EPS Patrol Supervisor Responsibilities PDF

This chapter contains information about the daily responsibilities of a Patrol Supervisor. Much of the information here will also be of value to Supervisors in non-patrol areas. For more information on the daily duties described in this chapter, log onto EPSnet and use the search function. LEARNING OBJECTIVES Demonstrate leadership responsibilities and uphold EPS values as a Patrol Supervisor Explain daily highlights processes, incident synopsis and roles of the Watch Commander and Supervisor Conduct effective parades by preparing and assigning tasks, reviewing intelligence and foster professional camaraderie Understand minimum staffing requirements TOPICS Role and Responsibilities of Staff Sergeants in the EPS Daily Highlights and Reporting Requirements CEW Downloads and Management Criminal Flight Event Forms and Oversight Vehicle Photo Violation Review Process Category 2 Use of Force Reviews Team Commander Role and Responsibilities Risk Effective Decision Making (REDM) for Team Commanders Communication Responsibilities of Team Commanders Reporting and Oversight in Police Reports Oversight of Search Warrant Executions Drafting Briefing Notes and Financial Variance Reports Reviewing Citizen Complaints Chain of Command Notification Protocols Duty Officer Notifications Section 46.1 Notifications ICOL Procedures Detainee Management and Strip Search Authorizations Medical Accommodations for Employees Personnel Loans and Training Opportunities Overseeing Assignment Opportunities or Postings Community Policing Bureau Positions and Selection Process Recognition and Awards in the EPS Whether you are fulﬁlling the role of Watch Commander (WC), Team Commander or Administrative Support, the rank of Staﬀ Sergeant is primarily a middle management position within the EPS. As such, Staﬀ Sergeants are expected to support the EPS Vision of being a "forward thinking police service that strengthens public trust through addressing crime, harm and disorder." They are also expected to mirror the EPS Mission in being "relentless on crime and a leading partner in building community safety." Regardless of your position within the EPS, your role as a Staﬀ Sergeant in relation to the members under your command is twofold: 1\. Act as a coach and mentor; and 2\. Manage and reinforce performance as required. Staﬀ Sergeants must demonstrate leadership in all things. This means advocating and supporting when appropriate, but it also means hosting diﬃcult conversations and managing substandard behaviour when it is identiﬁed. This chapter talks about the myriad roles and responsibilities that a Staﬀ Sergeant can expect to encounter on a regular basis. DAILY HIGHLIGHTS Watch Commanders are responsible for both Internal and External Highlights. In most circumstances, highlights placed on the External Highlight Sheet will also be placed on the Internal Highlight Sheet to ensure the information is being appropriately shared. Types of events that should be included on the Daily Highlights include: Criminal flights Category II Uses of Force Robberies Serious assaults Suspicious deaths 46.1 notiﬁcations along with signiﬁcant investigations or arrest involving intimate partner assaults, sexual assaults and kidnappings Information being described in a highlight should be succinct and factual. Identify: Date and time Member i/c and list location (if the event was taken over by a specialized unit or if they were consulted, include the name of the detective) Gender and age of the complainant or victim (NOT their name) Full name and birthdate of the accused and whether they were lodged or released Full list of oﬀences THINGS TO REMEMBER: ONLY include the gender and age of the complainant or victim. DO NOT include their name. If the suspect or accused is a Young Person, ensure that the Highlight is clearly marked as NOT FOR MEDIA RELEASE. Sensitive information may be shared with the Inspector and Superintendent via email or phone. CEW DOWNLOADS Watch Commanders retain the CEW devices under lock and key and are ultimately accountable for their dispersal and adherence to branch business rules. The WC provides them to the Sergeants to distribute on Parade, or in some cases will provide them directly to appropriately trained constables prior to their shift. CEW devices deployed to control a subject contain data relevant to many parties. Watch Commanders are trained to download Taser 7 devices through Axon evidence.com website. NOTE: Watch Commanders who have not received the training must identify another Watch Commander or Duty Oﬃcer to assist when needed. An electronic copy of the device log in relation to the deployment is saved on evidence.com A hard copy of the device log is printed and provided to the involved member so that it can be included as an attachment to the ﬁle Replacement cartridges are maintained by the Watch Commander PHOTO VIOLATIONS Staﬀ Sergeants are responsible for reviewing all photo violations received by members under their command. They are required to: Review the comments from the member and supervisor and ensure the provision of Section 63 or 64 of the UHR have been met Review the Supervisor's analysis of the circumstances has considered all the appropriate policy Ensure that any remedial coaching and mentoring was appropriate and completed A Staﬀ Sergeants should review any notes, CPIC, MVB records, Inet CAD queries to ensure their decisions are informed. In addition, Staff Sergeants are expected to ensure the explanation provides tactical or operational considerations when a driver contravenes the UHR while limiting the use of their emergency equipment. Ultimately, they are to determine if the actions and decisions of the driver were objectively reasonable and safe at the time of violation. VEHICLE PHOTO VIOLATION FORM When a Photo Violation Review is required, a Vehicle Photo Violation Form must be completed. The Staﬀ Sergeant must review the particulars of the oﬀence to determine if the violation is low risk, medium risk, high risk or require a mandatory supervisory review. The Staﬀ Sergeant is responsible for determining if a summons was issued to the City of Edmonton or if the violation was a non-summons. The Staff Sergeant is responsible for adhering to diary dates set by Traffic section and ensuring the branch/work area tracks outstanding violations. The Staﬀ Sergeant must provide their opinion as to whether the violation was justiﬁed, and provide recommendations on what type of follow up, if any, is required. The form is then returned directly to the Inspector or ﬁrst to the Administrative Staﬀ Sergeant in the case of patrol branches, as Administrative Staﬀ Sergeants provide input prior to submission to the Inspector. Administrative Staﬀ Sergeants will: Review the comments from the member and their chain of command to ensure there is consistency of evaluation throughout Ensure the proper event chronology and photos are attached Return the Photo Violation Review Form if there are inconsistencies through the chain of command to ensure there is consensus Be satisﬁed that the three criteria justifying a violation have been met ○ Violation occurred when the driver was in the lawful execution of their duties. ○ Violation was objectively "Reasonable" and "Safe" ○ Violation did not breach EPS Policy & Procedure Ensure the articulation in respect to Section 63 and 64 of the UHR is clear Ensure the branch adheres to diary dates set by Traffic section. Ensure articulation is provided in relation to tactical or operational considerations when operating a vehicle "code 3" Submit all justified non-summons and summons to traffic section If the violation is determined to be unjustiﬁed, request a driver history from Traﬃc Safety Section and arrange for a supervisory review with the member to be conducted by the Branch Inspector. \*\*If the violation is unjustiﬁed, the Branch will incur the cost of the summons. CATEGORY 2 USE OF FORCE REVIEW Staﬀ Sergeants need to be aware of every Category II Use of Force within their span of control and promptly notify the Duty Oﬃcer. Staﬀ Sergeants must ensure that: An appropriate supervisor (not involved in the application or directing the application of force) is assigned to review and investigate the circumstance around the use of force Perishable tasks are completed in a timely fashion (locating and interviewing witnesses, collecting video) Who reviews Category II Use of Force events involving Tactical members? During a pre-planned tactical event or SOP: ○ Tactical Sgt and/or ○ Tactical S/Sgt During a patrol assist or non-planned tactical event: ○ OSM with assistance from the Tactical Sgt MINIMUM STAFFING REQUIREMENTS Minimum staﬃng requirements diﬀer based on Division; unit and shift and are predetermined in CARM. Differences include: How many people are on at any time? How many one-person and two-person units are required? WHAT IF SQUAD LEVELS ARE INSUFFICIENT TO MEET THE MINIMUM LEVEL? In this case, the Supervisor must advise the Watch Commander immediately. If the WC deems it necessary, they will approve overtime call-out to meet minimum staﬃng levels. Prior to speaking to the WC, check the numbers of the shoulder squads working before and after your squad to see if their manpower helps bump up your squad to its minimums. This will allow the WC to make a more informed decision about whether to call in overtime. SWEARING/AFFIRMING DOCUMENTS As a Staff Sergeant, you act in the capacity of a Justice of the Peace to swear to applicable legal documents in accordance with EPS Policy. This may include warrants or summonses. Per Bill 19, summonses no longer need to be sworn by a Commissionaire of Oaths You can swear or aﬃrm someone if you are not involved in the ﬁle Swearing or aﬃrming documents must always be done in person. ○ The member may either swear or aﬃrm an oath, at their option AFFIRM THE OATH SWEAR THE OATH Do not hand the member a bible or ask them to raise their hand. Distinguishing actions: Ensure that the words in the introduction to the affidavit read, \"solemnly aﬃrm and declare\" (instead of \"make oath and say) Ask the member: \"Do you solemnly aﬃrm and declare that the contents of this (aﬃdavit, information etc.) are true?\" Directly before the member\'s signature on the document, insert the following sentence: \"I certify that \[name\] has satisﬁed me that he/she was a person entitled to aﬃrm Have the member hold a Bible in their right hand or simply have them raise their right hand. Distinguishing actions: Ensure that the words in the introduction to the aﬃdavit read, \"make oath and say.\" Ask the member, \"Do you swear that the content of this (aﬃdavit, information, etc.) are true so help you God?