PRESENTATION NAME Arrest and Detention

Arrest and Detention Arrest and Detention Depending on the amount of physical evidence collected, the police may make an arrest either before or after questioning Depending on the amount of physical evidence collected, the police may make an arrest either before or after questioning Procedures for dealing with suspects have been codified (written down) in the Criminal Code, developed through case law and entrenched in the Charter of Rights and Freedoms Procedures for dealing with suspects have been codified (written down) in the Criminal Code, developed through case law and entrenched in the Charter of Rights and Freedoms If the police do not follow the established procedures, they risk having the case fall apart later in court because evidence obtained improperly may be considered inadmissible If the police do not follow the established procedures, they risk having the case fall apart later in court because evidence obtained improperly may be considered inadmissible

Questioning the Accused Police officers are required to ask suspects questions as they investigate a crime Police officers are required to ask suspects questions as they investigate a crime They cannot, however, force a suspect to answer their questions They cannot, however, force a suspect to answer their questions Under the Charter of Rights and Freedoms people have the right to remain silent Under the Charter of Rights and Freedoms people have the right to remain silent Police are required by law to promptly inform arrested persons of the reason for their arrest and of their right to council (to speak with a lawyer) Police are required by law to promptly inform arrested persons of the reason for their arrest and of their right to council (to speak with a lawyer) After an arrested person has been informed of his/her rights, anything he/she says or puts in writing can be used against them in court After an arrested person has been informed of his/her rights, anything he/she says or puts in writing can be used against them in court

Interrogation Techniques

The primary goal is to obtain the truth The primary goal is to obtain the truth The best way to accomplish this goal is to develop a trusting relationship with the suspect The best way to accomplish this goal is to develop a trusting relationship with the suspect At the beginning of the questioning process the police use open-ended, non- threatening questions, such as “Tell me what happened” At the beginning of the questioning process the police use open-ended, non- threatening questions, such as “Tell me what happened” Later investigators ask closed questions such as “What time did you leave your house?” – These questions are designed to elicit specific answers Later investigators ask closed questions such as “What time did you leave your house?” – These questions are designed to elicit specific answers

Interrogation Techniques Most of the time, police use a four-stage approach in the interrogation process Most of the time, police use a four-stage approach in the interrogation process They ask the process to describe They ask the process to describe 1. The entire incident 2. The period before the offence took place 3. The details of the actual offence 4. The period following the offence

Arrest Arrest: legally depriving someone of liberty by seizing or touching the person to indicate that he or she is in custody Arrest: legally depriving someone of liberty by seizing or touching the person to indicate that he or she is in custody In order for an arrest to be lawful, the arresting officer must follow these four steps: In order for an arrest to be lawful, the arresting officer must follow these four steps: 1. Identify himself/herself as a police officer 2. Advise the accused that he/she is under arrest 3. Inform the accused promptly of the charge and show an arrest warrant if one has been obtained 4. Touch the accused to indicate that he/she is in legal custody

Detention Detention: Legally depriving a person of liberty for the purpose of asking questions, with or without physical restraint Detention: Legally depriving a person of liberty for the purpose of asking questions, with or without physical restraint People detained by police must be promptly informed of the reasons for the detention and of their right to retain counsel People detained by police must be promptly informed of the reasons for the detention and of their right to retain counsel

Example Francis fits the description given by an assault victim Francis fits the description given by an assault victim Police ask him to accompany them to the station for questioning Police ask him to accompany them to the station for questioning Francis asks if he has to, police say yes Francis asks if he has to, police say yes He agrees – this is detention He agrees – this is detention If he doesn’t agree, the police can place him under arrest and take him to the station against his will If he doesn’t agree, the police can place him under arrest and take him to the station against his will

Arrest with a Warrant If the police have reasonable grounds to think that someone accused of a serious indictable offence will not appear in court willingly, they can obtain an arrest warrant If the police have reasonable grounds to think that someone accused of a serious indictable offence will not appear in court willingly, they can obtain an arrest warrant Arrest warrant: a written court order, directing the arrest of the suspect Arrest warrant: a written court order, directing the arrest of the suspect The warrant provides the name of the accused, the offence the person is charged with, and the reason for the warrant The warrant provides the name of the accused, the offence the person is charged with, and the reason for the warrant

Arrest Without a Warrant According to the Criminal Code there are three circumstances where the police may arrest suspects without a warrant: According to the Criminal Code there are three circumstances where the police may arrest suspects without a warrant: 1. They have reasonable grounds to suspect a person has either committed an indictable offence or is about to commit one 2. They find a person in the act of committing a criminal offence 3. They find a person who they believe is named on an arrest warrant This is extended to all peace officers including mayors, prison guards, customs officers, aircraft pilots, and fisheries officers This is extended to all peace officers including mayors, prison guards, customs officers, aircraft pilots, and fisheries officers

