ARRESTS

Definition. An arrest is taking a person into custody, in a case and in the manner authorised by law.

Probable Cause for Arrest.

Definition

• A set of facts that would cause a person of ordinary care and prudence to entertain an honest and strong belief that the person to be arrested is guilty of a crime.

• Must exist before an arrest is made and is based on the totality of the circumstances.

• Facts required to establish probable cause may include, but are not limited to:

  • • Direct investigation or reports

    • Circumstantial evidence

    • Second-hand statements from reliable sources

Reasonable Suspicion vs Probable Cause

• Possible influence of alcohol / drugs (Reas. Susp) vs Illegal level intoxication (Prob Cause)

• Actions/words/demeanor during detention (Reas. Susp) vs Self incrimination, contraband (Prob Cause)

• Erratic driving vs DUI, contraband

• Pat search for weapons vs Possession of weapons, contraband

• Possible connection to burglary vs Discovery of stolen property

Individual officer's expertise and specialised training can determine probable cause and can differ among officers.

Elements of a Lawful Arrest

Peace Officer Authority to Arrest

• Officers may make an arrest:

  • • Pursuant to a warrant

    • Without a warrant

      • • Whenever they have probable cause to believe the person committed a felony or misdemeanor in their presence;

        • When the person committed a felony, although not in the officer's presence;

        • Whenever they have probable cause to believe the person has committed a felony, whether or not a felony has in fact been committed.

In Officer's Presence

• Includes officer's senses, such as hearing, sight, and smell

• Senses can be enhanced with tools:

  • • Binoculars;

    • Dogs;

    • Flashlights;

    • Telephone;

    • US Supreme Court has ruled some use of thermal imaging constitute a search

Information required at time of arrest

• 3 things are required to be conveyed to the arrestee at the time of the arrest:

  • 1. Intent - Must tell the individual that he or she is being arrested

    2. Cause - Must state the reason for the arrest

    3. Authority:

       • 1. A non-uniformed officer must show identification

         2. A uniformed officer and/or marked car satisfies this requirement

         3. A private person must state his or authority to make the arrest

• Two situations where arresting person does not need to communicate the three are when the suspect is:

  • 1. Actually committing the offence

    2. Attempting to escape