Transcript Arrest and Detention

Criminal Law
Arrest and Detention
Arrest and Detention
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Arrests can be made with and without a
warrant
A warrant is issued by a Justice of the Peace. It
is a written court order directing the police to
arrest a suspect
There are 3 ways an arrest can be made
without a warrant.
1.
Police have reasonable grounds to
suspect a person as either committed an
indictable offence or is about to commit
one
2.
The police find a person in the act of
committing a criminal offence
3.
They find a person they believe is named
on an arrest warrant.
Reasonable Grounds
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This is information that
would lead a reasonable
person to conclude that
the suspect has
committed a criminal
offence
E.g. The police find you
sitting in a car with bags
of money in the vicinity of
a bank that has just been
robbed
Citizen’s Arrest
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Is an arrest without a
warrant by a person who
is not a police/peace
officer
They must hand the
suspect to a peace officer
immediately
A peace officer is a
person responsible for
preserving the peace
such as: police, mayor,
custom’s official, prison
guard, pilot
A citizen can make an arrest if:
1.
2.
3.
You find someone committing an
indictable offence
You believe someone has and is being
pursued by the police
If you have been asked by the police
to assist in an arrest
Note: A citizens arrest is not recommended.
Call the police and try and remember
details of the suspect or snap a picture
with your phone.
5 Steps of Lawful Arrest
1.
2.
3.
4.
5.
Identify themselves as a
police officer
Advise the accused they are
under arrest
Inform the accused
promptly of the charge and
show the arrest warrant if
one has been obtained
Touch the accused to
indicate they are in legal
custody
Inform the arrested person
of their right to counsel
I am arresting you for common assault. It is my duty to
inform you that you have the right to retain and instruct
counsel without delay. You have the right to telephone
any lawyer you wish. You also have the right to free
advice from a Legal Aid lawyer. If you are charged with
an offence, you may apply to the Ontario Legal Aid Plan
for assistance. 1 800 265-0451 is a toll-free number that
will put you in contact with a Legal Aid duty counsel
lawyer for free legal advice right now.
Do you understand? Do you wish to call a lawyer now?
Once arrested you have
rights and obligations
Rights
1.
To remain silent ~ Police do not have to inform you of
this
2.
To be presumed innocent until proven guilty
3.
To not incriminate oneself
4.
To be informed promptly of reasons for arrest and
shown a warrant if there is one
5.
To retain counsel without delay
6.
To be informed of legal aid and duty counsel
7.
To not be arbitrarily detained or imprisoned
8.
To Habeas Corpus
Habeas Corpus
“You have the body “
Obligations
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To accompany police
if arrested
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To submit to
fingerprinting and to
be photographed if
charged with an
indictable offence
Searches
Section 8 of the Charter protects people
from unreasonable search and seizure
Generally the police have to obtain a
warrant before conducting a search, but
there are exceptions to this rule
Searches with a warrant
A warrant may be issued by a Justice of
the Peace
 A warrant can be used
only on the date indicated,
between 6am and 9pm
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Only items mentioned in the warrant can
be seized, unless other illegal items are
found during the search, relate to the
crime and are in clear view
A telewarrant is a
warrant obtained
by fax or phone
Searches without a warrant
The police may search:
1.
Anyone who has been arrested
2.
Any place under the arrested persons control
3.
Under Section 101 for search of prohibited weapons
4.
Under certain federal statutes such as Controlled
Substance Act
The police are permitted to use a choke
hold to prevent a suspect from swallowing
drug evidence
Crack is not water soluble so it can be
stored in the mouth
Warrant Exceptions
Searching a Person
The police do not have to obtain a warrant to search a
person they have just arrested
3 conditions must exist for the search to be legal.
1.
The arrest is lawful
2.
The search is connected to the lawful arrest
3.
The search carried out must be reasonable
Searching a place
Police may enter a dwelling without a warrant with
reasonable grounds:
1.
That imminent injury or death to any person may
occur
2.
That there is the possibility of destruction of evidence
related to an indictable offence
Illegal Searches
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Illegally seized evidence may be used in
court if it is relevant to the crime, unless
its admission would bring the
“administration of justice into disrepute”