Citizen’s Arrest Citizen’s Arrest: an arrest without a warrant by any person other than a peace officer Citizen’s Arrest: an arrest without a warrant by any person other than a peace officer The most common form of citizen’s arrest involves incidents of shoplifting The most common form of citizen’s arrest involves incidents of shoplifting Immediately after the citizen’s arrest has been made, the suspect must be turned over to a peace officer Immediately after the citizen’s arrest has been made, the suspect must be turned over to a peace officer Citizen’s arrests are rare – many people are afraid they will be sued for false arrest or injured in a fight Citizen’s arrests are rare – many people are afraid they will be sued for false arrest or injured in a fight

Criminal Code and Citizen’s Arrest Anyone may arrest without a warrant Anyone may arrest without a warrant –A person whom he finds committing an indictable offence, or –A person who, on reasonable grounds, he believes Has committed a criminal offence, and Has committed a criminal offence, and Is escaping from and freshly pursued by persons who have lawful authority to arrest that person Is escaping from and freshly pursued by persons who have lawful authority to arrest that person Anyone who is Anyone who is –The owner or a person in lawful possession of property, or –A person authorized by the owner or by a person in lawful possession of property may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property

Searches Because the law seeks to balance the individual’s right to privacy with the state’s need to conduct a thorough investigation, both statute and common law carefully explain at what point the police may conduct searches and the kind of evidence they may collect Because the law seeks to balance the individual’s right to privacy with the state’s need to conduct a thorough investigation, both statute and common law carefully explain at what point the police may conduct searches and the kind of evidence they may collect Generally the police have to obtain a warrant before conducting a search, but there are important exceptions to this rule Generally the police have to obtain a warrant before conducting a search, but there are important exceptions to this rule

Searching a Person The police do not have to obtain a warrant to search a person they have just arrested. The police do not have to obtain a warrant to search a person they have just arrested. But, the police have to satisfy three conditions for this exception to be legal: But, the police have to satisfy three conditions for this exception to be legal: The arrest must be lawful The arrest must be lawful The search must be connected to the lawful arrest The search must be connected to the lawful arrest The manner in which the search is carried out must be reasonable The manner in which the search is carried out must be reasonable Except in the case of impaired driving an arrested person does not have to supply the police with breath, blood or urine samples Except in the case of impaired driving an arrested person does not have to supply the police with breath, blood or urine samples

“Pat down” In most cases, to ensure that the arrested person is not carrying weapons or concealing evidence, the police will do a cursory search or “pat down” immediately after the arrest In most cases, to ensure that the arrested person is not carrying weapons or concealing evidence, the police will do a cursory search or “pat down” immediately after the arrest A more thorough search may take place at the police station A more thorough search may take place at the police station

Strip Search? The practice of strip-searches, even those arrested for non-violent crimes has been fairly common in Canada The practice of strip-searches, even those arrested for non-violent crimes has been fairly common in Canada The Supreme Court placed limits on strip searches laying down strict guidelines for when and how they must be conducted The Supreme Court placed limits on strip searches laying down strict guidelines for when and how they must be conducted Strip searches can only be conducted when Strip searches can only be conducted when –Police have reason to believe the accused is concealing a weapon, drugs or other evidence –The search is authorized by a senior officer –The search is done by an officer of the same sex, and –Searches of body cavities are done only by medical personnel

Searching a Place In most cases, police must obtain a warrant before searching places such as a residence, an office, or a storage area In most cases, police must obtain a warrant before searching places such as a residence, an office, or a storage area Search Warrant: a court document that gives police the right to search a specific location Search Warrant: a court document that gives police the right to search a specific location In cases where the police believe they must act quickly to preserve evidence, they may obtain a telewarrant to search the premesis In cases where the police believe they must act quickly to preserve evidence, they may obtain a telewarrant to search the premesis Telewarrant: a search warrant obtained by phone or fax Telewarrant: a search warrant obtained by phone or fax

Searching without a Warrant A search warrant is almost always required if the police wish to search a private home A search warrant is almost always required if the police wish to search a private home Two exceptions apply where pressing circumstances make it difficult to obtain a warrant in time Two exceptions apply where pressing circumstances make it difficult to obtain a warrant in time Police must have reasonable grounds to believe that entering the dwelling is necessary to prevent Police must have reasonable grounds to believe that entering the dwelling is necessary to prevent Imminent injury or death to any person, or Imminent injury or death to any person, or The destruction of evidence relating to an indictable offence The destruction of evidence relating to an indictable offence