\" REPORTING Staﬀ Sergeants play a critical role in ensuring that oﬃcial police reports are well-articulated, thorough and complete. Watch Commanders are responsible for reviewing fresh arrest reports and communicating with DMU around lodge arrests. They provide a vital oversight role by: Participating in pre-charge consultations Approving criminal charges Making the ﬁnal decision whether an arrested person will be lodged or released PROVIDING OVERSIGHT TO SEARCH WARRANT EXECUTIONS Before a member executes a Search Warrant, they must send an electronic copy of the "Search Warrant Execution Planning and Reference Guide\" to the Watch Commander or Team Commander for review and electronic signature. This is an in-depth document which is used to assess risk. The form is then emailed to the Duty Oﬃcer for comments and ﬁnal approval. NOTE: Only when the Search Warrant Execution Planning and Reference Guide is approved by the Duty Oﬃcer can the members execute the Search Warrant. DRAFTING BRIEFING NOTES Brieﬁng notes are intended to convey 1) information; or 2) a recommendation that requires a documented chain of command review or approval. Their content provides background and an explanation identifying the issue and the reasons it is being briefed up the chain of command. Brieﬁng notes are submitted by the author through their chain of command. They are addressed to the highest-ranking member reviewing and providing approval. Brieﬁng notes should be concise and to the point. The author should address funding requirements and sources as well as impacts within the organization. FINANCIAL VARIANCE REPORTS Variance reporting is meant to be proactive in tracking a work area\'s budget. Each work area\'s yearly allotted budget is equally divided across the 12 months of the year. On a monthly basis, Staﬀ Sergeants should compare their predicted expenditures to their actual spending. The variance is the diﬀerence between the two and indicates either an overspend or underspend at that point in time. This lets Staﬀ Sergeants reallocate excess money from elsewhere in the budget to oﬀset an overspend, thereby keeping the budget balanced (variance reporting also helps project future overspends or underspends). Variance reporting is a monthly responsibility whereby each Section reports on their budget speciﬁc to non-personnel expenditures. These budget items relate directly to a work area\'s Cost Centre, which is subdivided into diﬀerent Cost Elements. Examples include: Advertising Materials & Supplies Vehicle Costs Furniture & Equipment Building Costs Internal Services Travel & Training Contract & Services The only personnel expenditure that requires tracking and reporting is Overtime Expenditures. CHAIN OF COMMAND NOTIFICATION PROTOCOLS There are occasions when the Inspector and Superintendent should be notiﬁed of incidents occurring within the Branch or Division. These updates occur via cell phone or email, depending on their severity. The best way to determine the notiﬁcation requirement is to assess the severity of the incident and if one might reasonably expect that the Inspector or Superintendent may be contacted by the Chief of Police, Deputy Chief or other concerned area (i.e., Human Resources Division) seeking information. The Staﬀ Sergeant should consider: What is the sensitivity of the information? What is the risk to the organization? What is the associated risk to the health and welfare of the employee or their family? DUTY OFFICER NOTIFICATIONS Watch Commanders must liaise with the Duty Oﬃcer on signiﬁcant events. Common examples include: Category II Use of Force Service Vehicle Collisions Assault Police Oﬃcer At times, the Duty Oﬃcer is required to determine the course of action that will be taken. DETAINEE MANAGEMENT Staﬀ Sergeants are responsible for all aspects of Detainee Management within a Temporary Holding Cell. They must provide oversight of all detainees\' detention and remain cognizant of the overall status of the Temporary Holding Facility throughout their shift. Responsibilities include: Ensuring a detainee's well-being, including meeting any medical and nutritional needs (primary concern!) Ensuring the Temporary Holding Facility Detainee Log is completed Discussing any issues with the Peace Oﬃcer on duty Conversing with the outgoing Watch Commander as to the status of the holding cells Being aware of any use of force occurring within holding cells Being cognizant of the 24 hours in custody limit and liaising with DMU and IMAC as required Ensuring detainees who are being released are aﬀorded transportation, bus ticket, phone calls, proper footwear/clothing Signing the Detainee Log on the detainee's release Prior to their release asking prisoners the appropriate questions: ○ Do they understand the reason for their arrest and any charges they are facing? ○ Do they have any injuries, medical conditions, illnesses or require any medications? ○ Do they have any questions? AUTHORIZING STRIP SEARCHES Legally speaking, a strip search is not just the removal of undergarments, but also the removal or repositioning of outer layers of clothing which expose the undergarments or private areas. While strip searches are becoming far less frequent, it is still important to know under what circumstances they are appropriate. Because Staﬀ Sergeants are the ultimate deciders of whether a strip search is justiﬁed and will occur, they must review not only the grounds to conduct the search, but also: The manner in which the search is to be completed (protect the detainees integrity by not causing them to be completely naked during the search) The area of the search (limit the number of members, turn oﬀ the CCTV camera feed to the building monitors, etc) PROPERTY/ VEHICLE DAMAGE The OSM is required to attend and manage all scenes which involve a Police Service Vehicle collision or if property is damaged as a result of EPS action. THE OSM RESPONDING TO THE SCENE SHALL: Ensure the DO and WC are notiﬁed. Respond to the scene and in consultation with the DO, determine whether the Major Collision Investigations Unit (MCIU) or the OSM should conduct the investigation. If securing of third party property is necessary due to the collision, obtain DO approval to contact the City of Edmonton contractor. Ensure an eClaims report (formerly known as ICOL reports) is submitted for Service Vehicle Collisions (SVC) and Direct Vehicle Contact (DVC) incidents. Ensure an eClaims report is submitted for the damage to a third party's property if it is determined that the EPS would be legally required to pay for the damage, or where the Legal Advisors Section requests an eClaims report because the City has received a damage claim. Ensure the investigation of the incident is documented and completed via the Cority portal as set out in HR33-3PR Occupational Injury and Illness Procedure in the event of an injury to a member (ﬁrst aid/minor injury, medical aid or lost time). If assigned to conduct the investigation, the OSM must follow the steps listed under assigned Investigator or may delegate to a suitably qualiﬁed Supervisor or Constable who was not the Operator or passenger of the SVC vehicle. If the investigation is delegated to a Supervisor or Constable, the OSM must check the investigative ﬁle for completeness and thoroughness and redirect back to the Investigator if further work is required. Forward the completed investigative ﬁle to the WC. SERVICE VEHICLE COLLISIONS INVESTIGATING THE INCIDENT OPERATING THE VEHICLE There are specific duties for the vehicle operator and OSM. Investigations will be conducted by either Traffic Section, Patrol Division or by the City of Edmonton Fleet Safety, depending on circumstances as outlined by EPS policy. A Service Vehicle Collision (SVC) is any collision causing death, injury or property damage between any vehicle owned or leased by the EPS and another vehicle or object. OPERATOR of the EPS vehicle will: Notify Police Communications, the OSM, and the Watch Commander Not make any statement of fault to other parties Not investigate their own SVC By the end of their shift complete: "Driver's Statement Form" as required by the Traffic Safety Act (TSA) An \"eClaims\" report "Workers' Compensation Board (WCB) Worker's Report" if the driver received medical attention The INVESTIGATOR assigned by the Duty Officer (either MCIU or the OSM or designate) will: Attend the scene and complete an investigation into the SVC Not take any enforcement action against the sworn member Generate an occurrence number and enter a summary and investigation into Niche Contact Fleet Management Section Complete, or cause to be completed, the "TSS-284 Collision Report Form" and forward a copy to the EPS Disability Management Consultant for submission to WCB DAMAGE CLAIM PROCEDURES EPS AT FAULT FOR THIRD PARTY DAMAGE Damage to third party property that reasonably ﬂows from the lawful execution of a member's duties (i.e. breaching a door while executing a warrant) will likely not be covered by the EPS or City of Edmonton. Damage that does not reasonably result from the lawful execution of a member's duties (e.g. leaving a detainee's purse on the roof of a patrol vehicle and driving away) will likely be covered. If the actions of an EPS member(s), in the performance of their duties, cause damage or loss to a member of the public's property, then the third party might be reimbursed depending on the circumstances. If the responsible member believes the EPS should pay for the damage (i.e. would be legally required to pay), or if the Legal Advisors Section directs the member to report the damage, then the member should do so via the City of Edmonton eClaim form. If the actions of an EPS member cause damage or loss to a member of the public's property, but the damage is not signiﬁcant (e.g., minor damage to cell phones, etc.), then the responsible member may seek approval through his divisional chain of command to have the damage paid for through the division's budget. If this is approved, then the responsible member does not need to submit additional reporting via eClaims but should include within the investigative ﬁle a description of the property that was damaged, the date and location where the damage occurred, how the property was damaged and any photographs of the damaged property. DAMAGES TO EPS PROPERTY From time to time, third parties damage EPS property. Where the Division wants the City to pursue compensation from the party who damaged the property and the damage is over \$500, report the incident using eClaims. ADEQUATE DOCUMENTATION Staﬀ Sergeants can now expect to be subpoenaed to court with respect to why they authorized the search. They must therefore ensure that adequate documentation is captured on the authorization form. Notes must be made at the time with respect to any additional information arising from conversations with the members that may have inﬂuenced the S/Sgt\'s decision. DETAINEE\'S RIGHT Staﬀ Sergeants must also be aware of the detainee\'s right to request a speciﬁc-gendered member to conduct the search based on the detainee\'s identiﬁed gender. CONSIDERATIONS: Continuity of Accused - objective of the search are considerations Review and approve Strip Search Authorization Form Forms part of disclosure - copy of form also accompanies the accused to DMU MEDICAL ACCOMMODATIONS As an employer, the EPS has a legal duty to accommodate employees requiring medically supported modiﬁed duties. Staﬀ Sergeants should ﬁrst attempt to identify meaningful work responsibilities, within the assigned area, that can reasonably accommodate the member for the required time frame. If this proves difficult or presents an undue hardship, they should involve the Disability Management Unit and their Human Resources Advisor. PERSONNEL LOANS Providing members with developmental opportunities beneﬁts individual members and the organization as a whole and fosters goodwill. When making decisions around temporary loans, Staﬀ Sergeants need to take into account which work area will be covering the personnel costs. If the loan is for one set or less, it can be reﬂected in CARM. If the loan is longer than one set, a Transfer Sheet needs to be completed. In most areas, the Inspector will only get involved in these developmental opportunities if they extend beyond one week. PROVIDING TRAINING OPPORTUNITIES Staﬀ Sergeants should work collaboratively with the Sergeants under their command to fairly and consistently select members to attend the most desirable courses. They should look to oﬀer a consistent approach across the diﬀerent Sections but should generally consider such criteria as: Seniority Motivation Career aspirations Number of applicants Time in the Section Best beneﬁt to the organization OVERSEEING ASSIGNMENT OPPORTUNITIES OR "POSTINGS" The Staﬀ Sergeant\'s overarching goal in any selection process must be to ensure it is fair, objective and defendable. The selection process is expected to withstand the scrutiny of both the EPA and HRD. COMMUNITY POLICING BUREAU (CPB) POSITIONS Vacant positions within Community Policing Bureau follow a diﬀerent approach than Service-wide Assignment Opportunities or \"postings.