Procedure 01-01 Arrest
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Questions and Answers

Under which circumstances may a peace officer arrest a person who is found committing a criminal offence?

  • If the officer believes the person is about to commit an indictable offence (correct)
  • If the officer has an arrest warrant
  • Only if the person is visibly armed
  • Only if the person is a known criminal
  • What is a key factor that must be established for a police officer to continue an arrest without warrant for summary conviction offences?

  • The officer must directly witness the offence
  • The identity of the person must be uncertain
  • The victim must request an arrest
  • The public interest must be satisfied (correct)
  • Which section of the Criminal Code allows any person to arrest without a warrant?

  • Section 495
  • Section 494 (correct)
  • Section 497
  • Section 525
  • In what situation may a peace officer not arrest someone without a warrant for an indictable offence?

    <p>When there are reasonable grounds to believe public interest is satisfied (B)</p> Signup and view all the answers

    An officer can arrest a person who has contravened the terms of a criminal release based on which section of the Criminal Code?

    <p>Section 524 (D)</p> Signup and view all the answers

    Which criterion does NOT need to be satisfied for a police officer to release an offender unconditionally?

    <p>Determining the offender's willingness to appear in court (D)</p> Signup and view all the answers

    Which of the following statements about the continuation of arrest is accurate?

    <p>An indictable offence or a serious repeated offence justifies continued arrest (A)</p> Signup and view all the answers

    What document must a police officer provide if they release someone by way of an Appearance Notice?

    <p>Form 9 (A)</p> Signup and view all the answers

    What does Section 497 of the Criminal Code primarily address?

    <p>Grounds for continued detention (D)</p> Signup and view all the answers

    What is required for a police officer to enter a dwelling-house to make an arrest?

    <p>A valid arrest warrant or entry authorization (B)</p> Signup and view all the answers

    Under what circumstances can police enter a dwelling-house without an entry authorization?

    <p>To prevent imminent harm or loss of evidence (A)</p> Signup and view all the answers

    Which of the following is NOT a symptom of excited delirium?

    <p>Unexplained serene calmness (C)</p> Signup and view all the answers

    What should officers do to prevent positional asphyxia when restraining a suspect?

    <p>Ensure the suspect is placed in a sitting position (A)</p> Signup and view all the answers

    What responsibility does a police officer have when making an arrest?

    <p>To ensure the person understands their Right to Counsel (D)</p> Signup and view all the answers

    Which statement correctly describes the procedure for handcuffing an individual?

    <p>Officers may use discretion based on the individual's condition. (B)</p> Signup and view all the answers

    What must police officers announce prior to entering a dwelling for an arrest?

    <p>Their identity and purpose for entry (A)</p> Signup and view all the answers

    Which of the following is a proper action when an arrested person has a dependent to care for?

    <p>Make efforts to obtain interim care for the dependent (B)</p> Signup and view all the answers

    Which Provincial Statute does NOT provide specific arrest authorities?

    <p>General arrest authority (B)</p> Signup and view all the answers

    What must be included in the memorandum book when an arrest is made?

    <p>All relevant details regarding the incident (D)</p> Signup and view all the answers

    Which procedure must be complied with when dealing with a person under arrest who has ingested a harmful substance?

    <p>Procedure 01–03 (A), Procedure 10–06 (D)</p> Signup and view all the answers

    What action should be taken when an arrested person with a guide dog is being considered for continued detention?

    <p>Accommodate the guide dog with friends or relatives (C)</p> Signup and view all the answers

    What should the Officer in Charge ensure when an arrest has been made?

    <p>The public interest is considered in continued detention (D)</p> Signup and view all the answers

    Which document must be served to a person when releasing them on either a Form 9 or Form 10?

    <p>TPS 493 (B)</p> Signup and view all the answers

    In which situation should an arrest of a foreign national be avoided?

    <p>During a religious ceremony or judicial hearing (B)</p> Signup and view all the answers

    What must be checked if an arrest involves an arrest warrant?

