Section 1 Flashcards
(42 cards)
Explain the following arrest authorities in the CC:
a. 494
b. 495(1)
c. 524(2)
d. 525(6)
e. 31(1)
a. 494 - arrest without warrant by any person
peace officer has additional authorities under:
b. 495(1) - has committed indict offence or RGB has or about to commit indict offence or;
finds committing criminal offence or;
RGB wanted on a warrant of arrest or committal (in jurisdiction they are found in);
c. 524(2) - has contravened or about to contravene the terms of a criminal release
d. 525(6) - has committed an indict offence while on release for a criminal offence.
3. 31(1) - finds committing or RGB about to commit a breach of the peach.
What should be considered when trying to establish that public interest is satisfied when considering continuing an arrest (summary, dual, and 553 indict offences)?
- identity
- secure/preserve evidence
- prevent repetition or continuation of the offence
- ensure court appearance
- ensure safety/security or victim/witnesses
If public interest is satisfied how can you release the person?
- unconditional with no intent to proceed
- unconditional, will seek a criminal summons
- Form 9 - appearance notice
- Form 10 - undertaking.
When may you continue an arrest?
Public interest not satisfied for summary, dual or 553 indictable offences or for any indict offence (other than dual or 553).
Entry into a dwelling house to arrest is prohibited unless?
- have an arrest warrant endorsed with authorization to enter under 529(1)
- arrest warrant accompanied by separate entry authorization under 529(1)
- RG to suspect entry necessary to prevent imminent harm or death to any person
- RG believe evidence related to the commission of an indict offence present, entry necessary to prevent imminent loss/destruction.
- fresh pursuit
When an arrest is made - who ensures the particulars are on the UCMR?
OIC
Which SCC case directly impacted on the search of a person incident to arrest?
R v GOLDEN (2001) SCC
Where does the lawful authority to search a person come from?
statute or common law
What did the courts have a problem with and why should searches be considered on a case by case basis?
the courts have a concern with routine police department policy applicable to all arrestees”
For a search to be lawful it must be what?
reasonable and justified and conducted for a valid reason.
When may a police officer search a person?
- consent
- authorized by statute
- incident to arrest (common law)
the right to search incident to arrest (common law) was upheld by what case?
SCC Cloutier v Langlois (1990)
- as long as the search is conducted for a valid reason and not in an abusive fashion.
Incident to arrest what may a police officer search for?
- weapons, anything that can cause injury (including drugs and alcohol), anything that can assist escape, evidence.
When may a strip search be conducted in other than a private area of a secure police facility (in the field) and who must you notify?
- only if immediate safety risk. Not for the sole purpose of preserving evidence. Advise a supervisor before commencing - if unsafe - then at the earliest convenience.
- Upon completion: notify the OIC with the circumstances
- the OIC with complete the “Strip search - not in police facility” occurrence and notify the UC
Who completes the body cavity search template?
police officer
Who shall book and authorize strip searches?
The OIC, unless in a central lock up a designate can be appointed.
When RG exist for a strip search, who shall read the Audio Privacy notice and if applies the Deferred call to counsel notice?
OIC
When would an arrested party not be afforded a chance to speak to counsel before a strip search and what must the OIC do?
- in rare circumstances where the OIC believes safety concerns.
- shall explain on camera and note in memo book
- shall read the Deferred call to counsel notice and noted in Booking and Search template if required.
What is the TPS policy regarding strip searches?
- when person is lawfully arrested and transported to a police facility, as assessment of risk factors shall be conducted. Where RG exists to conduct a strip search it shall be conducted. Where RG do not exist for a strip search, a Frisk search only shall be conducted (unless RG established from the Frisk search).
assessments regarding the retention of gender- affirming personal articles including gender-affirming prosthetics shall be made on a case by case basis complying with:
- Standards of Conduct 1.9.2 - Respect for Gender Diversity and Trans-Inclusive Policing considering all risk factors including those in App B, App C and 01-03 App E.
- all available accommodation options shall be considered when making an assessment.
When handling items of religious significance what should be considered?
- immediate risk of injury, escape, destruction of evidence
- safety of the person, member, public
Why has audio/video equipment been installed in central lock-ups and booking halls?
- to monitor/record the condition of persons in police custody and Service members
- to ensure their safety
- for court purposes
When can a young person be housed in a divisional cell?
- to prevent injury or to protect others from aggressive behaviour AND
- no adults in the cells OR
- adults in the cells but adequate space between them to isolate the young person
we have a duty to accommodate persons with disabilities under what?
- Ont Human Rights Code and the AODA
- any infringement on a person’s right to be accommodated must be minimal in nature and no more than necessary to achieve the desired outcome.
