Sgt 2023 Flashcards
Compliance with this Procedure will ensure that arrests are conducted and reported in a manner consistent with all legal principles and best practices.
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
Section 494 of the criminal code provides authority for?
Section 494 the criminal code provides authority for arrest without warrant by any person 
Section 495(1) criminal code
– Has committed an indictable offense or the officer believes on reasonable grounds has committed or is about to commit and indictable offense
– Officer finds committing a criminal offense
– On reasonable grounds believes the person is wanted on the warrant of arrest or committal, which is in force within the territorial jurisdiction the person is found in
Section 524(2) & 525(6) criminal code
Has contravened or is about to contravene the terms of a criminal release or has committed an indictable offense while on a release for a criminal offense
Section 31(1) criminal code
Is found committing or it is believed on reasonable grounds the person is about to commit a breach of the peace
Is there a general arrest authority for provincial statutes?
No, there is no general arrest authority for a contravention of provincial statutes, reference must be made to individual statutes for specific arrest authority
A police officer shall not arrest a person without a warrant for a summary conviction, dual procedure or 553 indictable offenses if there exist reasonable grounds that the public interest has been satisfied;
– Establish identity of the person
– secure/preserve evidence
– prevent continuation or repetition of the offence
– ensure accused appearance in court
– ensure safety of victim/witness to the offence(s)
If satisfied, must release accused by?
– Unconditionally with intent to seek a criminal summons, or
– unconditionally with no intent to proceed in court
– by way of an appearance notice
Police officer may continue arrest where public interest is not satisfied or for any indictable offense other than dual or 553 offenses
Criteria for the public interest is set out in section 497
In circumstances where continue detention is justified?
The accused must be brought before an OIC
True or false
A lack of appropriate release paperwork at scene is not a valid reason to continue an arrest?
True
Entry into a dwelling house to affect arrest is prohibited unless:
– The arrest warrant is endorsed with an authorization to enter under S. 529(1) CC or
– the arrest warrant is accompanied by a separate authorization to enter S 529.1 CC (Form7.1)
– reasonable grounds exist to suspect that entry into the dwelling-house is necessary to prevent imminent bodily harm or death to any person
– reasonable grounds to believe that evidence pertaining to an indictable offense is present inside the dwelling-house and that entry is necessary to prevent the imminent loss or destruction of that evidence
– Fresh pursuit
Always make proper announcement before execution of a warrant unless?
– Warrant allows it
– exposes police to harm
– risk losing evidence of an indictable offence
How should you restrain a person to avoid positional asphyxia?
Restrained in a seating/sitting position-
Unless circumstances don’t allow it
What causes excited delirium?
Excited delirium can be caused by drug, alcohol, psychiatric illness or a combination
What are the symptoms of excited delirium?
– Abnormal tolerance to pain
– abnormal tolerance to pepper spray
– acute onset of paranoia
– bizarre or aggressive behavior
– hallucinations
– disorientation
– impaired thinking
– Panic
–Shouting
– sudden calm after frenzied activity
– sweating, fever heat intolerance
– unexpected physical strength
– violence towards others
Excited delirium is a?
Medical emergency and the person must always be brought to a hospital for examination once they are secured.
When dealing with an arrested person who has ingested something potentially harmful, you shall?
– Perform first aid, if necessary
– ensure person is taken to hospital
When dealing with an arrested person who is aided by a guide dog, you shall?
-Make reasonable attempts to have the guide dog accommodated by friends or relatives or contact TPOC
-Do NOT transport the guide dog to court with the accused
– Resources include K9 vision Canada or the Humane Society
When releasing a person on a form 9, form 10 or when proceeding by way of a criminal summons, ensure the person is served with a?
T.P.S 493(WYNTK form)
Foreign embassies and consulates are considered?
Foreign land and outside of the jurisdiction of the police
Some of the things to keep in mind when using discretion when determining whether to handcuff an individual are?
Persons medical condition, age, disability, pregnancy and frailty.
When arresting someone you should always check?
CPIC
MNI master name index
When releasing a person following an arrest shall make reasonable efforts to ensure the safety of other persons who may be affected by the release and the safety of the person being released having regard for what?
The circumstances and the time in place of release