Arrest When police place someone under arrest they

Arrest

� 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

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.

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 arrest

Three options are available in the apprehension and charging of a suspect:

1) Appearance Notice � 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. Civil Court Notice of Appearance

2) Arrest �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

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. )

3) Warrant for Arrest �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

Summons: �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 France summons US ambassador Germany summons US ambassador

Warrant: � 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: http: //www. niagarafallsreview. ca/2012/11/02/bustin g-a-billion-dollar-drug-ring