FEDERAL POWERS – PSRV16017
STUDENT STUDY GUIDE – WEEKS 6 & 7
WEEKS 6 & 7
Steps to Making an Arrest
Common Law authority to search upon arrest
Laying an Information/Charging an Offender
STEPS TO MAKING AN ARREST
Tell them they are under arrest
Touch (take control) how much force i use. Strugle. Some people dont want to arrest.
Tell them why
advise of rights to counsel , page 92
COMMON LAW AUTHORITY TO SEARCH – Incident to Arrest
After a lawful arrest you may search for items of:
Injury, keys injured someone
You shall not use this authority to search as a means of intimidation, ridicule or pressure the accused to obtain a confession.
You may search the person and immediate surrounding area of the place where the accused was arrested. (sometimes described as arms-length)
Notes citizen of arrest- reasonable justified. Should officer follow the six step to take under arrest.
S. 497. CC (dealing with all summary/Dual offences, a few indictable offences)
SHALL Release from custody as soon as practicable.
On an appearance notice or with intention to summons.
Unless P.R.I.C.E. (RICE and 4 P’s) is not met.
PRICE S. 497. CC Officer SHALL
Public Interest (4p's)
> PUBLIC INTEREST (4 P’s) Protect life and property Protect the public Protect the suspect Prevent a breach of the the peace
Note: A person in custody can always be released at any time unconditionally, if no charges will be laid.
Unconditional release free walk away
Protect life and property is the likelyhood of danger to any person or property if the suspect is released. is there likelyhood of danger to the public in general?
Could the suspect the harmed if released?
ARREST > RELEASE > CHARGE