\" All CPB positions are considered Essential Positions (as deﬁned by the Collective Agreement). To ensure its members are not competing against members from Specialized positions, the EPA and HRD have agreed to the following process when deciding how far and wide they will solicit applicants and in what order: Constable vacancies within a Patrol Branch 1\. Division-wide 2\. CPB-wide 3\. Service-wide Promoted vacancies within a Patrol Branch 1\. CPB-wide 2\. Service-wide All vacancies with CSID 1\. CPB-wide 2\. Service-wide RECOGNITION A Staﬀ Sergeant is uniquely positioned to reinforce good behaviour and motivate their employees whenever possible. Timely and formal recognition of an employee's accomplishments is an important part of this endeavour. Be aware of the following and plan accordingly: The Award of Merit requires only support through the Divisional Management Team Higher awards require a formal nomination through to the Awards Board All relevant information associated with EPS Awards is available on EPSNet under Employee Recognition. COMPUTER AIDED RESOURCE MANAGEMENT (CARM) & LMS Upon being assigned to a supervisory position, Sergeants are given admin privileges in LMS which allows them to approve course requests for those members under their command. The primary deciding factor when approving requests should be manpower and minimum staﬃng. Administrative permissions to approve course requests are also given to everyone in a member's immediate chain of command. T/A Sergeants do not have the ability to approve course requests in LMS. When the substantive Sergeant is away, course approval falls to the assigned WC. In these cases, constables need to advise the T/A Sergeant when there is a Manager Approval Request waiting in LMS, the T/A Sergeant will check manpower and advise the WC to approve or deny the request accordingly. CHAPTER 2 This chapter provides guidance on effective interactions between law enforcement professionals and the media, emphasizing the importance of clear communication, collaboration and utilizing media resources to aid investigations. LEARNING OBJECTIVES Develop effective communication skills for interactions with journalists. Understand the role and assistance provided by the Media Relations Unit (MRU) in dealing with media inquiries. Learn the process of media interviews, including preparation, potential questions, and the support offered by MRU. Explore collaboration opportunities with media outlets to enhance investigations TOPICS Dealing with Journalists Media Interviews Media Assistance in Investigations Collaboration with Media Relations DEALING WITH JOURNALISTS You can refer journalists to the Media Relations Unit (MRU) at 780-421-3551 or mediarelations\@edmontonpolice.ca. Unless it is a high-level incident or a matter of public safety, journalist's inquiries are returned during regular oﬃce hours (Monday to Friday, 08:00-16:00 hrs). Journalists can also call Divisional WC for information on operational incidents that are unfolding. For journalists looking for comments at the scene, the DO or another oﬃcer approved to speak may be available. EPS members who need to reach MRU can call the 24-hour on-call line at 780-391-6051 (internal \# only, do not give out). For after-hours callout, please check with the DO first to confirm it requires an immediate response. MEDIA INTERVIEWS If you are asked to do an interview, Media Relations can help you prepare. If you are asked by a member of the media to do an interview, connect with MRU first. Many members find doing a mock interview helpful. ○ MRU can help you prepare for tough questions or questions you can't answer due to the status of your investigation. MRU often has background on the reporter or news outlet that is helpful to know, and context from previous interviews on the topic that can help you feel prepared. MRU may also reach out to you to do media interviews on specific topics that you are an expert on. Members below Inspector rank are not generally asked to do controversial or politically complex interviews. The news will use a very short snapshot of your interview. They choose brief, articulate clips. They are trying to make a smooth news clip; they are not trying to make you look bad. Interviews are very rarely live. You can do another take if you don't like the way you said something. Having our members on the news is good for EPS! It can help educate the public, share crime prevention tips, or advance investigations. HOW MRU CAN HELP YOU Members can contact MRU for a news release to assist with their investigations. Common examples include: Assist to ID (if you have photos, video, or a good suspect description) Assist to locate (if public tips might help you locate a suspect) Duty to warn (if there is a risk to the public, especially if a series is identified) Missing person (when possible, please liaise with Missing Persons Unit when requesting a news release) Seeking witnesses, tips, surveillance video, etc. NOTE: MRU is also interested in your good news stories, good arrests, concluded series investigations, etc. These files may be candidates for a news release, or they may be featured on social media. Please reach out to MRU for a consultation on your file. CHAPTER 3 Criminal Flight Events (CFEs) are inherently dangerous activities that must be balanced against the need to arrest the subject versus the risk of allowing the subject to escape. The primary concern of members during a CFE is public and officer safety. Each CFE must be continually assessed relative to the risk in consideration of subject, officer, and environmental factors and how those factors relate to public safety. LEARNING OBJECTIVES Explain the role and responsibilities of a CFE supervisor in managing and overseeing criminal flight events Describe the key components of the criminal flight policy statement and the procedures Outline the process for reviewing and evaluating criminal flight events Understand the protocols and considerations involved in deliberate vehicle contact tactics Explain the concept of CFE mitigation tactics and the responsibilities of a Criminal Flight Tactics Specialist Prioritize public and officer safety by evaluating subject, officer, and environmental factors in relation to the risks posed by a criminal flight event TOPICS Definitions Criminal Flight Policy Statement Criminal Flight Event Procedure Criminal Flight Review Procedure Deliberate Vehicle Contact Procedure DEFINITIONS CRIMINAL FLIGHT Occurs when it is perceived that a driver is evading police. CFE SUPERVISOR The member assigned command of the CFE. CRIMINAL FLIGHT EVENT (CFE) Encompasses all activities related to an actual or potential criminal ﬂight occurrence including: 1\. The criminal ﬂight itself, regardless of whether a criminal ﬂight response was initiated. 2\. A criminal ﬂight response. 3\. Any terminated criminal ﬂight response. 4\. The application of vehicle intervention tactics. CRIMINAL FLIGHT RESPONSE (CFR) Occurs when any police oﬃcer, except for Flight Ops, follows a vehicle that is evading, or perceived to be evading police. DIVISIONAL MANAGEMENT TEAM Consists of the Superintendent and Inspector in the division. CFE MITIGATION TACTICS Any act by a member that attempts to disadvantage the subject to prevent or terminate a CFE. This includes prevention techniques for stationary vehicles and intervention techniques for moving vehicles. CRIMINAL FLIGHT TACTICS SPECIALIST A member who has been trained and is certiﬁed through Training Section to deploy and/or con- duct a CFE Mitigation Tactic during a CFE. CORITY Online reporting system for occupational health and safety matters. EVADE An overt action by a driver that is outside of a normal driving pattern, indicating that the driver is attempting to elude or get away from police. This may include successive aggressive turns, going left of centre or obvious contraventions of traﬃc laws DELIBERATE VEHICLE CONTACT (DVC) LEVEL 1 COMMANDER The act of intentionally contacting a motor vehicle, while stationary or in transit, with an EPS vehicle to render the other vehicle immobile. Includes when a subject vehicle intentionally contacts an EPS vehicle when EPS vehicles have intentionally restricted the movement of the subject vehicle and have come to a stop. DVC tactics include the box-in maneuver, Precision Immobilization Tactic (PIT), or pin. VEHICLE COLLISION The contact of a vehicle in transit with another vehicle, any object, animal, roadway, or person that results in property damage to any vehicle, object, or roadway regardless of degree and/or results in injury or death to any person involved. PRIMARY UNIT The police vehicle identifying themselves as the Primary Unit that is directly behind the suspect vehicle or supporting an aircraft following the suspect vehicle. PUBLIC SAFETY Public safety includes the safety of all persons. This includes all members of the public, police members, the subject, and passengers when a vehicle is involved. A member who has successfully met the requirements of the Level I Commanders Certiﬁcation. The Level I Commander is responsible for assessing the nature of a Critical Incident, assessing and conﬁrming the need for resources, establishing command, and initiating the Incident Command System. REASONABLE GROUNDS TO BELIEVE A set of circumstances that would satisfy an ordinary, cautious, and prudent person to believe beyond a mere suspicion. It is the point where credibly based probability replaces suspicion. REASONABLE SUSPICION Something more than mere suspicion and something less than a belief based on reasonable grounds. THIRD PARTY Any party who is incidentally involved aside from the main parties involved. This includes owners of private or public property. CRIMINAL FLIGHT POLICY STATEMENT Public and oﬃcer safety must be the primary concern when members enter into or take any action during a CFE. Members must continually assess the safety risk created or augmented by their actions related to a CFE against safety risks created by not apprehending the subject. Members must cease any CFE action that poses a greater or an unreasonable risk to public and oﬃcer safety. The EPS reviews all CFEs to assess the eﬀectiveness of policy, procedure, training and equipment. CRIMINAL FLIGHT EVENT PROCEDURE This procedure sets out best practices and responsibilities of sworn members in the interests of upholding public safety during CFEs. The following section will deal with CFE Procedures as follows: 1\. CFR Requirements 2\. Identiﬁcation of the CFE Supervisor 3\. Primary And Secondary Unit Requirements 4\. Radio Broadcasting 5\. ECOMB Responsibilities 6\. Ground Unit Responsibilities 7\. Inter-Jurisdictional Transfer of CFE Management 8\. CFE Termination 9\. CFE Mitigation Tactics CFR REQUIREMENTS Sworn members must not enter into a CFR unless they have reasonable grounds to believe that: 1\. THE SUBJECT HAS COMMITTED, OR IS ABOUT TO COMMIT, A CRIMINAL OFFENCE; AND The oﬀence of criminal ﬂight, or other oﬀences such as dangerous operation that arise following a police intervention are insuﬃcient to enter into a CFR. The goal in this instance is to allow the subject the opportunity to de-escalate their behaviour. 2\. A LACK OF REASONABLE ALTERNATIVE(S) EXIST(S); AND Other reasonable alternatives to apprehend the subject for the criminal oﬀence are unavailable or unsatisfactory given the circumstances. Unless exigent circumstances apply, a CFR must not be entered into, or must be terminated when: ○ The identity of the driver is established, and later apprehension can be accomplished without jeopardizing public safety, or ○ The subject vehicle is equipped with an internal GPS device that is active and the EPS is in contact with the GPS Company. 3\. THE NEED TO APPREHEND THE SUBJECT OUTWEIGHS CFR RISKS The risk to public safety with the subject at large is a greater than the risk to public safety that the CFR creates. IDENTIFICATION OF THE CFE SUPERVISOR 1\. Emergency Communications and Operations Branch (ECOMB) must ensure that a Level I Commander is assigned to act as the CFE Supervisor: An OSM or another Patrol Supervisor must act as the interim CFE Supervisor until a Level I Commander assumes command of a CFE. ✱ A Level I Commander must assume command as soon as possible. The DO must be notiﬁed of a CFE by ECOMB and may assume the role of CFE Supervisor from the originally assigned CFE Supervisor. ✱ The DO must assume the role of CFE Supervisor if another Level I Commander has not been assigned. 