Criminal LawCriminal Law

Arrest and DetentionArrest and Detention

Arrest and DetentionArrest and Detention Arrests can be made with and without a Arrests can be made with and without a

warrantwarrant A warrant is issued by a Justice of the A warrant is issued by a Justice of the

Peace. It is a written court order directing Peace. It is a written court order directing the police to arrest a suspect the police to arrest a suspect

There are 3 ways an arrest can be There are 3 ways an arrest can be made without a warrant.made without a warrant.

1.1. Police have reasonable grounds to Police have reasonable grounds to suspect a person as either suspect a person as either committed an indictable offence or committed an indictable offence or is about to commit oneis about to commit one

2.2. The police find a person in the act The police find a person in the act of committing a criminal offenceof committing a criminal offence

3.3. They find a person they believe is They find a person they believe is named on an arrest warrant.named on an arrest warrant.

Reasonable GroundsReasonable Grounds

This is information that This is information that would lead a would lead a reasonable person to reasonable person to conclude that the conclude that the suspect has committed suspect has committed a criminal offencea criminal offence

E.g. The police find you E.g. The police find you sitting in a car with sitting in a car with bags of money in the bags of money in the vicinity of a bank that vicinity of a bank that has just been robbedhas just been robbed

CitizenCitizen’’s Arrests Arrest

Is an arrest without a Is an arrest without a warrant by a person who warrant by a person who is not a police/peace is not a police/peace officerofficer

They must hand the They must hand the suspect to a peace suspect to a peace officer immediatelyofficer immediately

A peace officer is a A peace officer is a person responsible for person responsible for preserving the peace preserving the peace such as: police, mayor, such as: police, mayor, customcustom’’s official, prison s official, prison guard, pilotguard, pilot

A citizen can make an arrest A citizen can make an arrest if:if:

1.1. You find someone committing an You find someone committing an indictable offenceindictable offence

2.2. You believe someone has and is You believe someone has and is being pursued by the policebeing pursued by the police

3.3. If you have been asked by the police If you have been asked by the police to assist in an arrestto assist in an arrest

Note: A citizens arrest is not Note: A citizens arrest is not recommended. Call the police and recommended. Call the police and try and remember details of the try and remember details of the suspect or snap a picture with your suspect or snap a picture with your phone. phone.

5 Steps of Lawful Arrest5 Steps of Lawful Arrest

1.1. Identify themselves as a Identify themselves as a police officerpolice officer

2.2. Advise the accused they Advise the accused they are under arrestare under arrest

3.3. Inform the accused Inform the accused promptly of the charge promptly of the charge and show the arrest and show the arrest warrant if one has been warrant if one has been obtainedobtained

4.4. Touch the accused to Touch the accused to indicate they are in legal indicate they are in legal custodycustody

5.5. Inform the arrested person Inform the arrested person of their right to counselof their right to counsel

I am arresting you for common assault. It is my duty I am arresting you for common assault. It is my duty to inform you that you have the right to retain to inform you that you have the right to retain and instruct counsel without delay. You have the and instruct counsel without delay. You have the right to telephone any lawyer you wish. You also right to telephone any lawyer you wish. You also have the right to free advice from a Legal Aid have the right to free advice from a Legal Aid lawyer. If you are charged with an offence, you lawyer. If you are charged with an offence, you may apply to the Ontario Legal Aid Plan for may apply to the Ontario Legal Aid Plan for assistance. 1 800 265-0451 is a toll-free number assistance. 1 800 265-0451 is a toll-free number that will put you in contact with a Legal Aid duty that will put you in contact with a Legal Aid duty counsel lawyer for free legal advice right now.counsel lawyer for free legal advice right now.

Do you understand? Do you wish to call a lawyer Do you understand? Do you wish to call a lawyer now?now?

Once arrested you have Once arrested you have rights and obligationsrights and obligations

RightsRights1.1. To remain silent ~ Police do not have to inform To remain silent ~ Police do not have to inform

you of thisyou of this2.2. To be presumed innocent until proven guiltyTo be presumed innocent until proven guilty3.3. To not incriminate oneselfTo not incriminate oneself4.4. To be informed promptly of reasons for arrest To be informed promptly of reasons for arrest

and shown a warrant if there is oneand shown a warrant if there is one5.5. To retain counsel without delayTo retain counsel without delay6.6. To be informed of legal aid and duty counselTo be informed of legal aid and duty counsel7.7. To not be arbitrarily detained or imprisonedTo not be arbitrarily detained or imprisoned8.8. To Habeas CorpusTo Habeas Corpus

Habeas CorpusHabeas Corpus

“ “You have the body “You have the body “

ObligationsObligations

To accompany police if To accompany police if arrestedarrested

To submit to To submit to fingerprinting and to be fingerprinting and to be photographed if charged photographed if charged with an indictable with an indictable offenceoffence

SearchesSearchesSection 8 of the Charter protects Section 8 of the Charter protects

people from people from unreasonable search and seizure

Generally the police have to obtain a Generally the police have to obtain a warrant before conducting a search, warrant before conducting a search, but there are exceptions to this rulebut there are exceptions to this rule

Searches with a warrantSearches with a warrant A warrant may be issued by a Justice A warrant may be issued by a Justice

of the Peaceof the Peace A warrant can be used A warrant can be used

only on the date indicated,only on the date indicated,

between 6am and 9pmbetween 6am and 9pm

Only items mentioned in the warrant Only items mentioned in the warrant can be seized, unless other illegal can be seized, unless other illegal items are found during the search, items are found during the search, relate to the crime and are in clear relate to the crime and are in clear viewview

A telewarrant is a A telewarrant is a warrant obtainedwarrant obtained by fax or phoneby fax or phone

Searches without a warrantSearches without a warrantThe police may search:The police may search:

1.1. Anyone who has been arrestedAnyone who has been arrested

2.2. Any place under the arrested persons controlAny place under the arrested persons control

3.3. Under Section 101 for search of prohibited Under Section 101 for search of prohibited weaponsweapons

4.4. Under certain federal statutes such as Under certain federal statutes such as Controlled Substance ActControlled Substance Act

The police are permitted to use a The police are permitted to use a choke hold to prevent a suspect from choke hold to prevent a suspect from swallowing drug evidenceswallowing drug evidence

Crack is not water soluble so it can be Crack is not water soluble so it can be stored in the mouthstored in the mouth

Warrant ExceptionsWarrant ExceptionsSearching a PersonSearching a PersonThe police do not have to obtain a warrant to search The police do not have to obtain a warrant to search

a person they have just arresteda person they have just arrested

3 conditions must exist for the search to be legal.3 conditions must exist for the search to be legal.

1.1. The arrest is lawfulThe arrest is lawful

2.2. The search is connected to the lawful arrestThe search is connected to the lawful arrest

3.3. The search carried out must be reasonableThe search carried out must be reasonable

Searching a place Searching a place Police may enter a dwelling without a warrant with Police may enter a dwelling without a warrant with

reasonable grounds: reasonable grounds:

1.1. That imminent injury or death to any person That imminent injury or death to any person may occurmay occur

2.2. That there is the possibility of destruction of That there is the possibility of destruction of evidence related to an indictable offenceevidence related to an indictable offence

Illegal SearchesIllegal Searches Illegally seized evidence may be Illegally seized evidence may be

used in court if it is relevant to the used in court if it is relevant to the crime, unless its admission would crime, unless its admission would bring the “administration of justice bring the “administration of justice into disrepute”into disrepute”