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Police Rights and Procedures

Police Rights and Procedures. Upon Arrest:. Identify himself or herself – uniform is sufficient Advise the accused he or she is under arrest Inform the accused of charges and rights Touch the accused to indicate that he or she is in legal custody. Arrest and Forced Used.

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Police Rights and Procedures

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  1. Police Rights and Procedures

  2. Upon Arrest: • Identify himself or herself – uniform is sufficient • Advise the accused he or she is under arrest • Inform the accused of charges and rights • Touch the accused to indicate that he or she is in legal custody

  3. Arrest and Forced Used • A police officer can only use as much force as necessary. Even force that causes death or bodily harm can be used if it protects others from death or harm • Police are criminally responsible (liable) for the use of unnecessary force.

  4. Resisting arrest • Police have the legal authority to use “as much force as is necessary:” to prevent an escape • The Judge decides if police used necessary force • More force than necessary can result in charge • Police use of serious/ deadly force: • The behaviour of a suspect might cause serious harm/death to others • Suspect flees to escape arrest • There are no alternative means to escape Not so lawful: articleCanadian Police officers killed in the line of duty 18 year old Yatim Streetcar

  5. Police Rights Upon arrest police may search to: • locate evidence relating to the charge • for anything that may assist in escape or cause injury to oneself or others • strip searches are only legal if the person is going to be held in custody - for the safety of the individual • fingerprinting and photographs are conducted for indictable offences

  6. The Police Log • The officer must keep an accurate log of what was witnessed • The log, what is remembered and conduct of the officer are frequently the most important factors in determining the acceptance of evidence by the court • http://www.youtube.com/watch?v=FCfp80HlqWc • http://www.youtube.com/watch?v=wt17ywOMKQY

  7. Video: • City Spotlight: Behind the Scenes of the CPD - Arrest and Booking Procedure (American so remember they must tell you why you are being arrested & your rights prior to putting you in the car) • http://www.youtube.com/watch?v=ApSrKNaPWpI • Collinsville, Illinois

  8. Citizen’s arrest: R v. Asante-Mensah • 1991, a taxi driver repeatedly jumped in line at the Pearson International Airport in Toronto, contrary to regulations, picking up passengers ahead his turn • An airport inspector approached and touched the accused shoulder, telling him that he was under arrest for trespassing and that he would be detained for police • Accused fled • At trial, judge acquitted the accused because the inspector was not authorized to make an arrest. Ontario Court of Appeal disagreed, in a 9-0 judgement in July 2003, Supreme Court of Canada upheld the conviction. • Court wrote that the word “arrest” is well understood in common law.

  9. Question • Do you think regular citizens should be allowed to make an arrest? Explain

  10. Did you know? • Section 494 of the Criminal Code gives store detective, security guards, private detectives, and ordinary citizens the authority to make arrests.

  11. Citizen’s arrest • A regular citizen can make an arrest if he or she witnesses a criminal act or believed that a suspect has just committed one. • Citizen can not use excessive force and must surrender the suspect to the police as soon as possible. • Citizen must state clearly that she or he is placing the suspect under arrest • If the citizen is acting in an unreasonable way, he or she can be sued. • Citizen arrest is covered in section 494 of the Criminal Code.

  12. Delta, BC supplement store: theft Citizen Arrest caught on tape • http://globalnews.ca/news/899078/a-citizens-arrest-caught-on-tape-in-delta/

  13. Read the Caution • Steps in an Arrest pg. 147

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