2\. CFE Supervisor Responsibilities: The CFE Supervisor has overall responsibility and accountability for the CFE until relieved, regardless of the rank of other involved members. Command must transfer to and remain with the next available CFE Supervisor if the current CFE Supervisor becomes directly engaged in the CFR, a prevention tactic, or an intervention tactic. 3\. NOTIFICATION - The CFE Supervisor must: Advise over the radio that they are in command. Determine the situation and provide a mission. Ensure CFE Tactics Specialists, Flight Ops, covert surveillance-trained resources, Canine Unit and if appropriate, Tactical Section are notiﬁed. Ensure the DO is notiﬁed. Manage resources and authorize mitigation tactics where appropriate. 4\. AUTHORIZE CFE MITIGATION TACTICS The CFE Supervisor may authorize or direct a vehicle prevention or intervention tactic to be applied. 5\. ASSESS PUBLIC SAFETY RISKS - The CFE Supervisor must: Continuously assess the level of risk the CFE presents to public and oﬃcer safety. Consider the danger that the Subject's driving behaviour creates before or during a CFE, and post CFR termination. The CFE Supervisor shall consider all available tactics to reduce that risk 6\. TERMINATE THE CFR- The CFE Supervisor must: Unless they believe circumstances exist that justiﬁes the continuation of a CFR, immediately terminate a CFR in accordance with Section H of Policy OP1-1PR. Conﬁrm the termination point of all involved units by physically attending the termination point or through vehicle mapping. If vehicle mapping is unavailable, the termination point must be attended by the CFE Supervisor or another member in the area with mapping, and who was not involved in the CFE. ○ After termination, the CFE Supervisor will assess the member(s) who are at the termination point and determine whether the member(s) may re-engage in the CFE, if necessary. ○ Refer to the OP1-2PR Criminal Flight Response Review Procedure for details on the CFE Supervisor's responsibilities at the conclusion of a CFE. Ensure that the Primary, Secondary and all other ground Units are adhering to Section C.3.b. (After Termination). Authorize the resumption of a CFR: ○ If it is in the best interest of public safety, and the CFR requirements are met, the CFE Supervisor may direct that the CFR be resumed. ○ A CFE Supervisor may authorize trained covert surveillance to observe the subject of a terminated CFR if it can be done safely and does not escalate the subject's behaviour. PRIMARY AND SECONDARY UNIT REQUIREMENTS 1\. To act as a Primary, Secondary or Criminal Flight Tactics Specialist Unit during a CFR, members must: Be a sworn member Not be carrying civilian passengers, including persons already in police custody 2\. The following are approved police vehicles for CFRs: Marked Police Vehicle Unmarked Police Vehicle -- if equipped with: ○ Strobes at all 4 corners of the vehicle ○ Deck lighting on both the front windshield and rear window ○ Strobe lighting on the side of the vehicle ○ Any other type of police vehicle may only be approved for use in a CFR by the CFE Supervisor in highly exigent circumstances and are to be relieved as soon as an approved vehicle is available. 3\. Primary and Secondary Unit Responsibilities: The Primary and Secondary Unit may change during a CFR, but only 1 Primary and 1 Secondary Unit must be operating at the same time unless otherwise directed by the CFE Supervisor. When Flight Operations (Flight Ops) takes position to monitor and follow the subject vehicle all ground units must terminate, unless otherwise directed by the CFE Supervisor. ENTER INTO CFR If the CFR requirements are met, the risk of apprehending the subject outweighs the risk that a CFR may create and other reasonable alternatives to apprehend the subject are unavailable, then only the Primary and Secondary Units may enter into a CFR. If the subject driver is known to be mentally unstable or suicidal, approval from the CFE Supervisor is required before initiating a CFR. Use Emergency Lights and Siren: during a CFR, the Primary and Secondary Units must continuously operate emergency lights and siren. If safe to do so, the Secondary Unit may turn oﬀ the siren when broadcasting information to improve communications. AFTER TERMINATION OF CFR When the Primary and Secondary Units terminate the CFR, they should continue to monitor the broadcast from Flight Ops (if present) and must: ○ Turn oﬀ all emergency equipment ○ Break visual contact with the subject vehicle by: ➔ Pulling over to the side of the road, or ➔ Making a turn onto a side street State over the police radio that: ○ All emergency equipment is oﬀ ○ They have come to a stop and their location ○ Ask for a time check Await direction from the CFE Supervisor By the end of their shift, the Primary Unit at the time of the criminal ﬂight (or, if a CFR was initiated, the Primary Unit at the time the CFR was concluded) must: ○ Consult with any other unit that held the position of Primary Unit during the CFE to obtain the necessary information. ○ Complete all regular reporting requirements. ○ Complete their portion of the "Criminal Flight Event Form" and submit it to the CFE Supervisor. The Form must be completed regardless of whether a CFR was initiated. RADIO BROADCASTING Members must forthwith broadcast information related to a situation that they believe has a propensity to become a criminal ﬂight or that has become a criminal ﬂight. ○ It is a shared responsibility among the members responding to a CFE, the CFE Supervisor and ECOMB to ensure that suﬃcient information is being broadcast and that a mission is provided. The CFE must be terminated if the responding member(s) fail to or are unable to broadcast suﬃcient information. ECOMB RESPONSIBILITIES The Dispatcher on the initial channel is responsible for maintaining dispatch duties and the overall control of police vehicles during the CFE, unless directed otherwise by the Dispatch Sergeant. When notiﬁcation has been received that a CFE is occurring or the dispatcher suspects a CFE is occurring, they must: 1\. Ensure the OSM and DO are notiﬁed and request a Level I Commander to act as the CFE Supervisor. a\. If they cannot be immediately contacted, advise the Dispatch Sergeant and assign an interim CFE Supervisor. i\. Refer to Section B.1. of this procedure for information on who may act as an interim CFE Supervisor when a Level I Commander is unavailable. 2\. Conﬁrm the Primary Unit and Secondary Unit. 3\. Broadcast an all-channels alert and clear all unnecessary police units from the relevant channel. a\. Ensure the CFE remains on the originating operational channel regardless of where the event may travel. 4\. Arrange for members requested by the CFE Supervisor to monitor the CFE. 5\. Broadcast on all channels when the CFE is terminated, and any further action directed by the CFE Supervisor. GROUND UNIT RESPONSIBILITIES Unless directed by the CFE Supervisor, other ground units must not: Make their way into the area of the CFE. Travel parallel to the CFE route, and/or pass or attempt to pass other police vehicles engaged in the CFR, unless requested to do so as part of an authorized mitigation tactic and the action can be performed safely. INTER-JURISDICTIONAL TRANSFER OF CFE MANAGEMENT An inter-jurisdictional transfer of CFE management occurs when: CFE LEAVING EDMONTON CFE ENTERING EDMONTON CFE leaves the boundaries of Edmonton; a radio patch must be established, as this becomes the jurisdiction of the RCMP. CFE must only continue upon authorization by the EPS DO. ○ The criminal ﬂight must continue to be managed in accordance with EPS Policy and Procedure until the Criminal Flight Supervisor successfully transfers command to the RCMP. The DO must approve the use of EPS resources as well as any intervention tactics considered outside the City of Edmonton. If a CFE initiated by another police service enters or originates in Edmonton: ○ DO must be notiﬁed either by ECOMB or any other member who becomes aware of the CFE. ○ If the event is a CFR, the Duty Oﬃcer, or designate, must take command, and determine whether to continue or terminate. ○ CFE becomes the responsibility of the EPS and must be managed in accordance with EPS Policy and Procedure. CFE TERMINATION A CFE is considered terminated when: The subject stops driving and is in custody The subject vehicle becomes disabled and stops moving Ground unit police oﬃcers stop following the subject vehicle CFR may be terminated at any time by the Primary or Secondary Unit, Flight Ops, CFE Supervisor, WC or DO. CFR may continue if the CFE Supervisor objectively assessed that the risk to public safety of the subject's current driving behaviour and/or the risk of the subject remaining at large is greater than the risk to public safety caused by the CFE itself. In making that assessment, the CFE Supervisor must consider: 1\. Whether Flight Ops are in position to observe the Subject vehicle. 2\. The driving pattern of the subject vehicle and the risk to other users of the road it is creating. 3\. The amount of information being broadcast by the Primary and Secondary Units and Flight Ops. 4\. The prevailing vehicular and pedestrian traﬃc, road and weather conditions. 5\. Any other relevant factors. If approved by the CFE Supervisor, surveillance trained units may observe a subject vehicle after the termination of a CFR if those units can do so without increased risk to public safety and without the subject's knowledge. CFE MITIGATION TACTICS CFE Mitigation Tactics are classiﬁed into 2 categories: 1\. Prevention 2\. Intervention CFE Mitigation Tactics may be used to prevent a criminal ﬂight or intervene in a criminal ﬂight that is already in progress. All CFE Mitigation Tactics must be deployed in a manner that considers the variables associated with each CFE, including the training of the available members and in a way that aims to uphold public safety. PREVENTION TACTICS Prevention Tactics are limited to vehicles that are, or become, stationary. TO APPLY Members must have reasonable suspicion to believe a subject vehicle could engage in a criminal ﬂight. All Prevention Tactics should be pre-authorized by a CFE Supervisor unless the delay in receiving authorization would create an increased risk to public safety. The disabling of a stationary, unoccupied suspect vehicle can be done without pre- authorization from a CFE Supervisor, if the member(s) has completed the requisite training in the tactic, and it can be done safely. The CFE Supervisor must be notiﬁed as soon as possible after this is done. The use of a tire deﬂation device or tactic to a stationary, unoccupied subject vehicle does not require pre-authorization from the CFE Supervisor, as long as it can be done safely, and the vehicle does not have fewer than four wheels. The CFE Supervisor must be notiﬁed as soon as possible after this is done. The disabling of a stationary, occupied subject vehicle requires authorization from the CFE Supervisor unless exigent circumstances exist that would make that advanced notiﬁcation impracticable. The CFE Supervisor shall be notiﬁed as soon as possible thereafter. A CFE Supervisor must authorize the use of a non-investigative tracking device to a stationary, unoccupied subject vehicle as a criminal ﬂight prevention tactic by members who possess the required training for the device. The CFE Supervisor may authorize a roadblock unless the suspect vehicle is a motorcycle. PREVENTION TACTICS Prevention Tactics are limited to vehicles that are, or become, stationary. TO APPLY: Members must have reasonable suspicion to believe a subject vehicle could engage in a criminal ﬂight. All Prevention Tactics should be pre-authorized by a CFE Supervisor unless the delay in receiving authorization would create an increased risk to public safety. The disabling of a stationary, unoccupied suspect vehicle can be done without pre-authorization from a CFE Supervisor, if the member(s) has completed the requisite training in the tactic, and it can be done safely. The CFE Supervisor must be notiﬁed as soon as possible after this is done. The use of a tire deﬂation device or tactic to a stationary, unoccupied