Essay on Federal Powers Review Student Guide

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SHERIDAN COLLEGE
FEDERAL POWERS – PSRV16017
STUDENT STUDY GUIDE – WEEKS 6 & 7
WEEKS 6 & 7
> AGENDA

Review
Arrest continued..............
Steps to Making an Arrest
Common Law authority to search upon arrest
Release
Laying an Information/Charging an Offender

STEPS TO MAKING AN ARREST

identify yourself

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

Ensure understanding

Notes

COMMON LAW AUTHORITY TO SEARCH – Incident to Arrest

After a lawful arrest you may search for items of:

Evidence

Injury, keys injured someone

Escape

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.

AFTER 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.

Notes
PRICE S. 497. CC Officer SHALL

PRICE
Public Interest (4p's)
Repetitionor continuance
Identity
Court
Evidence

> PUBLIC INTEREST (4 P’s) Protect life and property Protect the public Protect the suspect Prevent a breach of the the peace

Unconditional Release
Note: A person in custody can always be released at any time unconditionally, if no charges will be laid.

Notes
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
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