Arrest Procedure and Search and Seizure

• Law
• Secondary Education

Arrest Procedure and Search and Seizure

Making a Lawful Arrest

5 Steps of a Lawful Arrest

1. Officer must identify him/herself

2. Officer must state the reason the person is being arrested

3. Officer gives 'police cautioin one'- the right to remain silent

4. The Officer gives 'police caution two'- the right to a lawyer

5. Officer makes some sort of physical contact ie putting on handcuffs, to indicate that the suspect is now in custody

 If the police have a warrant to search for a stolen vehicle, can they search in dresser drawers? 

Sample Warrant

https:

If the police have a warrant to search for and seize stolen stereo equipment, can they seize expensive looking tools they find in the house?

If the police have a warrant to search for and seize illegal guns and find cocaine sitting on the kitchen table can they seize the cocaine?

The police are executing a search warrant on your home and find a stolen tv that was listed on the warrant in your bedroom. Can they now search your pockets? 

Once they police have found the stolen property, they will place the person under arrest. Once a person is under arrest, the police can conduct a 'search incident to arrest'. This is a limited search, mostly for the purposes of finding weapons on the person, which could be in a pocket. 

Quiz!

On the next slide, there is a 'Spot the Lawful Stop' quiz. It is American, but all of the main elements are the same as Canadian law. Give it a try to test your understanding.

https: