PRESENTATION NAMEPRESENTATION NAMEArrest and DetentionArrest and Detention

Arrest and DetentionArrest and Detention

• Depending on the amount of physical evidence Depending on the amount of physical evidence collected, the police may make an arrest either collected, the police may make an arrest either before or after questioningbefore or after questioning

• Procedures for dealing with suspects have been Procedures for dealing with suspects have been codified (written down) in the codified (written down) in the Criminal CodeCriminal Code, , developed through case law and entrenched in developed through case law and entrenched in the the Charter of Rights and FreedomsCharter of Rights and Freedoms

• If the police do not follow the established If the police do not follow the established procedures, they risk having the case fall apart procedures, they risk having the case fall apart later in court because evidence obtained later in court because evidence obtained improperly may be considered inadmissibleimproperly may be considered inadmissible

Questioning the Questioning the AccusedAccused• Police officers are required to ask suspects Police officers are required to ask suspects

questions as they investigate a crimequestions as they investigate a crime• They cannot, however, They cannot, however, forceforce a suspect to a suspect to

answer their questionsanswer their questions• Under the Under the Charter of Rights and FreedomsCharter of Rights and Freedoms

people have the right to remain silentpeople have the right to remain silent• Police are required by law to promptly inform Police are required by law to promptly inform

arrested persons of the reason for their arrest arrested persons of the reason for their arrest and of their right to council (to speak with a and of their right to council (to speak with a lawyer)lawyer)

• After an arrested person has been informed of After an arrested person has been informed of his/her rights, anything he/she says or puts in his/her rights, anything he/she says or puts in writing can be used against them in courtwriting can be used against them in court

Interrogation TechniquesInterrogation Techniques

Interrogation Interrogation TechniquesTechniques• The primary goal is to obtain the truthThe primary goal is to obtain the truth• The best way to accomplish this goal is to The best way to accomplish this goal is to

develop a trusting relationship with the develop a trusting relationship with the suspectsuspect

• At the beginning of the questioning process At the beginning of the questioning process the police use open-ended, non-threatening the police use open-ended, non-threatening questions, such as “Tell me what happened”questions, such as “Tell me what happened”

• Later investigators ask closed questions Later investigators ask closed questions such as “What time did you leave your such as “What time did you leave your house?” – These questions are designed to house?” – These questions are designed to elicit specific answerselicit specific answers

Interrogation TechniquesInterrogation Techniques• Most of the time, police use a four-Most of the time, police use a four-

stage approach in the interrogation stage approach in the interrogation processprocess

• They ask the process to describeThey ask the process to describe1.1. The entire incidentThe entire incident2.2. The period before the offence took placeThe period before the offence took place3.3. The details of the actual offenceThe details of the actual offence4.4. The period following the offenceThe period following the offence

ArrestArrest• Arrest:Arrest: legally depriving someone of liberty legally depriving someone of liberty

by seizing or touching the person to indicate by seizing or touching the person to indicate that he or she is in custodythat he or she is in custody

• In order for an arrest to be lawful, the In order for an arrest to be lawful, the arresting officer must follow these four steps:arresting officer must follow these four steps:

1.1. Identify himself/herself as a police officerIdentify himself/herself as a police officer2.2. Advise the accused that he/she is under arrestAdvise the accused that he/she is under arrest3.3. Inform the accused promptly of the charge and Inform the accused promptly of the charge and

show an arrest warrant if one has been obtainedshow an arrest warrant if one has been obtained4.4. Touch the accused to indicate that he/she is in Touch the accused to indicate that he/she is in

legal custodylegal custody

DetentionDetention• DetentionDetention: Legally depriving a : Legally depriving a

person of liberty for the purpose of person of liberty for the purpose of asking questions, with or without asking questions, with or without physical restraintphysical restraint

• People detained by police must be People detained by police must be promptly informed of the reasons for promptly informed of the reasons for the detention and of their right to the detention and of their right to retain counselretain counsel

ExampleExample• Francis fits the description given by an Francis fits the description given by an

assault victimassault victim• Police ask him to accompany them to the Police ask him to accompany them to the

station for questioningstation for questioning• Francis asks if he has to, police say yesFrancis asks if he has to, police say yes• He agrees – this is detentionHe agrees – this is detention• If he doesn’t agree, the police can place If he doesn’t agree, the police can place

him under arrest and take him to the him under arrest and take him to the station against his willstation against his will

Arrest with a WarrantArrest with a Warrant• If the police have reasonable grounds If the police have reasonable grounds

to think that someone accused of a to think that someone accused of a serious indictable offence will serious indictable offence will not not appear in court willingly, they can appear in court willingly, they can obtain an arrest warrantobtain an arrest warrant

•Arrest warrant:Arrest warrant: a written court order, a written court order, directing the arrest of the suspectdirecting the arrest of the suspect

• The warrant provides the name of the The warrant provides the name of the accused, the offence the person is accused, the offence the person is charged with, and the reason for the charged with, and the reason for the warrantwarrant

Arrest Without a WarrantArrest Without a Warrant• According to the According to the Criminal CodeCriminal Code there are there are

three circumstances where the police may three circumstances where the police may arrest suspects without a warrant:arrest suspects without a warrant:

1.1. They have reasonable grounds to suspect a person has They have reasonable grounds to suspect a person has either committed an indictable offence or is about to either committed an indictable offence or is about to commit onecommit one

2.2. They find a person in the act of committing a criminal They find a person in the act of committing a criminal offenceoffence

