Durham Regional Police Directive ARREST AND WARRANT APPLIED FOR LE

Transcription

1 Durham Regional Police Directive ARREST AND WARRANT APPLIED FOR LE Priority: 1 Adequacy Standard: Related Directive(s): E-Form(s): Attachment(s): Glossary: LE-005.pdf PRISONER CARE and CONTROL SEARCH of PERSONS CROWN BRIEFS POLICE USE OF FORCE SEARCH of PREMISES and WARRANTS RELEASE OF ACCUSED EMOTIONALLY DISTURBED PERSONS and ATTEMPTED SUICIDE Directive Revision Request Form Warrant Applied For CPIC Entry Form Arrest Right to Counsel Caution YCJA Use of Force Report Arrest Right to Counsel Caution Adult ARREST Checklist - First Responding Officer.pdf CERTIFICATION OF AFFIDAVITS.pdf CERTIFICATION OF DOCUMENTS.pdf STANDARD CAUTION.pdf A-Z Effective Date: Sep Last Revision Date: Last Review Date: Person Responsible for Re- Evaluation: Jun Jun Superintendent, Crime Management DRPS Directive 1. TABLE OF CONTENTS POLICY 2. RELEVANT LEGISLATION: 3. RELEVANT CASES: 4. RELEVANT FORMS FOR CRIMINAL CODE OFFENCES: 5. PURPOSE: 6. RE-EVALUATION: 7. REPORTING AND AUDITING: 8. AUTHORITIES AND RESPONSIBILITIES: 9. ARREST PERSON: 10. ARREST POWERS WITHOUT A WARRANT: 11. SEARCHES: 12. USE OF FORCE: 13. WARRANT APPLIED FOR: 14. WARRANTS: CONDITIONS: 15. WARRANTS: PROCESS: 16. WARRANTLESS ENTRIES: 17. ARRESTED PERSONS: HEALTH: 18. ARRESTED PERSONS: RELEASE: 19. CANADA-WIDE WARRANTS: RELEASE: 20. CANADIAN BORDER SERVICES AGENCY: PROCEDURE 21. ARRESTING A PERSON: 22. ARRESTING A YOUTH: 23. ARRESTING A PERSON RELEASED ON BAIL: 24. ARREST REPORT: 25. EXECUTION OF WARRANTS: PERSON ON SCENE: 26. EXECUTION OF WARRANTS: PERSON NOT ON SCENE: 27. EXECUTION OF WARRANTS: LAST KNOWN ADDRESS: 28. OBTAINING WARRANTS: DWELLING: 29. ENTRY INTO A DWELLING: 30. EXIGENT CIRCUMSTANCES: WARRANT APPLIED

2 FOR: 31. V MAIL: 32. OBTAINING A CANADA-WIDE WARRANT: 33. PERSON ARRESTED OUT OF PROVINCE ON A CANADA-WIDE WARRANT: 34. HOLDING A PERSON ON CANADA-WIDE WARRANT: Policy 2. RELEVANT LEGISLATION: 2.1. Criminal Code Arrests (Civilians) Section 494 (1) states: "Anyone may arrest without warrant: a. a person whom he finds committing an indictable offence; or b. a person who, on reasonable grounds, he believes I. has committed a criminal offence, and II. is escaping from and freshly pursued by persons who have lawful authority to arrest that person" Section 494 (2) states that anyone may arrest without warrant a person whom they find committing a criminal offence on or in relation to that property, if the person is: a. The owner or a person in lawful possession of property, or b. A person authorized by the owner or by a person in lawful possession of property Section 494 (3) states: "Anyone other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer" Criminal Code Arrests (Officers) Section 495. (1) states: "A peace officer may arrest without warrant a. a person who has committed an indictable offence or who, on reasonable grounds, the peace officer believes has committed or is about to commit an indictable offence. b. a person whom he finds committing a criminal offence; or c. a person, in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found" Section 495. (2) states: "A peace officer shall not arrest a person without warrant for: a. an indictable offence mentioned in section 553, b. an offence for which the person may be prosecuted by indictment or for which he is punishable on summary conviction, or

