Arrest
When police place someone under arrest, they have to follow certain rules to ensure that the person’s Charter rights are being upheld In order to make an arrest, an officer must have reasonable and probable grounds to believe that the suspect committed the offence Best DUI Arrest
Arrest: To deprive a person of his or her liberty by legal authority so he or she can answer to a criminal charge (legal detainment). FACT – if arrested by police, you are required to give only your name and address.
Purpose of an Arrest Lay a charge Preserve evidence Security (for safety of others and officer) Prevent the accused from committing any further offences Suspicious package leads to 71 year old arrest
Three options are available in the apprehension and charging of a suspect:
1) Appearance Notice For summary, hybrid or less serious indictable (not violent or posing threat to society) Document indicates the offence and gives the time and place of the court appearance. The accused must sign it. The police officer must swear an information (the starting document for a less serious offence) before a judge or justice about the alleged crime. This document states that the officer believes that the person given the appearance notice committed a crime. Civil Court Notice of Appearance
2) Arrest If reasonable and probable grounds that a person has committed an indictable offence Is committing and indictable or summary offence Is about to commit an indictable or summary offence
Did You Know? In Canada, rights are read before the taking of any evidence, such a breath or blood samples, or before a police lineup. The person has a constitutional right to remain silent and say nothing to the police. Dellen Millard – excuses his right to remain silent In the US, rights are read after the accused is in custody, under interrogation, or arrested, and evidence may be taken before the rights are read (Miranda warning. Both provide a right to consult a lawyer.)
3) Warrant for Arrest A swear of information is used to acquire a summons or warrant. Under oath, stating that there is reason to believe that a person has committed a criminal offence. Search warrant raid on MMA’s office Video 5mins 41secs
Summons: A court order requiring the accused to appear in court Delivered in person by the sheriffs department. Issued to a person who is not a threat to society or flight France summons US ambassador Germany summons US ambassador American issue with spying on foreign countries, not sure if you want to show this or not http://www.aljazeera.com/news/europe/2013/10/france-summons-us-ambassador-over-spying-2013102183224174263.html http://www.aljazeera.com/news/americas/2013/10/germany-summons-us-ambassador-over-spying-20131024105650276569.html
Warrant: Issued when the police can demonstrate that the accused will not come to court voluntarily. It names or describes the accused, sets out the offence, and orders the accused to be immediately arrested usually provincial in territory but can acquire a Canada-wide warrant Warrant for right-hand man: http://www.niagarafallsreview.ca/2012/11/02/busting-a-billion-dollar-drug-ring