Flashcards in Arrest Deck (12)
Section 494 of the Criminal Code (CC) provides authorities for arrest without warrant by who?
A peace officer is given additional authorities in the Criminal Code under which sections?
What are the situations for each?
has committed an INDICTABLE offence, or a person the officer believes on reasonable grounds has committed or is about to commit an indictable offence
the officer FINDS COMMITTING a CRIMINAL offence
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)
has contravened or is about to contravene the terms of a criminal release
has committed an indictable offence while on release for a criminal offence
is found committing or it is believed on reasonable grounds is about to commit a 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 what? (5)
establish the IDENTITY of the 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.
In circumstances where the public interest is satisfied, an offender must be released by what methods?
unconditionally with no intent to proceed to court
unconditionally with intent to seek a criminal summons, or
by way of an Appearance Notice (Form 9).
With regards to Provincial Offences is there any general arrest authorities?
No, reference must be made to individual statutes
Entry to a dwelling–house to affect an arrest is prohibited unless the officer has what?
the arrest warrant is endorsed with an authorization to enter under ss. 529(1) CC, or
the arrest warrant is accompanied by a separate entry authorization warrant issued under s. 529.1 CC, or
when there are RG to SUSPECT that entry into the dwelling–house is necessary to prevent
imminent bodily harm or death to any person, or
when there are RG to BELIEVE 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 FRESH PURSUIT.
In all cases, members shall ensure proper announcement is made prior to entry (identification, purpose of entry) except for what circumstances?
as provided on the warrant, or
where there are RG to BELIEVE that prior announcement of the entry would
expose the officer or any other person to imminent bodily harm or death, or
result in the imminent loss or imminent destruction of evidence relating to the commission of an INDICTABLE offence.
Positional asphyxia compromises which bodily functions?
Heart and lung functions
What causes excited delirium?
Drug or alcohol intox
combination of both
What are some of the symptoms of excited delirium? (13)
abnormal tolerance to pain
abnormal tolerance to pepper spray
acute onset of paranoia
bizarre or aggressive behaviour
sudden calm after frenzied activity
sweating, fever, heat intolerance
unexpected physical strength
violence towards others.
What should be done with persons exhibiting signs of excited delirium?
Persons exhibiting the symptoms of excited delirium must always be treated as suffering from a medical emergency and once secured, be transported to hospital for examination.