Arrest Flashcards
(19 cards)
Section 494 of the Criminal Code (CC) provides authorities for arrest without warrant by any person.
In addition to the authorities to arrest without warrant given to any person in s. 494 CC, a peace officer is given additional authorities under ss. 495(1), 524(2), 525(6) and 31(1) CC. A peace officer may arrest any person who
495(1) a) has committed an ______ offence, or a person the officer believes on reasonable grounds has committed or is about to commit an ______ offence
b) the officer finds committing a ______ offence
c) on reasonable grounds, the officer believes is wanted on a warrant of arrest or committal,
which is in force within the territorial jurisdiction where the person is found, or
524(2) and 525(6) d) has contravened or is about to contravene the terms of a ______ ______
e) has committed an ______ offence while on release for a criminal offence
31(1) f) is found committing or it is believed on reasonable grounds is about to commit a ______
- Indictable
- Criminal
- Criminal Release
- Breach of the Peace
A police officer shall not arrest a person without warrant for summary conviction, dual procedure or 553 indictable offences where there are reasonable grounds to believe the public interest has been satisfied having regard to all the circumstances including the need to
* establish the _____
* secure or preserve _____
* prevent the continuation or repetition of an _____
* ensure that the accused will _____
* ensure the safety and security of any _____ or of _____to the offence.
- Identity of the person.
- Evidence.
- Offence.
- Appear in Court.
- Victim, Witness
In circumstances where the public interest is satisfied, an offender must be released
* unconditionally with _____
* unconditionally with_____, or
* by way of an _____.
- No intent to proceed to court.
- Intent to seek a criminal summons.
- Appearance Notice (Form 9).
The lack of appropriate release documentation to be served at an arrest scene is _____ for the continuation of an arrest.
- Not a valid reason.
In circumstances where a continued detention is justified, the arrested person must be taken before an _____.
- Officer in Charge
Entry to a dwelling–house to affect an arrest is prohibited unless
* the arrest warrant is _____ under ss. 529(1) CC, or
* the arrest warrant is accompanied by a _____ issued under s. 529.1 CC, or
* when there are reasonable grounds to _____ that entry into the dwelling–house is necessary to prevent imminent bodily harm or death to any person, or
* when there are reasonable grounds to _____ 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 or imminent destruction of evidence, or
* in circumstances of _____.
- Endorsed with an authorization to enter.
- Separate entry authorization warrant.
- Suspect.
- Believe.
- Fresh pursuit.
In all cases, members shall ensure proper announcement is made prior to entry (identification, purpose of entry, etc.) except
* _____, or
* where there are reasonable grounds to _____ that prior announcement of the entry would
expose the officer or any other person to _____, or
result in the _____ relating to the commission of an _____ offence.
- as provided on the warrant
- believe
- imminent bodily harm or death
- imminent loss or imminent destruction of evidence / indictable
Unless circumstances make it impossible, persons should be restrained in a _____ position while being closely watched.
- sitting
Excited delirium is a condition that can be caused by _____ or _____, _____ or a combination of both.
- drug
- alcohol intoxication
- psychiatric illness
Excited Delirium
Symptoms displayed by persons suffering from the condition may include any combination of
- abnormal tolerance to _____
- abnormal tolerance to _____
- acute onset of _____
- _____ or _____ behaviour
- disorientation
- hallucinations
- impaired thinking
- panic
- shouting
- sudden calm after frenzied activity
- sweating, fever, heat intolerance
- unexpected _____
- _____ towards others.
- pain
- pepper spray
- paranoia
- bizarre / aggressive
- physical strength
- violence
Members should be cognizant of _____ when dealing with persons exhibiting the symptoms of excited delirium and, unless circumstances make it impossible, restrain the person in a sitting position as noted above.
Persons exhibiting the symptoms of excited delirium must always be treated as suffering from a _____ and once secured, be transported to _____.
- positional asphyxia
- medical emergency
- hospital for examination.
Keeping in mind officer and public safety, officers may use _____ when determining whether to handcuff an individual as it may not be practical or necessary in all circumstances (e.g. due to a person’s medical condition, age, disability, pregnancy, or frailty).
- discretion
Police Officer - Arrest
- When making an arrest shall
…
ensure that, when an arrested person has the care, charge or custody of another person who, because of age, physical or medical condition, is unable to care for themselves, _____.
- every effort is made to obtain interim care for the dependent person
Police Officer - Arrest
When dealing with an arrested person who has ingested a potentially harmful substance (e.g. cocaine, methanol, etc.) and appears to require medical attention shall immediately
* _____
* comply with Procedures 01–03 and 10–06
* ensure the person is transported to _____
- if necessary, and if qualified in standard first aid, perform first aid on that person
- the nearest hospital
Police Officer - Arrest
When releasing a person following arrest shall make _____ to ensure the safety of _____ who may be affected by the release and the safety of _____, having regard for the circumstances and the time and place of release.
- reasonable efforts
- other persons
- the person being released
Foreign embassies and consulates are considered foreign land and _____.
- outside the jurisdiction of police officers.
Police Officer - Arrest
When considering the continued detention of an arrested person who is accompanied by a guide dog due to blindness, visual impairment, hearing impairment, or other physical disability, shall
* _____, or contact the Toronto Police Operations Centre (TPOC) for further resources such as Canine Vision Canada or the Humane Society
* _____
- make reasonable effort to have the guide dog accommodated by friends or relatives
- not transport the guide dog to court with the prisoner
Police Officer - Arrest
- When arresting a foreign national
* shall comply with Procedure 04–13
* should not normally arrest a person during a _____ or ____
- religious ceremony
- judicial hearing
Officer in Charge - Arrest
- When an arrest has been made shall ensure
* consideration is given to the _____ in deciding to _____ of an arrested person including the need to
establish the identity of that person
secure or preserve evidence
prevent the continuation or repetition of an offence
ensure that the accused will appear in court
ensure the safety and security of any victim of or witness to the offence
all required eReports are completed promptly
* the particulars are recorded in the Unit Commanders Morning Report (UCMR), as required
* compliance with the appropriate release provisions of the CC pursuant to the respective procedure
When releasing a person shall ensure they have been served with a _____.
- public interest
- continue the detention
- TPS 493
