1-24 Flashcards
(115 cards)
Fill in the blank: A police officer may arrest a person under other authorities found in individual Provincial Statutes such as the _______.
[Highway Traffic Act, Liquor Licence and Control Act, Trespass to Property Act]
According to Section 494 of the Criminal Code, who has the authority to arrest without a warrant?
Any person
What must a police officer do when making an arrest?
Identify themselves as a police officer and inform the person that they are under arrest
What are the circumstances under which a police officer may enter a dwelling-house to make an arrest without a warrant?
When there are reasonable grounds to suspect imminent bodily harm or loss of evidence
True or False: A police officer can arrest a person on foreign embassy premises.
False
What must be recorded in the memorandum book during an arrest?
- Reason for the arrest
- Reason for the release or continued detention
- Details regarding the person (identification and description)
What legal principle must be followed to ensure the safety of persons in custody?
Conduct a proper evaluation of potential risks
Fill in the blank: A police officer may continue the arrest if the _______ is not satisfied.
[public interest]
What is the significance of the Supreme Court of Canada’s ruling in the case of R. v. Golden?
It impacted the search of a person incident to arrest
What must officers be able to articulate when conducting searches?
Their authority and grounds for doing so
What is the role of the Officer in Charge regarding the detention of an arrested person?
Ensure consideration of public interest in deciding to continue detention
What should be done if an arrested person has ingested a potentially harmful substance?
Perform first aid and ensure transport to the nearest hospital
What are the possible outcomes when the public interest is satisfied after an arrest?
- Unconditionally with no intent to proceed to court
- Unconditionally with intent to seek a criminal summons
- By way of an Appearance Notice
- By way of an Undertaking
What does the term ‘fresh pursuit’ refer to in the context of making an arrest?
The immediate pursuit of a suspect to prevent escape
What is the purpose of conducting a Person Query during an arrest?
To obtain details on any positive results
What should be done to ensure the safety of a service dog when its owner is arrested?
Make reasonable efforts to have the service dog accommodated by friends or relatives
What must an officer do if handcuffs are not used during an arrest?
Be prepared to justify this decision
What is the lawful authority for searching a person?
Statute or common law
Officers must articulate their authority and grounds for conducting a search.
What must officers demonstrate for a search to be lawful?
Reasonable and justified grounds
Searches must be for a valid reason, and warrantless searches are prima facie unreasonable.
What is required before conducting a Strip search?
Authorization from the Officer in Charge
Stronger grounds are required as the level of intrusiveness increases.
When must all persons under arrest be searched?
At the first available opportunity
This is required except in extenuating circumstances.
What must be recorded during Protective and Frisk searches?
Audio and video
Full details of all searches must be recorded in the memorandum book.
What is a Consent Search?
A search where consent is informed and freely given
The person must understand the consequences of the search.
What items can a police officer search for as an incident to arrest?
- Weapons
- Items that could cause injury
- Items that could assist in escape
- Evidence
This is upheld by common law.