subject vehicle does not require pre-authorization from the CFE Supervisor, if it can be done safely, and the vehicle does not have fewer than four wheels. The CFE Supervisor must be notiﬁed as soon as possible after this is done. The disabling of a stationary, occupied subject vehicle requires authorization from the CFE Supervisor unless exigent circumstances exist that would make that advanced notiﬁcation impracticable. The CFE Supervisor shall be notiﬁed as soon as possible thereafter. A CFE Supervisor must authorize the use of a non-investigative tracking device to a stationary, unoccupied subject vehicle as a criminal ﬂight prevention tactic by members who possess the required training for the device. The CFE Supervisor may authorize a roadblock unless the suspect vehicle is a motorcycle. INTERVENTION TACTICS Intervention Tactics are utilized on vehicles that are in motion, or can easily be put into motion E.g., an occupied, stationary vehicle. TO APPLY: Members must have reasonable grounds to believe that the CFR requirements are met, including that the need to apprehend the suspect outweighs any public safety risks created by the Intervention Tactic and that the tactic has a high probability of success. These situations present a high level of risk in a member's attempt to mitigate the driver's behaviour. Members must be identiﬁed and authorized through Training Branch as Criminal Flight Tactics Specialists. Those members will receive ongoing training to deploy tire deﬂation devices or to conduct Deliberate Vehicle Contact (DVC). CFE Intervention Tactics such as the deployment of a tire deﬂation device or use of DVC will, barring highly exigent circum- stances, only be used by trained Criminal Flight Tactics Specialists upon authorization of a CFE Supervisor. DVC including a Box-In (10-24), PIT or Pin, may be considered unless the vehicle occupant(s) are considered armed and dangerous. This does not apply to Tactical Section members working on a pre-arranged tactical ﬁle, or a situation that was not pre- arranged but requires immediate intervention by Tactical Section members. A Covert or Overt deployment of a tire deﬂation device (stop stick, spike belt) may also be utilized when appropriate. In order to deploy this tactic on a moving vehicle, members must ensure that the Subject vehicle has at least four wheels and it must NOT be deployed within 100 meters of any point on a roadway which: ○ Has any signiﬁcant degree of curvature; or ○ Due to the roadway's conﬁguration, the suspect vehicle will be forced to turn a corner. CRIMINAL FLIGHT REVIEW PROCEDURE The CFE Review must be conducted every time there is a CFE involving EPS police oﬃcers, whether a criminal ﬂight response was initiated or not. The purpose of the CFE review is to: Assess policy, procedure, and training standards to determine whether those standards are effective. Assess the eﬀectiveness of EPS equipment. Assess the actions of individual EPS police oﬃcers to determine whether they were compliant with legislation, policy and procedure and appropriate in the circumstances. Collect statistical information for internal reporting and reporting to the Edmonton Police Commission (EPC). PROCEDURES PRIMARY UNIT RESPONSIBILITIES CFE SUPERVISOR RESPONSIBILITIES By the end of their shift, the Primary Unit at the time of the criminal ﬂight (or, if a CFR was initiated, the Primary Unit at the time the CFR was concluded) must complete and submit the Criminal Flight Event (CFE) Form to the CFE Supervisor. By the end of their shift, notify their Divisional Inspector of the CFE. Within 3 working days of the CFE: Complete their portion of the CFE Form Email the form to the WC on duty at the time of the CFE WATCH COMMANDER RESPONSIBILITIES DUTY OFFICER RESPONSIBILITIES If the WC was acting as CFE Supervisor, the Inspector should take over the following responsibilities. Within 3 working days of receiving the CFE Form, the WC on duty at the time of the CFE must: Complete their portion of the form Email the form to the Divisional Inspector in the Patrol Division where the CFE began Within 3 working days of receiving the CFE Form, the DO must: Complete their portion of the form Ensure all data collection portions of the form are complete and rectify any discrepancies or deﬁciencies Identify any policy and/or procedural concerns and determine if any action is necessary Consult and liaise with the Inspector i/c of the involved EPS personnel prior to Must ensure: The relevant information is entered into the CFE Database Forms requiring additional attention or completion are sent back to the originating division, the DO or Patrol Branch Inspector who submitted the CFE Form providing operational guidance or implementing any actions to be taken with involved EPS personnel Submit the form to the member i/c Tactics Training Unit Submit a copy of the completed CFE Form to the Patrol Branch Inspector i/c the Primary Unit member. DELIBERATE VEHICLE CONTACT This procedure applies when the driver is a sworn member operating an EPS vehicle and using a DVC in accordance with EPS Policy and Procedure. If the DVC was not used in accordance with policy and procedure, it must be treated as a Service Vehicle Collision. PROCEDURE A DVC IS NOT A REPORTABLE COLLISION UNDER THE TRAFFIC SAFETY ACT Alberta Transportation, under the authority of the Traﬃc Safety Act, does not require reporting of any DVC used as a police tactic, since it is considered a use of force event between police vehicles and a subject vehicle(s). As a result, members must not use eCollision, the TSS-284, or the Alberta Driver Collision Statement. DVC OCCURRING WITHIN JURISDICTION The driver of the vehicle must: Notify ECOMB, the OSM, their supervisor, and if applicable, the CFE Supervisor Not make any statement of fault to other parties Not investigate their own DVC By the end of their shift complete City of Edmonton eClaim form Workers' Compensation Board (WCB) Worker's Report if the driver received medical attention Niche reporting requirements for the event surrounding the use of DVC as a control tactic NOTE: That the assigned investigator of the DVC will create a separate occurrence report for the investigation of the police vehicle on subject vehicle contact itself, Control Tactics Report and CFE Form The OSM from the Patrol Division where the DVC occurred must: Ensure the DO and WC are notiﬁed. Respond to the scene and in consultation with the DO, determine who will conduct the investigation. Ensure the investigation of the incident is documented and completed via the Cority portal as set out in HR33-3PR Occupational Injury and Illness Procedure in the event of an injury to a member (ﬁrst aid/minor injury, medical aid, or lost time). If assigned to conduct the investigation, follow the steps listed below under "Assigned investigator Responsibilities," or delegate to a suitably qualiﬁed Supervisor or Constable who was not the operator or passenger of the DVC vehicle. If the investigation is delegated to a supervisor or constable, the OSM must check the investigative ﬁle for completeness and thoroughness and redirect back to the investigator if further work is required. Forward the completed investigative ﬁle to the WC. Duty Officer Responsibilities: The DO must determine if the DVC is deemed reportable under Section 18 of the Occupational Health and Safety Act and, if so, notify the member i/c Health, Safety, and Disability Management Section. The DO must assign the OSM or designate to investigate the event as outlined in section B4 of this procedure. The DO may assign MCIU to assist in providing a technical analysis for the DVC. MCIU may assist investigations if the DVC presents a signiﬁcant organizational risk, including DVCs that result in a fatality or major injury, as well as DVCs that require a Section 46.1 notiﬁcation. When assisting with a DVC investigation, MCIU will provide a supplemental report to the assigned investigator under the original ﬁle number of the event. ASSIGNED INVESTIGATOR RESPONSIBILITIES The investigator is assigned by the DO. The investigator must not take any enforcement action against the sworn member and must: ○ Attend the scene and complete an investigation into the DVC. ○ Enter a summary and investigation into Niche UA under the original ﬁle number. ○ Complete a separate Niche UA narrative in the standardized collision reporting format to ensure complete and consistent documentation for all parties and all vehicles involved in the DVC. While completing this report, the investigator must: ○ Ensure that the personal information of the member(s) is not included in the report (driver's license number, personal address, etc.). ○ Include the Mobile Equipment Services number (e.g., M1234) for the EPS vehicle involved, as well as the police vehicle unit number (e.g., F23). Ensure the vehicle(s) involved that have made DVC or received DVC receive a completed and approved Alberta Transportation damage sticker. This will allow for the documentation of related damage and supply the related ﬁle number so that the damage caused by the DVC may be legally assessed and repaired. Ensure all reports required for the investigation are complete and in the investigative ﬁle. Ensure a summary of the DVC is posted in the daily highlights by the end of their shift. If a supervisor or constable is conducting the investigation, submit the investigative ﬁle to the OSM for review. The OSM must forward the EPS ﬁle number, the Mobile Equipment Services (e.g., M1234) for the police unit involved in the report as well as the police vehicle unit number (e.g., F23) to Fleet Management for the purposes of advising of any damages for ﬂeet tracking and repair purposes. WATCH COMMANDER RESPONSIBILITIES If the OSM or designate investigates the DVC, the WC must: Check the investigative ﬁle for completeness and thoroughness and redirect back to the OSM if further work is required. Ensure a summary of the DVC is posted in the daily highlights by the end of their shift. If the DVC was used in accordance with policy and procedure in response to a criminal ﬂight and/or the DVC was used according to policy and procedure as a control tactic in any other circumstance, see OP1-2PR Criminal Flight Event Review Procedure and OP7-2PR Reasonable Oﬃcer Response Reporting Procedure for review process. DVC OCCURRING OUTSIDE EPS JURISDICTION The driver of the vehicle must: Notify ECOMB, the OSM, their supervisor and if applicable, the CFE Supervisor Not make any statement of fault to other parties Not investigate their own DVC By the end of their shift complete: ○ City of Edmonton eClaim form ○ Workers' Compensation Board (WCB) Worker's Report if the driver received medical attention ○ NicheUA reporting requirements for the event surrounding the use of DVC as a control tactic. Note that the assigned investigator of the DVC will create a separate occurrence report for the investigation of the police vehicle on subject vehicle contact itself ○ Control Tactics Report ○ CFE Form Notify ECOMB, the OSM, their supervisor, and if applicable, the CFE Supervisor Not make any statement of fault to other parties Not investigate their own DVC The OSM from the Patrol Division where the DVC occurred must: Ensure the DO and WC are notiﬁed. Respond to the scene and in consultation with the DO, determine who will conduct the investigation. Ensure the investigation of the incident is documented and completed via the Cority portal as set out in HR33-3PR Occupational Injury and Illness Procedure in the event of an injury to a member (ﬁrst aid/minor injury, medical aid or lost time). If assigned to conduct the investigation, follow the steps listed below under "Assigned investigator Responsibilities," or delegate to a suitably qualiﬁed supervisor or constable who was not the operator or passenger of the DVC vehicle. If the investigation is delegated to a supervisor or constable, the OSM must check the investigative ﬁle for completeness and thoroughness and redirect back to the investigator if further work is required. Forward the completed investigative ﬁle to the WC. Duty Officer Responsibilities The