CHAPTER 5 INVESTIGATION ARREST BRINGING THE ACCUSED TO

CHAPTER 5: INVESTIGATION, ARREST, & BRINGING THE ACCUSED TO TRIAL

LIMITS ON POLICE BEHAVIOUR • Police have power, but that power is limited • Key terms in limiting the power that police can wield are: reasonable and probable grounds • Keep police objective/free from bias • If they abuse their power, courts may deem otherwise legitimate evidence as inadmissible

PART 1: ARREST • One of the primary roles of police officers • 3 types for police officers • 1 type for ordinary citizens • Many rules govern how/when/why someone can be arrested • Why are there so many rules?

APPEARANCE NOTICE • Legal document stating the criminal charge & court date • Usually done for summary convictions, lesser indictable offences • Only done if officer believes the accused will actually appear in court • Officer will swear an information that a crime was committed – considered the basis of the crime

ARRESTING THE SUSPECT • Most well known form of arrest • Arrest requires no warrant as long as officer has reasonable grounds to believe a crime was committed/will be committed • Process of arrest must be done properly to ensure the rights of the suspect are not infringed upon

ARRESTING THE SUSPECT STEPS 1. Notice an Arrest: self-identity, “I am Officer [insert cop name]. ” 2. Advise the Suspect They Are Under Arrest: “I am arresting you [their name], for [crime]. ” 3. Caution 1 - Right to Counsel (Lawyer) 4. Caution 2 - Right to Silence 5. Physical Touch to Signify Arrest (Handcuffs part) If the suspect resists arrest, the officer is allowed to use “as much force as necessary”

ARREST LEADING TO DEADLY FORCE • Police officers are allowed to use deadly force in the following circumstances: 1. Behaviour of suspect might cause harm or death to others 2. The suspect flees to escape arrest 3. There are no alternative means to prevent escape

WARRANT FOR ARREST • Done if the accused cannot be found • Police get a summons from a justice of the peace • A summons will be delivered directly to the accused • If accused must be apprehended, judge will issue an arrest warrant • Both documents depend on evidence provided by officer

CITIZEN’S ARREST • A regular citizen can make an arrest if they witness a crime and a suspect • The belief must be reasonable • Arresting citizen must use reasonable force and turn the suspect over to police as soon as possible • Must inform the suspect that they are being arrested • Arresting citizen can be sued if they act in an