Arrest and DetentionArrest and Detention

So You’re BustedSo You’re Busted

The arresting police officer must:The arresting police officer must:

1. Identify him/herself and the accused.1. Identify him/herself and the accused.

2. Tell the accused that they are under 2. Tell the accused that they are under arrest.arrest.

3. Tell the accused why they are under 3. Tell the accused why they are under arrest.arrest.

4. The police officer must touch the 4. The police officer must touch the accused to symbolize that the accused is accused to symbolize that the accused is in custody.in custody.

The Accused’s RightsThe Accused’s Rights

must be informed of the reason for the must be informed of the reason for the arrestarrest

has the right to retain council ( and must has the right to retain council ( and must be informed of that right - - see page 202 be informed of that right - - see page 202 in text)in text)

has the right to remain silent if no lawyer has the right to remain silent if no lawyer is presentis present

has the right to refuse testing of urine and has the right to refuse testing of urine and blood samples, and to refuse a line up for blood samples, and to refuse a line up for identification purposesidentification purposes

The Police’s RightsThe Police’s Rights

have the right to have the right to search the person search the person under arrestunder arrest

have the right to have the right to take the arrested take the arrested person down to the person down to the police stationpolice station

have the right to have the right to fingerprint the fingerprint the accused if the accused if the offense is indictable offense is indictable

QuestioningQuestioning

The police must have The police must have reasonable reasonable groundsgrounds for suspecting the offender. for suspecting the offender. Must have evidenceMust have evidence Depending on the amount of evidence Depending on the amount of evidence

collected, the police may make an arrest collected, the police may make an arrest either before or after questioning.  either before or after questioning. 

Procedures for dealing with suspects Procedures for dealing with suspects have been codified in the Criminal have been codified in the Criminal Code, developed thru case law and Code, developed thru case law and entrenched in the Charter. entrenched in the Charter.

More QuestioningMore Questioning

Once they have been informed of Once they have been informed of his/her rights, anything the accused his/her rights, anything the accused says to the police or puts in writing says to the police or puts in writing can be used against them.  can be used against them. 

Police officers are not allowed to Police officers are not allowed to force a suspect to answer their force a suspect to answer their questions.  questions. 

Apprehending an OffenderApprehending an Offender

3 ways3 ways Appearance NoticeAppearance Notice Arrest with a WarrantArrest with a Warrant Arrest without a WarrantArrest without a Warrant

Appearance NoticeAppearance Notice

For most Summary Convictions For most Summary Convictions offenses and less serious indictable offenses and less serious indictable offences.offences.

Issued an Issued an Appearance NoticeAppearance Notice Telling the accused to show up in court at Telling the accused to show up in court at

a certain date and time.a certain date and time. Failure to show??? – Failure to show??? – Bench WarrantBench Warrant

issuedissued Arrested and “Failure to Appear” added on.Arrested and “Failure to Appear” added on.

Arrest with a WarrantArrest with a Warrant

A A SummonsSummons For indictable offenses, but police think For indictable offenses, but police think

the accused will show up voluntarily.the accused will show up voluntarily. Informs the accused of charges and Informs the accused of charges and

when to appear.when to appear. Failure to show??? – Failure to show??? – Bench WarrantBench Warrant

issuedissued Arrested and “Failure to Appear” added on.Arrested and “Failure to Appear” added on.

Arrest with a Warrant cont’dArrest with a Warrant cont’d

Arrest WarrantArrest Warrant A written court order directing the police to A written court order directing the police to

arrest the suspect.arrest the suspect. For indictable offenses, but police think the For indictable offenses, but police think the

accused will accused will notnot show up voluntarily.show up voluntarily.

Police lay an Police lay an InformationInformation (details of an (details of an offense under oath), and the judge offense under oath), and the judge makes the call on whether to issue a makes the call on whether to issue a warrant.warrant.

Arrest without a WarrantArrest without a Warrant

For Police and Peace Officers (mayors, For Police and Peace Officers (mayors, prison guards, customs officials, pilots, prison guards, customs officials, pilots, etc.)etc.)

Can happen if:Can happen if:1.1. Reasonable grounds that a person committed Reasonable grounds that a person committed

an offense or is about to commit one.an offense or is about to commit one.

2.2. Person in the act of committing a criminal Person in the act of committing a criminal offense.offense.

3.3. Find a person who they believe is on an Find a person who they believe is on an arrest warrant.arrest warrant.

Citizen’s arrestCitizen’s arrest

Arrest by someone other than a Arrest by someone other than a peace officerpeace officer Most common type is for shopliftingMost common type is for shoplifting

Ex. Store Detective, salespersonEx. Store Detective, salesperson Suspect must immediately be turned Suspect must immediately be turned

over to a peace officerover to a peace officer

See pg 206 for Criminal Code outline.See pg 206 for Criminal Code outline.

Can citizens arrest a suspect if…Can citizens arrest a suspect if…

a person has committed a summary offence? a person has committed a summary offence? (No)(No)

a person is about to commit an indictable a person is about to commit an indictable offence? offence? (No)(No)

a person is found committing an indictable a person is found committing an indictable offence?offence?(Yes)(Yes)

a person is being pursued by the police? a person is being pursued by the police? (Yes)(Yes)

a person is stealing a motor boat? a person is stealing a motor boat? (Yes)(Yes)

Search LawsSearch Laws

The right to Privacy The right to Privacy is guaranteed is guaranteed under the Charter under the Charter of Rights and of Rights and Freedoms.Freedoms.

Police must follow Police must follow proper procedure proper procedure

when searching for when searching for evidence. evidence.

Search WarrantSearch Warrant Must have one to Must have one to search a specific locationsearch a specific location

(eg. private home)(eg. private home) Just like an Arrest Warrant, Police lay an Just like an Arrest Warrant, Police lay an

InformationInformation (details of an offense under (details of an offense under oath), and the judge makes the call on oath), and the judge makes the call on whether to issue a warrant.whether to issue a warrant.

Police must follow rules. Police must follow rules. Only search a residence between 6am and 9pm. Only search a residence between 6am and 9pm. Only evidence listed on the warrant can be Only evidence listed on the warrant can be

collected. Any illegal substances, with the collected. Any illegal substances, with the exception of drugs, liquor and firearms must be exception of drugs, liquor and firearms must be left alone. left alone.

No people in the house can be searched.No people in the house can be searched.

Searching in a Public Place Searching in a Public Place

No warrant needed.No warrant needed. Any person can be searched in a public Any person can be searched in a public

place if the police have reason to suspect place if the police have reason to suspect someone.someone.

Searching a PersonSearching a Person

Police do not have to obtain a warrant Police do not have to obtain a warrant to search a person they have just to search a person they have just arrested.arrested.

Usually a cursory "pat-down" to check Usually a cursory "pat-down" to check for weapons or concealed evidence.  for weapons or concealed evidence. 

Strip searchesStrip searches The Supreme Court of Canada has The Supreme Court of Canada has

laid down strict guidelines about how laid down strict guidelines about how these may be conducted.  these may be conducted. 

Done at the Police StationDone at the Police Station

Case StudyCase Study

Read Read R. Vs. GoldenR. Vs. Golden, pg 209., pg 209.

Answer Questions 1-3Answer Questions 1-3