Arrest: Citizen and Police Rights Criminal Law Arrest: Citizen and Police Rights

Today’s Topics Arrest Duties of a Police Officer Citizen’s Rights

Learning Goals Understand the process of legal arrest Understand Police duties upon arrest Understand Citizen rights upon arrest Connect Legal Rights, as outlined in the Charter of Rights and Freedoms, to arrest procedure Analyze a current events scenario where the process of legal arrest was brought into question

Let’s Start with... K-W-L Chart

What is Arrest? Arrest is the legal detention (keeping someone in custody) of a person and charging him/her with a criminal offence

Charter of Rights and Freedoms Focus

What is Needed for Police to Arrest Someone? Police must determine that an offence (i.e. crime) has been committed. 2) Have reasonable grounds (more likely than not) to determine that suspect committed the offence.

3 Options to Apprehend / Charge a Suspect Appearance Notice

3 Options Con’t… 2) Arrest the Suspect

Arrest Con’t… If accused resists arrest… 1994; Law passed by Parliament allowing police to use deadly force in certain situations.

3 Options Con’t… 3) Warrant for Arrest Example: Most Wanted in Halton Region

Examples… Arrest in Progress Tactical Arrest Procedure

Police Stop The Wrong Way: The Right Way: Videos made by students in the U.S. – different laws, similar rights. (Viewer Discretion)

Policing: 3 Levels Federal (national) police force: RCMP Provincial Police: OPP and SQ (Surete du Quebec) Municipal Police: Peel Regional Police, Toronto Police Services, York Region Police…

Duties of a Police Officer Toronto Police Services Website: Protecting life and preventing injury Protecting property Preserving the peace Preventing crimes and other offences and providing assistance and encouragement to other persons in their prevention Assisting victims of crime Apprehending criminals and other offenders and others who may lawfully be taken into custody Laying charges and participating in prosecutions Executing warrants that are to be executed by police officers and performing related duties Performing the lawful duties that the chief of police assigns Enforcing municipal by-laws Completing prescribed training

Police Conduct Police are also held accountable for their actions.

Citizen’s Rights Being Detained (questioned) Do not have to answer unless placed under arrest or a police spot check (i.e. RIDE Program) If police officer illegally detains you, you may sue the officer or complain to the police commission (get the badge # of the officer and names of witnessed). Toronto Police Service - Complaints

Citizen’s Rights Con’t… On Arrest: Section 10: Legal Rights Right to be informed of the reason for arrest and the right to obtain a lawyer (including legal aid). You do not have to answer any questions (besides basics such as name, address, date of birth) Accused must understand their rights (e.g. not be intoxicated)

Police Rights Right to search accused to secure evidence and ensure there are no weapons. To obtain a DNA sample, police must have a warrant.

Citizen’s Arrest Did you know…

Questions?...

K-W-L Conclusion