Peace Officer's Limitations to Arrest PDF

www.opcva.ca Federal Law 7 Peace Officer’s Limitations to Arrest Version: BCT Federal Law September 2022SL © Queen's Printer for Ontario, 2018 REVIEW 2 Reasonable Grounds 1. Subjective belief of the officer 2. Justified by the objective belief of a reasonable person taking into account the f...

www.opcva.ca Federal Law 7 Peace Officer’s Limitations to Arrest Version: BCT Federal Law September 2022SL © Queen's Printer for Ontario, 2018 REVIEW 2 Reasonable Grounds 1. Subjective belief of the officer 2. Justified by the objective belief of a reasonable person taking into account the facts and circumstances 3. Goes beyond mere suspicion 3 Arrest is : accomplished when you take or get physical control of a person with intent to detain 4 S. 494(1)(a) C.C. states that anyone may arrest without warrant: A person who he finds committing an indictable offence 5 S. 494(1)(b) C.C. states that anyone may arrest without warrant: • A person who, on reasonable grounds, he believes has committed a criminal offence AND • is escaping from AND • freshly pursued by persons who have lawful authority to arrest that person. 6 S. 494(2)(a)(b) C.C. states that an owner or person in lawful possession of property or a person authorized by owner or person with lawful authority may arrest without warrant: • A person who they find committing a criminal offence on or in relation to the property AND • They make the arrest at that time OR • Arrest is made within a reasonable time after the offence is committed AND • Believe on reasonable grounds peace officer cannot make the arrest at that time 7 S. 495(1)(a) C.C. states that a peace officer may arrest without warrant: • A person who has committed an indictable offence • A person who on reasonable grounds, he believes has committed OR • is about to commit an indictable offence 8 S. 495(1)(b) C.C. states that a peace officer may arrest without warrant: A person whom he finds committing a criminal offence. 9 Your authority to arrest an individual for a Federal Statute is found in: The Criminal Code 10 Arrest vs Charge Arrest versus Charge: A police officer may arrest a person for committing a criminal offence, but not charge and vice versa, may charge a person for committing a criminal offence where that person has never been arrested. A charge may be the outcome of an arrest, but we never arrest for the purpose of laying a charge 11 Change in Jeopardy Rights to Counsel and Caution When the police decide that they are investigating a different and/or more serious offence after arresting/detaining someone, they should advise of the right to counsel and caution a second time and indicate to the detainee that they are now a suspect for a different and/or more serious crime. The detainee's decision as to whether to obtain a lawyer might well be affected by the seriousness of the charges. If the detainee has already spoken to a counsel, they must be given an opportunity to speak to counsel again on the more serious charges. 12 R/G consider: Confession Credible witness Circumstantial Recognize Classify Authority • s. 494 • F/C Ind • Helper-R/G Crim + L/A • Owner –F/C Crim • s. 495 • R/G Ind P-P-F • F/C Crim • R/G R/G Charges (TIPP) warr/jurisd/effec t • s. 495.1 • s. 31 Reason for arrest PIC R/G or F/C? Prevent continuation Investigate Court If yes, 6 steps to arrest •ID as Police •Tell them they're under arrest •The reason for arrest •Physical control •RTC •Ensure they understand reason for arrest and RTC Limitation to arrest s. 495(2) PRICE Information/ Radio Call R/G = subjective + objective RCA Facts in Issue Time/date Identity Place Plus elements Objectives To demonstrate an understanding of the statutory limitations to a Peace Officer’s arrest authority arrest as set out in s. 495(2) C.C. 14 Limitation to Peace Officer’s Authority to Arrest Section 495(2) C.C. A peace officer SHALL NOT ARREST a person without warrant for: a) 553 indictable offences b) dual procedure offences c) summary conviction IN CASES WHERE 15 Limitation to Peace Officer’s Authority to Arrest d) he believes on reasonable grounds that the public interest, having regard to all the circumstances including the need to i. establish the identity of the person, ii. secure or preserve evidence of or relating to the offence, or iii. prevent the continuation or repetition of the offence or the commission of another offence, may be satisfied without so arresting the person, and e) he has no reasonable grounds