Arrest + Search
Identify yourself as a Peace Officer
Take physical custody of the person
Tell them they are under arrest in an understandable way
Inform the subject of the reason for the arrest
Search for weapons, evidence, or means of escape incident to arrest
Read the subject their 10(a) and 10(b) rights
Advise POJ of arrest if it is under S. 494
What is section 8 of the Canadian Charter of Rights and Freedoms?
Everyone has the right to be secure against unreasonable search and seizure
If your partner arrests and subsequently repeatedly kicks and murders a client, what section would you be liable under?
S. 21[1]: Parties to an Offence
You may also be found guilty of murder
What is part 2 of a violation ticket?
What is a Form 7 warrant?
Arrest warrant issued by the court and authorises a CPO to arrest a named individual when they have failed to appear in court, or have been charged with an offence for with they have yet to be arrested
What three factors determine if a search is reasonable?
Must be authorised by law
The law must be reasonable
The search must be conducted in a reasonable manner
Fill in the blanks:
The Charter of Rights and Freedoms protects you from ________ search and seizure under section ________
The Charter of Rights and Freedoms protects you from UNREASONABLE search and seizure under section EIGHT
What is section 25 in the Criminal Code?
Every one who is required or authorized by law to do anything in the administration or enforcement of the law is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.
What is part 3 of a violation ticket?
Part 3 is the offence notice, which does not compel a person to court, but sets a fine amount
What does it mean when a Form 7 is endorsed?
A warrant which is signed by a court. The accused can be released by the arresting CPO with a appearance notice or undertaking
What case law determines how a search is reasonable?
R v Collins [1987]
What is section 10 of the Canadian Charter of Rights and Freedoms
Habeas Corpus
Guarantees rights upon arrest or detention
What is section 26 in the Criminal Code?
Every one who is authorised by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess.
What is direct evidence?
Evidence of a fact based on a witness’ personal knowledge or observation of that fact.
If the witness claims they saw an offense take place, this would be considered direct evidence
What does it mean when a Form 7 is unendorsed?
A warrant which is not signed by a court. The subject must be arrested and transferred to the police of jurisdiction so they can be brought before a justice
What kind of criminal offences are provincial statues treated the same as?
Summary conviction offenses
What is section 1 of the Canadian Charter of Rights and Freedoms also known as?
"Saving Provision"
Section 1 allows the infringement as long as the need is substantial enough
What is section 27 in the Criminal Code?
Everyone is justified in using as much force as is reasonably necessary:
(a) To prevent the commission of an offense:
i. For which, if it were committed, the person who committed it might be arrested without warrant, and
ii. That would be likely to cause immediate and serious injury to the person or property of anyone; or
(b) To prevent anything being done that, on reasonable grounds, he believes would, if it were, done, be an offense mentioned in paragraph (a)
What is circumstantial evidence?
Evidence of something that is not in question but leads to inferences (a conclusion based on reasoning or deduction) about an issue that is in question.
A witness who says that she saw the defendant enter a house, heard screaming, and then saw the defendant leave with a bloody knife gives circumstantial evidence.
What is a Form 21 warrant?
A Form 21 warrant is issued when an individual has been sentenced prior but failed to pay the monetary fine in the time granted by the court
Commonly referred to as pay or stay
What sections of the Criminal Code can a CPO use to arrest?
Section 31 (breach of peace)
Section 494 (arrest without warrant - outside of appointment)
Section 495 (arrest without warrant - within appointment)
Section 129 (obstruction)
What are the three sources of law in Canada?
Constitution, Statue Law, Common Law
If you are attacked by a person and use force to defend yourself, what are the three things the court would consider?
Nature of the force or threat
Extent to whether the threat was imminent (AIM)
The person's role in the incident
Whether the person threatened to use a weapon
Subject factors
What are the five steps to secure a crime scene?
Secure the perimeter
ID witnesses
Call supervisor
Ensure integrity of scene and evidence
Complete documentation
What are the four levels of court in Canada?
Supreme Court of Canada
Alberta Court of Appeal
Alberta Court of King’s Bench
Alberta Court of Justice