Citizen’s Arrest Is an arrest without a warrant by a person who is not a police/peace officer They must hand over 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 citizen can make an arrest if: You find someone committing an indictable offence You believe someone has and is being pursued by the police 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 Identify themselves as a police officer Advise the accused they are under arrest Inform the accused promptly of the charge and show the arrest warrant if one has been obtained Touch the accused to indicate they are in legal custody Inform the arrested person of their right to counsel

I am arresting you for common assault 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 _______Aid Plan for assistance. 1 800 265-0451 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 To remain silent ~ Police do not have to inform you of this To be presumed innocent until proven guilty To not incriminate oneself To be informed promptly of reasons for arrest and shown a warrant if there is one To retain counsel without delay To be informed of legal aid and duty counsel To not be arbitrarily detained or imprisoned To Habeas Corpus

Habeas Corpus Latin: “You have the body “ a court petition which orders that a person being detained be produced before a judge for a hearing to decide whether the detention is lawful.

Obligations To accompany police if arrested 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 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 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

A telewarrant is a warrant obtained by fax or phone

Searches without a warrant The police may search: Anyone who has been arrested Any place under the arrested persons control Under Section 101 for search of prohibited weapons 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. The arrest is lawful The search is connected to the lawful arrest The search carried out must be reasonable

Searching a place Police may enter a dwelling without a warrant with reasonable grounds: That imminent injury or death to any person may occur 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” In this instance, the case may be dismissed because of a violation of the accused Charter rights…