 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 Best DUI 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.

 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: package-at-montreal-airport-delays-us-flights package-at-montreal-airport-delays-us-flights

 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.

 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

 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.

 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: ant-reveals-concerns-about-second- train-near-lac-megantic/ ant-reveals-concerns-about-second- train-near-lac-megantic/

 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

 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: sting-a-billion-dollar-drug-ring sting-a-billion-dollar-drug-ring