PRESENTATION NAME

1
PRESENTATION NAME

• Arrest and Detention

2
Arrest and Detention

• 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
• 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

3
Questioning the Accused

• Police officers are required to ask suspects
  questions as they investigate a crime
• They cannot, however, force a suspect to answer
  their questions
• 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)
• 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

4
Interrogation Techniques
5
Interrogation Techniques

• The primary goal is to obtain the truth
• 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
• Later investigators ask closed questions such as
  What time did you leave your house? These
  questions are designed to elicit specific answers

6
Interrogation Techniques

• Most of the time, police use a four-stage
  approach in the interrogation process
• They ask the process to describe
• The entire incident
• The period before the offence took place
• The details of the actual offence
• The period following the offence

7
Arrest

• 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
• Identify himself/herself as a police officer
• Advise the accused that he/she is under arrest
• Inform the accused promptly of the charge and
  show an arrest warrant if one has been obtained
• Touch the accused to indicate that he/she is in
  legal custody

8
(No Transcript)
9
Detention

• 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

10
Example

• Francis fits the description given by an assault
  victim
• Police ask him to accompany them to the station
  for questioning
• Francis asks if he has to, police say yes
• He agrees this is detention
• If he doesnt agree, the police can place him
  under arrest and take him to the station against
  his will

11
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
• 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

12
Arrest Without a Warrant

• According to the Criminal Code there are three
  circumstances where the police may arrest
  suspects without a warrant
• They have reasonable grounds to suspect a person
  has either committed an indictable offence or is
  about to commit one
• They find a person in the act of committing a
  criminal offence
• 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

13
Citizens Arrest

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

14
Criminal Code and Citizens Arrest

• 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
• Is escaping from and freshly pursued by persons
  who have lawful authority to arrest that person
• 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

15
Searches

• Because the law seeks to balance the individuals
  right to privacy with the states 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

16
Searching a Person

• 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
• The arrest must be lawful
• The search must be connected to the lawful arrest
• 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

17
(No Transcript)
18
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
• A more thorough search may take place at the
  police station

19
Strip Search?

• 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
• 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

20
Searching a Place

• 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
• 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

21
Searching without a Warrant

• 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
• Police must have reasonable grounds to believe
  that entering the dwelling is necessary to
  prevent
• Imminent injury or death to any person, or
• The destruction of evidence relating to an
  indictable offence