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 Detention vs Arrest If an arrest is not necessary police may detain ID: 638946
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Slide1
ArrestSlide2
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 ArrestSlide3
Detention vs. Arrest
If an arrest is not necessary, police may detain
you :
Detention
– stopping someone and asking them to answer a few questions (with or without physical restraint)
REMINDER: CHARTER S. 9 (Right not to be arbitrary detained)Slide4
Arrest:
To detain a person legally and to charge him or her with a criminal offence.
FACT – if arrested by police, you are required to give only your name and address.Slide5
Keep in mind…
The police cannot just arrest anyone – they
MUST
:
have
proof that the offence has been committed
OR
they
must have
reasonable and probable grounds for suspecting a certain person.Slide6
Purpose of an Arrest
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 arrestSlide7
For an
arrest
to be lawful, these steps must be followed:
Identify himself/herself as a police officer
Advise the accused that he/she is under arrest
Inform accused of the charge (s.10 a)
Touch the accused to indicate he/she is in legal custody
Inform them of their right to counsel (s.10 b
)Slide8
Rights upon being arrested…
Did you know??
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. Slide9
4
Methods of Apprehending an Offender:Slide10
Method 1: Appearance Notice
Legal document issued for
less
serious
offences compelling an accused to appear in court
If they don’t show up? - Judge issues a
bench warrant:
Accused will be arrested for the
original offence and charged with “failure to appear” Slide11Slide12Slide13Slide14Slide15Slide16
Method 2:
Arrest WITH a warrant
For more serious offences, the judge issues a
summons:
Legal document compelling an accused to appear in court
If police believe the suspect won’t show up, they ask the judge for an
arrest warrant:
Written court order directing the arrest of the accusedNote – warrant includes: name of accused, offence, orders for accused to be arrested ASAP
Warrant for right-hand manSlide17
Method 3:
Arrest WITHOUT a warrant
Police can arrest someone
without
a warrant when:
They
have
reasonable grounds
to believe a person
has/will commit a crime
They find someone committing a crime They find someone who they believe is named on an arrest warrant
Slide18
Method 4:
Citizen’s Arrest
Detainment by a civilian of a person believed to have committed a crime
A regular citizen can make an arrest if:
he/she witnesses a criminal act OR
believe that a suspect just committed one
NOTE: Section 494 of Criminal Code
Sec. 494 of CC: gives store detectives, security guards, and ordinary citizens authority to make arrestsSlide19
Method 4:
Citizen’s Arrest
Arresting citizen:
MUST
state why he/she is arresting
suspect
CANNOT use excessive force
and
MUST surrender the suspect to the police ASAP
NOTE: Section 494 of Criminal Code
Sec. 494 of CC: gives store detectives, security guards, and ordinary citizens authority to make arrests
Citizen Arrest Caught on TapeSlide20
Method 4:
Citizen’s Arrest
Couples Citizen Arrest
KEEP IN MIND:
Always use caution when making a citizen’s arrest
NOTE: Section 494 of Criminal Code
Sec. 494 of CC: gives store detectives, security guards, and ordinary citizens authority to make arrestsSlide21
Read Case: R v. Asante-Mensah
Pg. 149 in Nelson Textbook
Discuss question below with your neighbour…
Do you think regular citizens should be allowed to make an arrest? EXPLAIN!Slide22
Review your understanding…
Define detainment vs. arrest
When making an arrest, the police must have 2 things – what are they?
For an arrest to be lawful, list 2 things police must do
When apprehending a suspect, the police can do 4 things – what are they?
What is the name of the legal document a judge will issue when he/she is trying to make an arrest with a warrant?
How can police arrest someone without a warrant?
True or False: citizens can make an arrest using as much force as necessarySlide23
Citizen’s Rights
Know your rights upon arrestSlide24
Rights upon being arrested
…
GENERAL RULE:
WHEN IN DOUBT – SEEK COUNSEL
…
Because
the police must stop asking questions, provide access to telephone, and allow the accused to as many calls as reasonable. This must be conducted in privacy
.Slide25
Rights upon being arrested…
Did you know??
You can
refuse to answer any questions other than
identification
i.e. name, address, occupation,
D.O.B
Rights must be conducted in a manner that is understood
Ex.
(if
intoxicated the person can be
detained
(to stop a person from leaving, or confine someone), then arrested and charged
after
becoming sober or they must provide an interpreter.Slide26
An accused can refuse:
L
ine-up
P
olygraph
B
lood
and bodily fluids,
b
reathalyzer
(except in the case of an impaired driving offence)
It is recommended that the accused seek counsel about refusal. Evidence collected may actually aid in the defence (for example if a murder was committed under the influence of drugs or alcohol, the extent of influence may affect the outcome of the case).Slide27
Rights upon being arrested
…
One Study Found that:
almost 60% of accused persons gave
verbal
statements and
70% gave
written
statements to police
BEFORE
contacting a lawyer. All statements volunteered will be used as evidence against the person.
Why do people make these statements?
Police are good at encouraging people to talk.
P
eople believe they can talk themselves out of a situation.
People think that not talking creates a bad impression. Slide28
Legal Aid
According to the Charter, all Canadian have the “right to retain and instruct counsel without delay” for criminal cases.
If the accused cannot afford a lawyer, he/she can apply for legal aid (legal services provided free of charge. Appointed lawyers are paid for by tax dollars).
