Criminal Law Criminal Law Arrest and Detention

Arrests can be made with and without a warrant Arrests can be made with and without a warrant A warrant is issued by a Justice of the Peace. It is a written court order directing the police to arrest a suspect A warrant is issued by a Justice of the Peace. It is a written court order directing the police to arrest a suspect

There are 3 ways an arrest can be made without a warrant. 1. Police have reasonable grounds to suspect a person as either committed an indictable offence or is about to commit one

2. The police find a person in the act of committing a criminal offence

3. They find a person they believe is named on an arrest warrant.

Reasonable Grounds This is information that would lead a reasonable person to conclude that the suspect has committed a criminal offence This is information that would lead a reasonable person to conclude that the suspect has committed a criminal offence E.g. The police find you sitting in a car with bags of money in the vicinity of a bank that has just been robbed E.g. The police find you sitting in a car with bags of money in the vicinity of a bank that has just been robbed

Citizen’s Arrest Is an arrest without a warrant by a person who is not a police/peace officer Is an arrest without a warrant by a person who is not a police/peace officer They must hand the suspect to a peace officer immediately They must hand the suspect to a peace officer immediately A peace officer is a person responsible for preserving the peace such as: police, mayor, custom ’ s official, prison guard, pilot A peace officer is a person responsible for preserving the peace such as: police, mayor, custom ’ s official, prison guard, pilot

A citizen can make an arrest if: 1. You find someone committing an indictable offence 2. You believe someone has and is being pursued by the police 3. If you have been asked by the police to assist in an arrest Note: A citizens arrest is not recommended. Call the police and try and remember details of the suspect or snap a picture with your phone.

5 Steps of Lawful Arrest 1. Identify themselves as a police officer 2. Advise the accused they are under arrest 3. Inform the accused promptly of the charge and show the arrest warrant if one has been obtained 4. Touch the accused to indicate they are in legal custody 5. Inform the arrested person of their right to counsel

I am arresting you for common assault. It is my duty to inform you that you have the right to retain and instruct counsel without delay. You have the right to telephone any lawyer you wish. You also have the right to free advice from a Legal Aid lawyer. If you are charged with an offence, you may apply to the Ontario Legal Aid Plan for assistance is a toll-free number that will put you in contact with a Legal Aid duty counsel lawyer for free legal advice right now. Do you understand? Do you wish to call a lawyer now?

Once arrested you have rights and obligations Rights 1. To remain silent ~ Police do not have to inform you of this 2. To be presumed innocent until proven guilty 3. To not incriminate oneself 4. To be informed promptly of reasons for arrest and shown a warrant if there is one 5. To retain counsel without delay 6. To be informed of legal aid and duty counsel 7. To not be arbitrarily detained or imprisoned 8. To Habeas Corpus

Habeas Corpus “You have the body “ “You have the body “

Obligations To accompany police if arrested To accompany police if arrested To submit to fingerprinting and to be photographed if charged with an indictable offence To submit to fingerprinting and to be photographed if charged with an indictable offence

Searches Section 8 of the Charter protects people from unreasonable search and seizure unreasonable search and seizureunreasonable search and seizure Generally the police have to obtain a warrant before conducting a search, but there are exceptions to this rule

Searches with a warrant A warrant may be issued by a Justice of the Peace A warrant may be issued by a Justice of the Peace A warrant can be used A warrant can be used only on the date indicated, between 6am and 9pm

Only items mentioned in the warrant can be seized, unless other illegal items are found during the search, relate to the crime and are in clear view Only items mentioned in the warrant can be seized, unless other illegal items are found during the search, relate to the crime and are in clear view

A telewarrant is a warrant obtained by fax or phone by fax or phone

Searches without a warrant The police may search: 1. Anyone who has been arrested 2. Any place under the arrested persons control 3. Under Section 101 for search of prohibited weapons 4. Under certain federal statutes such as Controlled Substance Act

The police are permitted to use a choke hold to prevent a suspect from swallowing drug evidence Crack is not water soluble so it can be stored in the mouth

Warrant Exceptions Searching a Person The police do not have to obtain a warrant to search a person they have just arrested 3 conditions must exist for the search to be legal. 1. The arrest is lawful 2. The search is connected to the lawful arrest 3. The search carried out must be reasonable

Searching a place Police may enter a dwelling without a warrant with reasonable grounds: 1. That imminent injury or death to any person may occur 2. That there is the possibility of destruction of evidence related to an indictable offence

Illegal Searches Illegally seized evidence may be used in court if it is relevant to the crime, unless its admission would bring the “administration of justice into disrepute” Illegally seized evidence may be used in court if it is relevant to the crime, unless its admission would bring the “administration of justice into disrepute”