WDW101Y1 Lecture Notes - Narcotic Control Act, Pubic Hair, Police Misconduct
9 Feb 2013
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Document Summary
Arrest powers are in the criminal code. Police can get a warrant if they have rpg. Police can arrest without a warrant if the have rpg -- criteria in s. 494 or s. 495: rpg that someone has committed an offence (in the past already committed) Powers of private citizens to arrest (without a warrant) are more limited. All the powers of arrest are codified: no common laws of powers of arrest anymore, have the say the words, and give you your rights. Physical or psychological restraint short of arrest. Police need articulable cause / reasonable grounds to suspect . They have the right to physically detain you. The police engage you in conversation, that you leads to feel like you have no choice but to play along (physically or psychologically detain you: you never have an obligation to stay or talk to the police. Waterfield test r. v. clayton and farmer.