The accused should get an estimate of the cost of legal fees prior to trial. Legal Aid is available for those who qualify.
Duty
counsel (court lawyer) assists an accused person who does not have legal representation when he/she first
appears in court. Today, most legal aid must be paid back.
Supreme court judge claims Canadians lack access to justiceSlide29
R. v. Singh, 2007 SCC
Singh was charged with second-degree murder in April 2002 after an innocent bystander was killed by a stray bullet while standing just inside the door of a pub in BC.
Police never found murder weapon or any forensic evidence linking Singh to the shooting. However, he was identified from a police photo lineup by a doorman and a witness who were shown videotape footage of three Indo-Canadian men who had been in the pub earlier that night.
Singh was advised of his section 10b Charter right to counsel and privately consulted with a lawyer. Although Singh invoked his constitutional right to remain silent 18 times, the officer continue to interrogate Singh.
Singh confesses he was in the pub that night, and that he was indeed on the videotape, but never confesses to the murder.
At trial, Singh’s defence lawyer challenged the admissibility of his statements as they infringed on Singh’s Charter rights. Judge admitted the statements believe that the admissions came freely and were not a result of ‘break down’ the accused.
Jury convicted Singh. He appealed his conviction to the BC Court of Appeal (May 2006). Appeal court upheld the trial judgment and affirmed Singh’s conviction.
Singh appeal to SCC (May 2007). In a 5-4n judgment, the SCC upheld the conviction. The 4 judges were very critical of expanding police interrogation powers and lessening an accused person’s right to silence.
Nelson – pg. 163Slide30
R. v. Singh, 2007 SCC
What specific Charter right did Singh argue was violated?
Section 7 (right to life, liberty, and security) – includes the right to remain silent
The SCC stated that the individual has the right to remain silent and that the police were wrong to continue to question Singh after he had invoked his constitutional right. Do you agree? Why/why not?
Agree
:
Police were wrong to continue questioning Singh once he stated his desire to remain silent. The police should have respected his rights and stopped questioning him.
Courts should not consider statements made by the accused that may have been obtained under pressure or stress.
Disagree:
The questions asked after Singh sated his desire to remain silent were proper and should be permitted. Just because he had the right to remain silent does not mean the police officer was not allowed to speak to him.
Singh had the choice whether to provide answer or not. He was not being physically forced or threatened, so his statement were voluntary. He gave up his right to remain silence by answering the police officer’s questions.
Nelson – pg. 163Slide31
Rights on Being Detained
Section 9 of the Charter states that everyone has the right not to be arbitrarily detained or imprisoned.
In Summary – a person cannot be stopped, held for questioning, arrested, or put in jail unless the police have a good reason to do so.
Detention
occurs when a person is stopped by someone, and submits or
agrees
in the deprivation of liberty and reasonably believes that the choice to do otherwise does not exist
.
Should lead quickly to arrest or free to go.
Being detained usually is conducted by a police officer or it can be done by a security guard
R
easons
must be given for
detainment
Cant be: stopped, held for questioning, arrested, or put in jail
unless police have good reason
Note – police are allowed to stop drivers
If detained (stopped and not arrested) you do not have to answer any questions – you can keep walking
A
dvised
of counselSlide32
Rights on Being Detained – cont’d
If you have been illegally detained,
File a complaint
File a wrongful detention suit
Use as much force as necessary
Vancouver Police Officer Punch Man in FaceSlide33
Cooperating With Police
An
informed and responsible citizen may want to cooperate with police
It
often shows innocence by volunteering information
It
can save time and moneySlide34
Read Case: R v. Dillion
Pg. 161 in Nelson Textbook
After reading the case…
What
do you think the court decided? Explain.Slide35
R. v. Dillon, 2006
In March 2005, two Toronto police officers became suspicious of a car they saw in the parking lot of a bar (known to police as a frequent trouble spot).
Officers stopped to investigate and found the accused, Duane Dillon, sitting in the driver’s seat with the engine running and car lights on. Officers pulled in behind his car, block it from leaving until they could determine the driver’s sobriety.
After talking to Dillon and seeing his red, bloodshot eyes, the officers believed that he was intoxicated. They arrested him for impaired care and control of a motor vehicle.
As an incident to the arrest, officers searched the vehicle and found large quantities of cocaine, marijuana, crack cocaine and a small digital scale.
Later on at police station, Dillon provided breath samples. Breathalyzer reading were 108 and 105 milligrams. He was charged with possession of cocaine for the purpose of trafficking, and care and control of a motor vehicle with a blood/alcohol concentration of more than 80 milligrams of alcohol per 100 milligrams.
At trial in the Superior Court of Justice in late November 2005, the accused argued that his section 9 Charter rights were violated. The evidence seized and the Breathalyzer should be excluded from trial.
What do you think the court decided? Explain.
Nelson pg. 161Slide36
R. v. Dillon, 2006
Court’s Ruling:
Court decided that the detention of the accused, which was seen to have occurred at the time that the police blocked the accused’s car, was lawful and did not breach section 9 (the right not to be arbitrarily detained or imprisoned) of the Charter.
The police court considered the factors given by the police to support the detention, including the fact that the bar had along history as a trouble spot for impaired drivers and therefore held that the police had valid reasons to detain the accused.
Since there was no breach of Charter rights, the evidence was admissible.
Nelson pg. 161Slide37
Review your understanding…
Identify 2 legal rights of an accused on arrest
Identify 2 legal rights of an accused upon detention