DO must determine if the DVC is deemed reportable under Section 18 of the Occupational Health and Safety Act and, if so, notify the member i/c Health, Safety and Disability Management Section. The DO must assign the OSM or designate to investigate the event as outlined in section B4 of this procedure. ○ The DO may assign MCIU to assist in providing a technical analysis for the DVC. ○ MCIU may assist investigations if the DVC presents a signiﬁcant organizational risk, including DVCs that result in a fatality or major injury, as well as DVCs that require a Section 46.1 notiﬁcation. When assisting with a DVC investigation, MCIU will provide a supplemental report to the assigned investigator under the original ﬁle number of the event. Assigned Investigator Responsibilities The investigator is assigned by the DO. The investigator must not take any enforcement action against the sworn member and must: Attend the scene and complete an investigation into the DVC. Enter a summary and investigation into Niche UA under the original ﬁle number. Complete a separate Niche UA narrative in the standardized collision reporting format to ensure complete and consistent documentation for all parties and all vehicles involved in the DVC. While completing this report, the investigator must: ○ Ensure that the personal information of the member(s) is not included in the report (driver's license number, personal address, etc.). ○ Include the Mobile Equipment Services number (e.g., M1234) for the EPS vehicle involved, as well as the police vehicle unit number (e.g., F23). ○ Ensure the vehicle(s) involved that have made DVC or received DVC receive a completed and approved Alberta Transportation damage sticker. This will allow for the documentation of related damage and supply the related ﬁle number so that the damage caused by the DVC may be legally assessed and repaired. Ensure all reports required for the investigation are complete and in the investigative ﬁle. Ensure a summary of the DVC is posted in the daily highlights by the end of their shift. If a supervisor or constable is conducting the investigation, submit the investigative ﬁle to the OSM for review. The OSM must forward the EPS ﬁle number, the Mobile Equipment Services (e.g., M1234) for the police unit involved in the report as well as the police vehicle unit number (e.g., F23) to Fleet Management for the purposes of advising of any damages for ﬂeet tracking and repair purposes. Watch Commander Responsibilities If the OSM or designate investigates the DVC, the WC must: Check the investigative ﬁle for completeness and thoroughness and redirect back to the OSM if further work is required. Ensure a summary of the DVC is posted in the daily highlights by the end of their shift. If the DVC was used in accordance with policy and procedure in response to a criminal ﬂight and/or the DVC was used according to policy and procedure as a control tactic in any other circumstance, see OP1-2PR Criminal Flight Event Review Procedure and OP7-2PR Reasonable Oﬃcer Response Reporting Procedure for review process. DVC OCCURRING OUTSIDE EPS JURISDICTION The driver of the vehicle must: Notify ECOMB, the OSM in the closest patrol division to the DVC and their supervisor. Contact the police service in the jurisdiction and advise that a use of force event/arrest has been made in their jurisdiction. The CFE Supervisor, OSM, or designate must investigate the DVC in accordance with EPS Policy and Procedure. Complete the following EPS documents by the end of their shift: ○ City of Edmonton eClaim form WCB Workers Report if the driver received medical attention. The OSM from the Patrol Division closest to the DVC must: Ensure the DO and WC are notiﬁed. Respond to the scene whenever possible. Generate an occurrence number and enter a summary into NicheUA. Ensure that the investigation of the incident is documented and completed via the Cority portal as set out in HR33-3PR Occupational Injury and Illness Procedure in the event of an injury to a member (ﬁrst aid/minor injury, medical aid, or lost time). If the DVC was used as a part of a criminal ﬂight response, submit the Criminal Flight Event Report to the approved chain of command as outlined in OP1-2PR Criminal Flight Event Review Procedure. Duty Officer Responsibilities The DO must determine if the DVC is deemed reportable under Section 18 of the Occupational Health and Safety Act and, if so, notify the member i/c Health, Safety, and Disability Management Section. If the DVC occurs outside of City of Edmonton city limits, the DO must assign the OSM or designate to investigate. CHAPTER 4 This chapter contains references to search, seizure, detention and arrest in the Criminal Code of Canada. It is vital for police officers to be thoroughly familiar with the closely tied powers of arrest and detention as well as search and seizure. LEARNING OBJECTIVES Differentiate between endorsed and unendorsed Form 7 warrants Understand the authority of police officers regarding the release of accused individuals Explain the purpose and issuance circumstances of a Form 21 warrant Grasp the concept of \"Pay or Stay\" warrants associated with Form 21 Define the purpose of a Form 17 witness warrant Outline the execution jurisdiction for a Court of King's Bench warrant Describe the conditions leading to the re-arrest of offenders under the Corrections and Conditional Release Act Define \"reasonable suspicion\" and its role in investigative detention Identify objectively discernible facts supporting reasonable suspicion TOPICS Categories of Offences Arrests Warrants Investigative Detention Powers of Search & Seizure CATEGORIES OF OFFENCES INDICTABLE OFFENCES Most serious oﬀences in law. Accused has the option ("election") of being tried by: (1) KB (Court of King's Bench) Justice sitting alone; (2) KB Justice and Jury; or (3) a ACJ (Alberta Court of Justice) Justice sitting alone. ○ Exceptions: s. 553 oﬀences must be tried in Alberta Court of Justice. s. 469 oﬀences must be tried by a KB Justice sitting alone or KB Justice and jury. Accused is liable to receive the most severe punishment upon conviction. No statute of limitations. SUMMARY CONVICTION Least serious oﬀences in law. The accused must be tried In the Alberta Court of Justice. Maximum penalty is two years less a day and/or \$5000 ﬁne unless the legislation expressly states otherwise (see, for example, s. 267). Statute of limitations is 12 months unless both the prosecutor and accused agree otherwise (s. 786). All provincial and bylaw oﬀences are summary conviction oﬀences. DUAL PROCEDURE (HYBRID) OFFENCES Criminal Code oﬀences where the Crown has the option of proceeding by way of indictment or summarily. All hybrid oﬀences are deemed to be indictable until such time as the Crown elects, therefore are considered indictable for purposes of arrest, ﬁngerprinting and other pre-court processes. ARRESTS TO PLACE SOMEONE UNDER ARREST 1\. Identify yourself as a police officer 2\. Tell the person they are under arrest and ensure that they understand 3\. Take physical custody of the person by either: ○ Taking physical control of the person E.g., place a hand on the person's arm or shoulder ○ The person submits to the control without the need for physical contact. NOTE: Touching can be an important factor in determining whether a subject was actually under arrest, should they escape custody. 4\. Tell the subject the true reason for the arrest. This is a requirement of s.10 (a) Charter. Everyone has the right on arrest or detention to be informed promptly of the reasons thereof. The arrestee can only exercise their s.10 (b) rights in a meaningful way if they know the extent of their true jeopardy. 5\. Inform the subject of their right to retain and instruct counsel without delay and give them a reasonable opportunity to exercise that right s.10(b) of Charter: ○ Informational Duty: inform the subject of their right to counsel. ○ Hold Off Duty: if the detainee wants to speak to a counsel, refrain from eliciting evidence from the detainee until after they have had a reasonable opportunity to consult with counsel. ○ Implementation Duty: give the subject a reasonable opportunity to exercise his/her right to counsel. NOTE: The implementation of 10(b) is not a single event. When there is a change in circumstances, police must provide the detainee with an opportunity to re- consult with counsel. A change in circumstance can include: A change in jeopardy facing the detainee. New procedures involving the detainee such as taking a polygraph or completing a crime re- enactment. If the detainee provides any reason to believe they may have been confused about their right to speak to counsel or their right to remain silent. RIGHT TO REMAIN SILENT: THE CAUTION S. 7 of the Charter protects the right to remain silent. Police must read the caution to people who are detained or arrested. The caution advises the person of their right to remain silent and that anything they say may be used against them. This will help ensure that any statement given by the person is voluntary. If police want to take a statement from a person who is not under arrest or detained but is a possible suspect, police should read the caution before taking a statement (R v Tessier, 2022 SCC 35). SITUATIONS WHERE POWER OF ARREST APPLIES All hybrid oﬀenses are considered indictable until the Crown elects. 5 Situations in which a peace oﬃcer has a Power of Arrest: 1\. A person who has committed an indictable oﬀence - where the oﬃcer has personal knowledge of the crime. ○ E.g., An oﬃcer witnesses the commission of an indictable oﬀence but cannot arrest at that time. The next day, the oﬃcer sees the suspect and can now arrest. 2\. A person whom the oﬃcer believes on reasonable grounds has committed an indictable oﬀence. ○ SUBJECTIVE GROUNDS: Consider what you, as the oﬃcer, personally believe based on all the circumstances. ○ OBJECTIVE GROUNDS: Consider not what you, as the oﬃcer, believe (this is the subjective aspect), but rather what a reasonable person in your position would have believed. This is determined by looking at all the circumstances as a reasonable observer. 3\. A person whom the oﬃcer believes on reasonable grounds is about to commit an indictable oﬀence. ○ Oﬃcer can arrest a person to prevent them from committing a criminal oﬀence. ○ The oﬃcer must release once satisﬁed that continued detention is no longer necessary to prevent the commission of the indictable oﬀence. ○ No charge for "about to commit". ○ If there has been an actual attempt to commit the crime, then a charge can be contemplated under s. 463 of the Criminal Code. ○ There is no criminal charge for mere preparation to commit a crime. 4\. A person whom the oﬃcer ﬁnds committing a criminal oﬀence. This would include all summary oﬀenses. 