The Police CHC 3MR Lesson 49

The Police Learning Goal: Analyze the procedures that police must follow. Review Note and discussion Hold Your Fire (Video)

Review What is intent? Compare actus reus and mens rea. What is criminal negligence? What does it mean to decriminalize something? What is motive?

The Police (Chapter 5) After arrest, the suspect is known as ‘the accused’ Either ‘caught in the act’ or evidence is gathered Police must respect legal rights (ss 7-14 of the Charter) ‘security of the person’ is key

Limits on Police Behaviour Search warrant must be obtained properly Must apply to a judge or justice of the peace (jp) and show ‘reasonable and probable grounds’ that there is evidence of a crime Officers must show objectivity Clear connection between search and a criminal offence

Reasonable: sensible and logical Probable: not random or based on a hunch If evidence obtained improperly the judge can declare it inadmissable

Arrest Can’t simply arrest a suspect 3 options

1) Appearance Notice For summary conviction and lesser indictable offences Includes the offence and time and place of the required court appearance As long as accused is not a threat to others or a flight risk Officer then swears an ‘information’ before a judge or jp that the offence occurred

2) Arresting the Suspect For more serious indictable offences Taken into custody No warrant required if crime has just been committed or is about to be committed A caution is read to the accused (not quite the same as Miranda warning of US)

Steps in a Lawful Arrest (text page 147) Notice on arrest: “I am Police Constable...” Advising the accused of the offence charged with: “I am arresting you, __________, for _____” Caution 1: Right to Counsel Caution 2: right to remain silent Physically touching the accused to signify custody

If arrest is resisted, police have authority to use ‘as much force as necessary’ to prevent an escape Trial judge determines this Security of the person v as much force as necessary

Serious or deadly force can be used if: The suspect’s behaviour might cause harm or death to others The suspect flees There are no alternative means to prevent escape

3) Warrant for Arrest Go before a judge or jp to receive a summons Delivered by sheriff or deputy If police can show the judge that the accused will not appear voluntarily, an arrest warrant is issued Summons and warrant only issued with proper evidence

Citizen’s Arrest If a regular citizen witnesses a criminal act Must be reasonable No excessive force Must say that he/she is making an arrest Can be sued if it is unreasonable S. 494 of the Criminal Code

Task: 1. Page 149 Read R v Asant-Mensah and answer the question at the end” “Do you think regular citizens should be allowed to make an arrest? Explain” 2. Read pages 149-154. Answer Review questions on page 154.