arrest_without_warrant_-_any_person_session_slides-24527-20211216.pdf

www.opcva.ca Federal Law 5 Arrest without Warrant – Any Person Version: BCT Federal Law January 2022SL © Queen's Printer for Ontario, 2018 Review Arrest Arrest is: accomplished when you take or get physical control of a person with intent to detain 2 Review Psychological Detention “Psychol...

www.opcva.ca Federal Law 5 Arrest without Warrant – Any Person Version: BCT Federal Law January 2022SL © Queen's Printer for Ontario, 2018 Review Arrest Arrest is: accomplished when you take or get physical control of a person with intent to detain 2 Review Psychological Detention “Psychological detention is a suspension of an individual's liberty by psychological restraint.” 3 Review Arrest or Detention s. 10 CA Everyone has the right on arrest or detention: a. to be informed promptly of the reason therefore; b. to retain and instruct counsel without delay and to be informed of that right; and 4 Reasonable Grounds R v. Storrey [1990] 1 S.C.R. 241 (S.C.C.) “….. an arresting officer must subjectively have reasonable and probable grounds on which to base the arrest. Those grounds must, in addition, be justifiable from an objective point of view. That is to say, a reasonable person placed in the position of the officer must be able to conclude that there were reasonable and probable grounds for the arrest.” Reasonable and Probable Grounds = Reasonable Grounds 5 Reasonable Grounds • Reasonable Grounds – will always be a question of fact depending on the circumstances of each case • Suspicious circumstances will never be enough. • Reasonable Grounds mean that there must be such facts as would cause a reasonable person to believe that the suspect has committed or is about to commit an offence. • It means that the officer’s belief must be justifiable not only from a subjective point of view, but also from an objective point of view. 6 Reasonable Grounds Questions to ask for Reasonable Grounds 1. Is there some basis in fact as opposed to mere suspicion or hunch for my decision to arrest? 2. Can I point to some fact (apart from suspicion) by which reasonable people would say that I had cause to act? 7 Definitions Justified: Protected from criminal and civil liability Executed: Completed, carried to full effect, act or course of conduct carried to completion Execution of Duty: Lawfully performing an identifiable and specific or special duty authorized by statute or common law 8 Definitions Lawful Authority: Authorized by law Acting in Good Faith: With an honest intention and free from any knowledge of irregularity Forthwith: Within a reasonable time, considering the circumstances and the object Detention: A restraint of liberty other than arrest 9 Objective To demonstrate knowledge of arrest without warrant – any person as found in s. 494 of the Criminal Code and an ability to recognize and explain the limitations placed on a any person when encountering certain offences and situations. Also known as citizen’s powers of arrest 10 Arrest without Warrant - Any Person Section 494(1)(a) C.C. Anyone may arrest without warrant a person whom he finds committing an indictable offence 11 Arrest without Warrant – Any Person Section 494(1)(b) C.C. Anyone may arrest without warrant: • • • • • a person who, on reasonable grounds, he believes has committed a criminal offence AND is escaping from AND freshly pursued by persons who have lawful authority to arrest that person 12 Arrest without Warrant – Any Person s. 494(2) C.C. • Owner, person in lawful possession of property or • Person authorized by owner or person in lawful possession of property MAY arrest • Person found committing a criminal offence • On or in relation to the property AND • They make the arrest at the time OR • They make the arrest within a reasonable time after offence committed AND reasonable grounds that not feasible in the circumstances for a peace officer to make the arrest 13 Arrest Without Warrant – Any Person Questions to Ask: • • • • What were the circumstances of the crime? What was the offence? Who witnessed the offence? Was the person who witnessed the offence one of the authorized group of individuals? • Did they affect the arrest? Continued……. 14 Arrest without Warrant – Any Person Questions to ask continued • When in relation to the commission of the offence was the arrest made? • Where in relation to the offence was the arrest made? • In cases, where there is a delay and the “reasonable time” issue comes into play, why was there a delay – what were the circumstances? – what were the reasonable grounds to believe that it was not feasible to allow a peace officer to affect the arrest? – were the police called for the original commission of the offence? 15 Arrest without Warrant – Any Person Section 494(3) C.C. Any one other than a peace officer who arrests a person without warrant SHALL forthwith deliver the person to a peace officer 16 Arrest without Warrant – Any Person Section 494(4) C.C. For greater certainty, a person who is authorized to make an arrest under this section is a person who is authorized by law to do so for the purposes of section 25. 17 Desktop Scenario Police are called by security. As you arrive security informs you of the following: A security officer was watching a person in the store and saw them stop in the video game section. After a few minutes the person walked away and an expensive limited release game was gone. The security officer believed the person took it but didn’t see the person take it. The security officer knows that the game was on the shelf some time before the person stopped in front of the shelf and it was gone when they left. The person then walked by the cash without paying for anything and left the store. The security officer exited the store and arrested the person outside, brought them back in and called police. Since being arrested by the security officer the person has been cooperative and consented to a search. No video game found. The person has been identified with a valid Ontario Photo Driver’s Licence. A Check of CPIC reveals the subject is 10-60 with a Negative CNI. 18 Homework Assignment Read and understand the synopsis of the Prosper Warning found on the OPCVA for Federal Law 6. Workbook Questions 19