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

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

3. 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

4. Let’s Start with... K-W-L Chart

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

6. Charter of Rights and Freedoms Focus

7. 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.

8. 3 Options to Apprehend / Charge a Suspect
Appearance Notice

9. 3 Options Con’t…
2) Arrest the Suspect

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

11. 3 Options Con’t… 3) Warrant for Arrest Example:
Most Wanted in Halton Region

12. Examples…
Arrest in Progress
Tactical Arrest Procedure

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

14. 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…

15. 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

16. Police Conduct
Police are also held accountable for their actions.

17. 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

18. 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)

19. 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.

20. Citizen’s Arrest
Did you know…

21. Questions?...

22. K-W-L Conclusion