5\. A person for whom there is a warrant of arrest or committal, valid and in force within the jurisdiction in which the person is found. ARREST FOR BREACH OF PEACE s.31 Every peace oﬃcer who witnesses a breach of the peace and everyone who lawfully assists the Peace Oﬃcer is justiﬁed in arresting any person: Who they ﬁnd committing a breach of the peace; or Who on reasonable grounds they believe is about to join in or renew a breach of the peace. REQUIREMENTS OF BREACH OF PEACE ARREST There must be a disturbance of public tranquility or order. An oﬃcer must: Find/witness the subject committing the breach; or Reasonably believe that the person is about to join in or renew the breach. LIMITATIONS ON A PEACE OFFICER\'S POWERS OF ARREST Despite having powers of arrest without warrant as described above, s. 495(2) of the Criminal Code limits the exercise of those powers with respect to: ○ Indictable oﬀences listed under s. 553 of the Criminal Code ○ Dual procedure (hybrid) oﬀences ○ Summary conviction oﬀences ○ In order to arrest for these oﬀences, a police oﬃcer must have reasonable grounds to believe that it is either in the public interest to arrest the person, or necessary to secure the accused's appearance in court. We colloquially refer to this as "RICE". R.I.C.E. AS A PRE-ARREST CONSIDERATION R REPETITION: Prevent continuation or repetition of the offence or commission of another offence, including the need to ensure the safety and security of any victim of or witness to the crime. I IDENTITY: Reasonable grounds exist to believe that the person's identity may be in question or there are good reasons to believe that the person should be fingerprinted or identified prior to release. C COURT: Reasonable grounds exist to believe that the accused persons may not appear in court. E EVIDENCE: The officer believes that there is evidence related to the offence that should be preserved or secured by arresting the accused. An arrest is justified here, for example, if an officer wants to conduct a post-arrest interview or detain the suspect pending a search warrant. ENTERING A DWELLING HOUSE TO ARREST A SUSPECT With certain exceptions to be discussed next, peace oﬃcers may not enter a dwelling house to eﬀect the arrest of an individual, without ﬁrst obtaining a warrant authorizing such entry. This can be done in one of the 2 ways set out below: 1\. Obtaining an authorization on an arrest warrant pursuant to s. 529; or 2\. Obtaining a warrant pursuant to s. 529.1. Peace oﬃcers could go anywhere to make an arrest before the Supreme Court's decision in R v Feeney in 1997. As a result of the decision in Feeney; however, police powers to arrest from within a dwelling house are now more limited. Criminal Code s. 529 and 529.1 each provide police authority to enter a dwelling house to make an arrest based on judicial authority (e.g., search warrant). Peace Oﬃcers now need a warrant under one of these sections (colloquially referred to as a "Feeney warrant") to make an arrest in a dwelling house if there is no other lawful authority for entry to do so. WARRANT OF ARREST WITH AUTHORIZATION TO ENTER s.529 Under this section, a justice issues an arrest warrant with a provision allowing police to enter a dwelling house to execute the warrant. The police oﬃcer obtaining the warrant must have reasonable grounds to believe that the person is in the dwelling house immediately before entering it to execute the warrant. 529 (1) A warrant to arrest or apprehend a person issued by a judge or justice under this or any other Act of Parliament may authorize a peace officer, subject to subsection (2), to enter a dwelling-house described in the warrant for the purpose of arresting or apprehending the person if the judge or justice is satisfied by information on oath in writing that there are reasonable grounds to believe that the person is or will be present in the dwelling-house. WARRANT TO ENTER DWELLING HOUSE s. 529.1 Under this section, a justice issues a warrant to enter a dwelling house where there is: 1\. An arrest warrant without any s. 529 endorsement; or 2\. Reasonable grounds to arrest an individual without warrant pursuant to section 495(1)(a) or (b), or some other Act of Parliament 529.1 A judge or justice may issue a warrant in Form 7.1 authorizing a peace officer to enter a dwelling-house described in the warrant for the purpose of arresting or apprehending a person identified or identifiable by the warrant if the judge or justice is satisfied by information on oath that there are reasonable grounds to believe that the person is or will be present in the dwelling-house and that \(a) a warrant referred to in this or any other Act of Parliament to arrest or apprehend the person is in force anywhere in Canada; \(b) grounds exist to arrest the person without warrant under paragraph 495(1)(a) or (b) or section 672.91; or \(c) grounds exist to arrest or apprehend without warrant the person under an Act of Parliament, other than this Act. EXCEPTIONS TO OBTAINING A FEENEY WARRANT Generally, there are 3 exceptions to requiring a Feeney warrant to enter a dwelling-house in order to arrest a person. Those exceptions are: 1\. Hot or fresh pursuit; 2\. Exigent circumstances; and 3\. Informed consent HOT OR FRESH PURSUIT The Supreme Court deﬁned hot or fresh pursuit as continuous pursuit, conducted with reasonable diligence, so that pursuit and capture, along with the commission of an oﬀence, may be considered as forming part of a single transaction (R v Macooh, \[1993\] 2 SCR 802). Entry to a dwelling house on the basis of hot or fresh pursuit still carries the requirement that the oﬃcer give proper notice (announcement) before entering, except in cases where such notice would jeopardize someone's safety or result in the destruction of evidence. EXIGENT CIRCUMSTANCES Entry without a Warrant under Exigent Circumstances (Section 529.3 (2)) Section 529.3 (1) CC permits peace oﬃcers to enter a dwelling-house without a judicial authorization in order to arrest a person if they have reasonable grounds to believe that: 1\. The person is located in the premises; and 2\. It is "impracticable" to obtain a warrant under either s. 529 or 529.1 because of "exigent circumstances." Exigent circumstances are made out where an oﬃcer has: Reasonable grounds to suspect that entry is necessary to prevent imminent bodily harm or death of a person; or Reasonable grounds to believe that: ○ Evidence of an indictable oﬀence is present in the dwelling-house; and ○ Entry into the dwelling-house is necessary to prevent the "imminent" loss or destruction of that evidence. An oﬃcer making entry to a dwelling-house under this section should, therefore, have: Reasonable grounds to believe that an arrestable person is in the dwelling-house. Reasonable grounds to believe that it would be impracticable to obtain a warrant because of exigent circumstances. ○ If exigent circumstances based on danger to a person: the oﬃcer only requires reasonable suspicion that a person is endangered, and that entry is necessary to prevent that harm. ○ If exigent circumstances are based on concern for evidence: the oﬃcer requires reasonable grounds to believe that that evidence: Is inside the dwelling-house Relates to an indictable oﬀence Will be destroyed or lost if entry is not made. Entry without a warrant still requires the oﬃcer to give proper announcement before entry, unless there are reasonable grounds that to do so would jeopardize someone's safety or result in the destruction of physical evidence. Informed consent requires: Expressed or implied consent. The person giving consent must have the authority to give the consent in question. The consent must be voluntary. The person giving consent must be aware of the nature of the police conduct. The person giving consent must be aware of their right to refuse or revoke consent. The person giving consent must be aware of the potential consequences of giving consent. A police oﬃcer may enter a dwelling-house for the purposes of arresting a person if they are allowed into the residence by a person who is at least 14 years old, mentally competent, and a lawful occupant. The person must know the true reason that the oﬃcer is seeking entry to the premises. Police cannot, for example, obtain consent to enter a dwelling-house in order to arrest someone by telling a resident that they just want to talk. If, however, police enter a dwelling-house for investigative purposes with the consent of a resident with capacity to do so, and subsequently form the requisite grounds to arrest a person in that house, they can go on to lawfully arrest the suspect without ﬁrst having to obtain a warrant under s.529 or 529.1. CONCLUSION Police can still enter a dwelling-house to arrest a person without a Feeney warrant, but the circumstances to do so are limited. Hot or fresh pursuit occurs when there is a continuous pursuit, conducted with reasonable diligence, connecting the time between when an arrest could have been affected and the time when the person who can be arrested is believed to be in a dwelling-house. Exigent circumstances requires that a police oﬃcer have reasonable grounds to believe that an arrestable person is in the dwelling-house, and that exigent circumstances preclude the oﬃcer obtaining a Feeney warrant to enter. Those exigent circumstances can be to prevent imminent injury or death to a person (on reasonable suspicion) or to prevent the destruction or loss of evidence located on the premises (on reasonable grounds). Finally, a police oﬃcer may enter a dwelling-house to arrest a person if they receive the informed consent of a lawful resident who is at least 14 years old and has capacity to give that consent. PROVINCIAL POWERS OF ARREST General rules for provincial arrest warrants: Recall that provincial oﬀences are summary oﬀences. Authority: Provincial Oﬀences Procedures Act (POPA) s. 3 incorporates provisions of the Criminal Code relating to summary conviction oﬀences that are consistent with POPA. An oﬃcer can only arrest if the suspect is found committing the provincial oﬀence. NOTE: You can compel attendance to court without arresting by issuing a ticket or appearance notice. Other authorities to take into custody: ○ s. 169(1), Traﬃc Safety Act: a peace oﬃcer may arrest a reason without warrant if the peace oﬃcer, on reasonable grounds, believes that: The person has committed any one of a variety of oﬀences, including speeding, careless driving, hit and run, driving without a license or registration, etc.; and That person will continue or repeat the oﬀence if not arrested or has provided the peace oﬃcer with "questionable information as to the person's identiﬁcation." s. 115(2), Gaming, Liquor and Cannabis Act: a peace oﬃcer may take a person into custody to be dealt with if they have reasonable grounds to believe that that person is intoxicated in a public place. s. 12, 12(1), Mental Health Act: a peace oﬃcer may apprehend a person and convey that person to a "facility or secure location" (hospital) if the peace oﬃcer has reasonable grounds to believe that: ○ A person is suﬀering from mental disorder. ○ The person is: Within a reasonable time, likely to cause harm to others or to suﬀer negative eﬀects, including substantial mental or physical deterioration or serious physical impairment, because of or related to the mental disorder; or Subject to a community treatment order and is not complying with the community treatment order. The person should be examined in the interests of the person's own safety or the safety of others. The circumstances are such that to proceed under Section 10 (warrant for apprehension) would be dangerous. COMMON TYPES OF WARRANTS AUTHORIZING ARREST WARRANT OF ARREST (FORM 7) When a Justice issues an order that commands all police oﬃcers to arrest a person and bring them before the court to face criminal charges. Endorsed Warrant: a Justice has signed this warrant. Unendorsed Warrant: a Justice has not signed the warrant. For both endorsed and unendorsed Form 7 warrants, a police oﬃcer is authorized to release the accused after giving him a court date and the necessary interim release documentation (Appearance Notice / Undertaking). WARRANT OF COMMITTAL (FORM 21) The Form 21 warrant is an order issued by a justice that commands all police oﬃcers in a particular jurisdiction to arrest the person. The warrant of committal is issued after the accused has been convicted of an oﬀence but has failed to comply with the terms of his sentence (i.e. pay a ﬁne). The accused is usually directed to pay the ﬁne or complete the jail time in lieu of the ﬁne (commonly referred to as a "Pay or Stay" warrant). WITNESS WARRANT (FORM 17) Warrants issued for the arrest of a witness (Form 17) may be executed anywhere in Canada (s. 705 \(3) Criminal Code). COURT OF KING'S BENCH WARRANT Section 703 of the Criminal Code states that a warrant of arrest or committal issued out of a superior court of criminal jurisdiction, a court or appeal, an appeal court under s. 812 of the Criminal Code or a court of criminal jurisdiction other than a provincial court judge may be executed anywhere in Canada. APPREHENSION & SUSPENSION (PAROLE) WARRANT Section 135(1) of the Corrections and Conditional Release Act provides for the re-arrest and re- incarceration of oﬀenders on release in order to prevent a breach of any release conditions or to protect society. INVESTIGATIVE DETENTION In this Section: 1\. Grounds for Investigative Detention