    <p>The Master Name Index (MNI) (D)</p> Signup and view all the answers

    What should be done for an arrested person who has difficulty communicating due to a medical problem?

    <p>Comply with Procedure 04–09 (D)</p> Signup and view all the answers

    What must be recorded in the Unit Commanders Morning Report (UCMR) after an arrest?

    <p>All particulars regarding the arrest (C)</p> Signup and view all the answers

    When should a person be transported to the hospital after an arrest?

    <p>If they have ingested a potentially harmful substance (D)</p> Signup and view all the answers

    Study Notes

    Arrest Authority

    • Section 494 of the Criminal Code (CC) allows for arrest without a warrant by any person.
    • Peace officers have additional powers under sections 495(1), 524(2), 525(6), and 31(1) CC.
    • Arrest authority for peace officers includes:
      • Arresting anyone who has committed or is about to commit an indictable offence.
      • Arresting individuals found committing a criminal offence.
      • Arresting those wanted on a warrant within the officer's jurisdiction.
      • Arresting individuals violating terms of criminal release or committing offences while on release.
      • Arresting those breaching the peace.

    Continuation of Arrest

    • Police cannot arrest for summary or dual procedure offences if public interest is satisfied, which includes:
      • Establishing identity.
      • Preserving evidence.
      • Preventing further offences.
      • Ensuring court appearance.
      • Protecting victims or witnesses.
    • Types of release when public interest is satisfied:
      • Unconditional with no intent to proceed.
      • Unconditional with intent for a criminal summons.
      • Via Appearance Notice (Form 9).
    • Arrest may continue if public interest is not satisfied or for specific indictable offences, excluding dual procedure and 553 offences.

    Provincial Offences

    • Specific provincial statutes, like the Highway Traffic Act, give police authority to arrest but no general power for provincial statute violations.

    Arrest in a Dwelling-House (Feeney Warrants)

    • Generally, police need a warrant to enter a dwelling for arrests.
    • Exceptions where entry is allowed without a warrant include:
      • Warrant is endorsed with entry authorization.
      • Emergency situations to prevent bodily harm or evidence destruction.
      • Fresh pursuit circumstances.
    • Mandatory announcement before entry unless immediate announcement would endanger safety or risk evidence loss.

    Medical Considerations

    • Positional Asphyxia: Restraint positions can compromise breathing. Sit individuals to promote safe breathing.
    • Excited Delirium: Symptoms include violent behavior, hallucinations, and heightened strength. Treatment requires medical emergency response.

    Race and Identity-Based Data Collection

    • Toronto Police Service must collect and report data on race interactions with the public as per Policy 16-07.

    Responsibilities of Police Officers During Arrest

    • Must identify as a police officer and inform the individual of the arrest reason and rights.
    • Required to conduct a Person Query and document all relevant details in the memorandum book.
    • Handcuffing is necessary unless justified otherwise considering individual circumstances.

    Special Considerations During Arrest

    • Must provide reasonable telephone access post-arrest and secure care for dependents if needed.
    • If an arrested person poses a medical risk (e.g., intoxication, harmful substance ingestion), immediate medical action is required.
    • Must comply with procedures for non-English speakers and consider special accommodations for individuals with disabilities.

    Release Procedures

    • Ensure safety of both the released person and others at the time of release.
    • Service of TPS 493 is mandatory upon release.

    Handling Foreign Nationals

    • Special issues arise with diplomatic officials’ arrests—embassies are outside local jurisdiction.

    Officer in Charge Responsibilities

    • Ensure continued detention decision considers public interest factors.
    • Complete necessary eReports and document relevant particulars in the Unit Commanders Morning Report (UCMR).
    • Ensure compliance with release provisions and proper documentation upon release.

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    Description

    This quiz covers the procedural aspects of arrests under provincial offences, including the authority granted by individual statutes such as the Highway Traffic Act and the Liquor Licence Act. It explores the conditions under which an arrest may or may not continue, focusing on the legal requirements related to documentation. Perfect for law students and professionals in the field.

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