to believe that, if he does not so arrest the person, the person will fail to attend court in order to be dealt with according to law. 16 P.R.I.C.E. Section 495(2) C.C. Public Interest (includes) • Protect the public and community • Protect the accused and victim • Protect property • Prevent breach of the peace P.R.I.C.E. Repetition or continuance Identity Court Evidence 17 As an investigator, if I don’t arrest… Can I still charge? Section 497 C.C. Where a peace officer does not arrest he MAY: Issue an appearance notice for (a) s. 553 indictable offences (b) dual procedure (c) summary conviction (Note: an appearance notice can only be issued if there is an arrest authority. If not found committing for a summary conviction offence cannot use an appearance notice must go by way of criminal summons) 18 Duty Upon Arrest S. 29 C.C. (2) It is the duty of everyone who arrests a person, whether with or without warrant, to give notice to that person, where it is feasible to do so, of (a) the process or warrant under which he makes the arrest; or (b) the reason for the arrest. 19 Duty Upon Arrest Charter of Rights and Freedoms 10. Everyone has the right on arrest or detention: (a) to be informed why they have been arrested; (b) to be informed of their right to retain and instruct counsel without delay; and (c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful. 20 Desktop Scenario 1 You have arrested someone for theft under $5000, provided rights to counsel and read the caution. They refuse to identify themselves, so you bring them back to the station to investigate further. They have spoken to duty counsel and after they have spoken to counsel; they identify themselves to you verbally. You receive further information from officers at the scene of the theft that a knife was used to threaten the person whose wallet they stole, and this is now a robbery. You learn they are wanted for several break and enters and there is an arrest warrant outstanding for robbery with a firearm at a gas station. What actions will you take with the new information? 21 Desktop Scenario 2 Police are called by the complainant to attend the Tim Horton’s on Main Street. You are dispatched and arrive on scene. Upon your arrival you are provided with the following information: The complainant stopped at Tim Horton’s to get a coffee and went into the store to purchase it. The complainant came out a few minutes later to find an unknown person in their car. The complainant yelled at the subject who ran off with the complainant giving chase. The complainant’s yelling caught the attention of a bystander who assisted them after he caught and arrested the subject. The subject denies everything and states they were “just out for a jog.” Another witness finds a wallet on the street between point of chase and where “arrest” was made. This witness tells you they saw the subject drop it. The complainant identifies the wallet and states that it was in the console of their car. The subject continues to deny everything, and is identified with a valid Ontario photo driver’s licence. The subject is currently on release by way of an appearance notice for a charge of Theft under $5000 with a court date next month. 22 Information/ Radio Call Classify Authority Reason for arrest Prevent continuation Investigate Court If yes, 6 steps to arrest Limitation to arrest s. 495(2) PRICE Recognize R/G consider: Confession Credible witness Circumstantial PIC R/G = subjective + objective R/G or F/C? RCA Facts in Issue Time/date Identity Place Plus elements Public interest • Protect public/community • Protect accused/victim • Protect property • Prevent breach of peace •ID as Police • s. 494 •Tell them they're under arrest Repetition •The reason for arrest • F/C Ind •Physical control Identity • Helper-R/G •RTC •Ensure they understand reason for Crim + L/A Court arrest and RTC • Owner –F/C Evidence Crim • s. 495 • R/G Ind P-P-F • F/C Crim • R/G warr/jurisd/effec 1. A citizen believes that a person in the store took some food and put it in their bag and t left without paying. Can they arrest them? • s. 495.1 2. You arrive at a residence and the homeowner tells you they saw someone in their • s. 31 shed damaging their bike. They arrested him. Is this lawful? 3. You arrive onscene of a shoplifter and PRICE is satisfied. Can you arrest the shoplifter? Homework Assignment Federal Law 7 workbook questions Federal Law 7 OPCVA quiz questions Don’t forget your federal law open workbook questions!! 24