Reminders: ○ Types of Detention ○ Powers of Investigative Detention ○ Temporary Holding Power ○ Grounds for investigative Detention ○ Length of Detention ○ Identifying Detained Persons 2\. Informing Detainee of Right to Counsel 3\. Detention of Groups GROUNDS FOR INVESTIGATIVE DETENTION A detention is based on "reasonable suspicion". Reasonable suspicion is a standard lower than that of reasonable grounds. It requires objectively discernible facts. Facts relied on should be perceivable to a reasonable onlooker -- description of suspect, vicinity to crime, time relative to offence, suspect's behaviour/ demeanor, etc. Mere suspicion is not enough! The key term is "reasonable". TYPES OF DETENTION PHYSICAL DETENTION PSYCHOLOGICAL DETENTION This refers to the deprivation of liberty by physical restraint (e.g., handcuﬃng a suspect), or situations in which the suspect's mobility is restrained (e.g. placed in the rear of a police car). This occurs when a person reasonably believes they have no choice but to comply with a police oﬃcer's request, even though there may be no legal authority for the demand or direction. EXAMPLES: The mere fact that drug traﬃckers frequent a certain area does not provide reasonable suspicion to stop and search someone in that area. More information or evidence is needed. An oﬃcer should not pull over a vehicle simply because it left a known drug house. Some other valid reason is required. An oﬃcer must be able to state the objective factors that gave the oﬃcer reasonable suspicion that the detainee was criminally involved in the activity under investigation. POWERS OF DETENTION Police may detain a person for investigative purposes where they have reasonable suspicion that the person is involved in a recent or ongoing oﬀence. The purpose of the detention must be related to the investigation. Temporary Holding Power Allows police oﬃcers to continue the investigation for a reasonable amount of time. Length of Detention Investigative detentions may only last for a reasonable period of time. The Supreme Court has speciﬁcally stated that the detention must be brief in duration. Seriousness of the oﬀence is a factor to consider in determining what a reasonable duration is for a detention. An investigative detention of several hours will usually be considered unreasonable. The detaining member must be prepared to justify the length of detention. Identifying Detained Persons A detained person is under no obligation to provide police with their name. INFORMING DETAINEE OF RIGHT TO COUNSEL Upon investigative detention, inform the detained person of the reason for detention and their right to contact counsel as soon as practicable. In spontaneous or highly charged situations it may not be practical to provide immediate Charter rights. As soon as the situation is under control, inform the detainees of their rights. NOTE: S. 10 (a) right to be informed promptly of the reasons for the detention. S. 10 (b) rights to retain and instruct counsel without delay and to be informed of that right. Wording of S.10 (b) "Right to Counsel for a Detained Person" is the same wording as for an arrested person. If the scope of the investigation expands or changes, the right to counsel should be re-read to the detainee. (R.v. Evans, R. v. Black, SCC). Implementation duties are the same as for an arrested person. DETENTION OF GROUPS Can police detain an entire group when they have reasonable grounds to believe that there is a criminal concealed amongst them? 1\. YES. When the detaining oﬃcer has not yet determined which person is the criminal, they may detain everyone in the group for a reasonable amount of time while further investigation is conducted. 2\. Police may detain "all persons present" among whom they reasonably believe is the person they have reasonable grounds to arrest. NOTE: This power is generally limited to cases where a serious or violent crime has been recently committed (or is ongoing) and there would be no practical means for the Police to follow up on their inquiries if the persons present were permitted to leave. POWERS OF SEARCH AND SEIZURE "Search" and "seizure' are investigative techniques that infringe on a person's reasonable expectation of privacy. If no reasonable expectation of privacy exists, then there is no search or seizure and s.8 is not engaged. STEP ANALYSIS STEP 1: HAS THERE BEEN A SEARCH OR SEIZURE? PRIMARY QUESTION TO ASK: Is there a reasonable expectation of privacy? Personal privacy -- the right to not have our bodies touched or explored. Territorial privacy -- right to privacy in a place. Informational privacy -- information that is at the biographical core of our personal information. FACTORS TO CONSIDER: Presence at the time of the search. Possession or control of the property searched. Ownership of the property or place. Historical use of the property or item. Ability to regulate access to the place. Existence of a subjective expectation of privacy. Objective reasonableness of the expectation HAS THERE BEEN A SEARCH? IF YES IF NO ○ A doctor taking a blood sample, at the request of the Police, for investigative purposes. ○ Police going into a business oﬃce where the public did not have access or implied invitation to attend. ○ Approaching a door and knocking with the intention to sniﬀ for marijuana. ○ Using a PSD to sniﬀ backpacks at a school or a bus terminal (R. v. Kang Brown; R. v. A.M.). ○ A police oﬃcer shining a ﬂashlight into a vehicle at night. ○ Police walking along a public road and observing a marijuana cultivation being grown on Crown land. ○ Using the FLIR to detect unusual heat emanations from the rooftops for ﬁnding marijuana grows. ○ Seizing garbage from a garbage can that has been put out at or near the property line for pick-up (R. v. Patrick). HAS THERE BEEN A SEIZURE? DEFINITION: The taking of a thing from a person by a public authority without that person's consent that the person has reasonable expectation of privacy in. The concept of a seizure is separate from that of a search. It is possible to have a seizure without any search having been conducted. The issue is not who has the right to property, but whether the seizure was a violation of the right to privacy for that person. E.g., A sample of blood taken for medical purposes and later given to a police oﬃcer constitutes a seizure. DOCTRINE OF ABANDONMENT When a person abandons an item, they no longer have a reasonable expectation of privacy to that item. Police can take that item without it being considered a search or seizure under s. 8 of the Charter. An exception is abandoned property while in police custody. In that case, there would be a reasonable expectation of privacy and the items will not be considered properly abandoned. STEP 2. IS THE SEARCH OR SEIZURE REASONABLE CRITERIA FOR A REASONABLE SEARCH OR SEIZURE: 1\. The search must be authorized by law 2\. The law itself must be reasonable 3\. The manner in which the search is carried out must be reasonable Is the Search or Seizure Authorized by Law? There are several situations in which you are authorized by law to conduct a search and seizure. The requirements and conditions for each: 1\. Ensuring the safety of the police and public 2\. Locating evidence of the oﬀence in question 3\. Preserving evidence of the oﬀence in question INCIDENT TO LAWFUL ARREST: Arrest must be lawful Search is based on the arrest, the arrest is not based on the search Search is for a valid purpose connected to the arrest Search must be done within a reasonable period of time after the arrest ARRESTED PERSON CAN BE SEARCHED INCIDENT TO ARREST FOR: Evidence of oﬀence for which they were arrest Weapons Items capable of causing injury Items that would facilitate escape Search must not be conducted in an abusive fashion Search uses no more force than reasonably necessary to accomplish the search SEARCH INCIDENT TO INVESTIGATIVE DETENTION PLACES THAT CAN BE SEARCHED A search of a detained person may NOT take place automatically. Searches must be grounded in objectively discernible facts to prevent "ﬁshing expeditions." To search incident to an investigative detention, the oﬃcer MUST believe on reasonable grounds that their own safety or the safety of others is at risk. The decision to search cannot be justiﬁed on the basis of a vague or non-existent concern for safety. Searches cannot be premised upon hunches or mere intuition. If the oﬃcer has reasonable grounds to believe that their safety is at risk, a protective search can occur. SEARCH MUST ONLY BE FOR: Weapons Pat-down More intrusive pocket search can only be justiﬁed where there is a reasonable basis for reaching into a pocket for safety reasons. In that case, the oﬃcer must be able to articulate why Person arrested (see later in this chapter for information on searches of a person) If related to the reason for arrest, then this also includes the immediate surroundings of where the person was arrested and which are under the person's control. they went further and conducted an examination of a detainee's pockets. Oﬃcers CANNOT search for evidence as part of an investigative detention search. CASE STUDIES FACTS Two police oﬃcers approach the scene of a reported break and enter and observe Mann. Mann matches the description of the suspect and is walking casually along the sidewalk. Mann identiﬁes himself and complies with a pat-down search of his person for concealed weapons. During the search, one oﬃcer feels a soft object in Mann's pocket. Oﬃcer reaches into the pocket and ﬁnds a small plastic bag containing marijuana. OUTCOME - THE SUPREME COURT SAID: 1\. Investigative detention authorized where oﬃcer has reasonable grounds to "suspect" person involved in a particular crime. 2\. Detained individuals cannot be searched as a matter of course. 3\. Additional reasonable and probable grounds to believe that the search is necessary for oﬃcer, or public safety are required. 4\. The purpose of a search is not evidentiary. 5\. Can search for weapons only. 6\. Scope is external pat-down of person and those places where accused may reasonably access a weapon. 7\. Search of the pockets was found to be unjustiﬁed and the evidence was excluded. FACTS A 911 call at 0122 hrs reported that four black men in a parking lot are openly displaying handguns. The caller identiﬁes four vehicles. At 0126 hrs, two constables position their car at the rear exit of the parking lot. Almost immediately, a car leaves the area and drives towards the exit. It is not one of the four cars described in the report. Police stop this car at 0127 hrs and observe that the occupants are black males. One member approaches the driver and tells him that there has been a gun complaint. The oﬃcer asks him to step out and becomes concerned for his own safety because the driver protests twice before getting out. The other oﬃcer approaches the passenger and begins questioning him. The passenger gives evasive answers and stares straight ahead. The passenger is wearing gloves even though it is not "glove weather". Passenger gets out of the car but stands blocking visual access to the inside of the car. The oﬃcer puts his hand on passenger's shoulder to direct him to the back of the car, but the passenger shoves him and runs away. He is chased and caught. After subduing the passenger, he is searched, and a loaded, prohibited handgun is found in his pocket. The driver is also searched, and a loaded handgun is found under his jacket. OUTCOME - THE SUPREME COURT SAID: The police had reasonable grounds to believe that there were several handguns in a public place. This represented a serious oﬀence, accompanied by a genuine risk of serious bodily harm to the public. Requiring the police to stop only those vehicles described by the 911 caller would impose an unrealistic burden on the police, inconsistent with their duty to respond in a timely manner to the seriousness of the circumstances (i.e.: NOT ARBITRARILY DETAINED). Roadblocks are permissible as long as oﬃcers can justify serious need, and choice to stop a vehicle must be a logical connection to the crime being investigat

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