the suspect to speak
Conclude with closed questions designed to get specific
information

4 Stage approach to interrogation


1.
2.
3.
4.

Describe the entire incident


Describe the period before the incident took place
Describe the details of the offence
The period following the offence