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

• This is extended to all peace officers This is extended to all peace officers including mayors, prison guards, customs including mayors, prison guards, customs officers, aircraft pilots, and fisheries officersofficers, aircraft pilots, and fisheries officers

Citizen’s ArrestCitizen’s Arrest• Citizen’s Arrest:Citizen’s Arrest: an arrest without a an arrest without a

warrant by any person other than a peace warrant by any person other than a peace officerofficer

• The most common form of citizen’s arrest The most common form of citizen’s arrest involves incidents of shopliftinginvolves incidents of shoplifting

• Immediately after the citizen’s arrest has Immediately after the citizen’s arrest has been made, the suspect must be turned been made, the suspect must be turned over to a peace officerover to a peace officer

• Citizen’s arrests are rare – many people Citizen’s arrests are rare – many people are afraid they will be sued for false arrest are afraid they will be sued for false arrest or injured in a fightor injured in a fight

Criminal Code and Citizen’s Criminal Code and Citizen’s ArrestArrest• Anyone may arrest without a warrantAnyone may arrest without a warrant

– A person whom he finds committing an indictable A person whom he finds committing an indictable offence, oroffence, or

– A person who, on reasonable grounds, he believesA person who, on reasonable grounds, he believes• Has committed a criminal offence, andHas committed a criminal offence, and• Is escaping from and freshly pursued by persons who Is escaping from and freshly pursued by persons who

have lawful authority to arrest that personhave lawful authority to arrest that person• Anyone who isAnyone who is

– The owner or a person in lawful possession of The owner or a person in lawful possession of property, orproperty, or

– A person authorized by the owner or by a person A person authorized by the owner or by a person in lawful possession of property may arrest in lawful possession of property may arrest without warrant a person whom he finds without warrant a person whom he finds committing a criminal offence on or in relation to committing a criminal offence on or in relation to that propertythat property

SearchesSearches• Because the law seeks to balance the Because the law seeks to balance the

individual’s right to privacy with the individual’s right to privacy with the state’s need to conduct a thorough state’s need to conduct a thorough investigation, both statute and common investigation, both statute and common law carefully explain at what point the law carefully explain at what point the police may conduct searches and the police may conduct searches and the kind of evidence they may collectkind of evidence they may collect

• Generally the police have to obtain a Generally the police have to obtain a warrant before conducting a search, but warrant before conducting a search, but there are important exceptions to this there are important exceptions to this rulerule

Searching a PersonSearching a Person• The police do The police do not not have to obtain a warrant to have to obtain a warrant to

search a person they have just arrested. search a person they have just arrested. • But, the police have to satisfy three But, the police have to satisfy three

conditions for this exception to be legal:conditions for this exception to be legal:• The arrest must be lawfulThe arrest must be lawful• The search must be connected to the lawful arrestThe search must be connected to the lawful arrest• The manner in which the search is carried out must be The manner in which the search is carried out must be

reasonablereasonable• Except in the case of impaired driving an Except in the case of impaired driving an

arrested person does not have to supply the arrested person does not have to supply the police with breath, blood or urine samplespolice with breath, blood or urine samples

““Pat down”Pat down”• In most cases, to In most cases, to

ensure that the ensure that the arrested person is not arrested person is not carrying weapons or carrying weapons or concealing evidence, concealing evidence, the police will do a the police will do a cursory search or “pat cursory search or “pat down” immediately down” immediately after the arrestafter the arrest

• A more thorough A more thorough search may take search may take place at the police place at the police stationstation

Strip Search?Strip Search?• The practice of strip-searches, even those The practice of strip-searches, even those

arrested for non-violent crimes has been arrested for non-violent crimes has been fairly common in Canadafairly common in Canada

• The Supreme Court placed limits on strip The Supreme Court placed limits on strip searches laying down strict guidelines for searches laying down strict guidelines for when and how they must be conductedwhen and how they must be conducted

• Strip searches can only be conducted whenStrip searches can only be conducted when– Police have reason to believe the accused is Police have reason to believe the accused is

concealing a weapon, drugs or other evidenceconcealing a weapon, drugs or other evidence– The search is authorized by a senior officerThe search is authorized by a senior officer– The search is done by an officer of the same The search is done by an officer of the same

sex, andsex, and– Searches of body cavities are done only by Searches of body cavities are done only by

medical personnelmedical personnel

Searching a PlaceSearching a Place• In most cases, police must obtain a warrant In most cases, police must obtain a warrant

before searching places such as a before searching places such as a residence, an office, or a storage arearesidence, an office, or a storage area

• Search WarrantSearch Warrant: a court document that : a court document that gives police the right to search a specific gives police the right to search a specific locationlocation

• In cases where the police believe they must In cases where the police believe they must act quickly to preserve evidence, they may act quickly to preserve evidence, they may obtain a telewarrant to search the premesisobtain a telewarrant to search the premesis

• Telewarrant:Telewarrant: a search warrant obtained by a search warrant obtained by phone or faxphone or fax

Searching without a Searching without a WarrantWarrant

A search warrant is almost always A search warrant is almost always required if the police wish to search a required if the police wish to search a private homeprivate home

Two exceptions apply where pressing Two exceptions apply where pressing circumstances make it difficult to circumstances make it difficult to obtain a warrant in timeobtain a warrant in time Police must have reasonable grounds to Police must have reasonable grounds to

believe that entering the dwelling is believe that entering the dwelling is necessary to preventnecessary to prevent

Imminent injury or death to any person, orImminent injury or death to any person, or The destruction of evidence relating to an The destruction of evidence relating to an

indictable offenceindictable offence