3 c. an offence punishable on summary conviction, in any case where d. he believes on reasonable grounds that the public interest, having regard to all the circumstances including the need to I. establish the identity of the person, II. secure or preserve evidence of or relating to the offence, or III. prevent the continuation or repetition of the offence or the commission of another offence, may be satisfied without so arresting the person, and a. he has no reasonable grounds to believe that, if he does not so arrest the person, the person will fail to attend court in order to be dealt with according to law." Section 496 states: "Where, by virtue of subsection 495(2), a peace officer does not arrest a person, he may issue an appearance notice to the person if the offence is a. an indictable offence mentioned in section 553; b. an offence for which the person may be prosecuted by indictment or for which he is punishable on summary conviction; or c. an offence punishable on summary conviction." 2.3. Criminal Code Release from Custody Section 497 (1) states: "Subject to subsection (1.1), if a peace officer arrests a person without warrant for an offence described in paragraph 496(a), (b) or (c), the peace officer shall, as soon as practicable, a. release the person from custody with the intention of compelling their appearance by way of summons; or b. issue an appearance notice to the person and then release them." Section 497 (1.1) states: "A peace officer shall not release a person under subsection (1) if the peace officer believes, on reasonable grounds, a. that it is necessary in the public interest that the person be detained in custody or that the matter of their release from custody be dealt with under another provision of this Part, having regard to all the circumstances including the need to I. establish the identity of the person, II. secure or preserve evidence of or relating to the offence, III. prevent the continuation or repetition of the offence or the commission of another offence, or IV. ensure the safety and security of any victim of or witness to the offence; or

4 b. that if the person is released from custody, the person will fail to attend court in order to be dealt with according to law." 2.4. Criminal Code Warrants Section 499 establishes the release from custody by the officer in charge where the arrest was made with an endorsed warrant. a. This section authorizes a release by way of: I. PTA II. Recognizance III. Undertaking b. This section does not authorize a release by way of: I. Appearance notice Section establishes a "stand alone" warrant that authorizes a peace officer "to enter a dwelling-house described in the warrant for the purpose of arresting or apprehending a person identified or identifiable by the warrant if the judge or justice is satisfied by information on oath that there are reasonable grounds to believe that the persons is or will be present in the dwelling and that: a. a warrant [under the Criminal Code] or any other Act of Parliament to arrest or apprehend the person is in force anywhere in Canada b. grounds existing to arrest the person without warrant under paragraph 495(1)(a) or (b) or section [of the Criminal Code]. c. grounds existing to arrest or apprehend without warrant the person under an Act of Parliament other than [the Criminal Code]." Section provides entry into a dwelling-house without warrant if an officer has reasonable grounds to believe that the person to be arrested / apprehended is present in the dwelling-house, and the conditions for obtaining a warrant under section of the Criminal Code exist, but by reason of exigent circumstances it would be impracticable to obtain a warrant Criminal Code Judicial Interim Release Section 524 (2) states: "Notwithstanding anything in this Act, a peace officer who believes on reasonable grounds that an accused: a. has contravened or is about to contravene any summons, appearance notice, PTA, undertaking or recognizance that was issued or given to him or entered into by him, or b. has committed an indictable offence after any summons, appearance notice, PTA, undertaking or recognizance was issued or given to him or entered into by him, may arrest the accused without warrant".

5 Section 145 applies no charges unless a judge or justice has confirmed the PTA, recognizance, or undertaking. The arrest is still valid and the arrestee is held for a reverse onus bail hearing Criminal Code Breach of the Peace Section 30 states "Everyone who witnesses a breach of the peace is justified in interfering to prevent the continuance or renewal thereof and may detain any person who commits or is about to join in or to renew the breach of the peace, for the purpose of giving him into the custody of a peace officer, if he uses no more force than is reasonably necessary to prevent the continuance or renewal of the breach of the peace or than is reasonably proportioned to the danger to be apprehended from the continuance or renewal of the breach of the peace." 2.7. Canadian Charter of Rights and Freedoms Section 8 states: "Everyone has the right to be secure against unreasonable search or seizure" Youth Criminal Justice Act (YCJA) Section 2 states: "young person means a persons who is or, in the absence of evidence to the contrary, appears to be twelve years old or older, but less than eighteen years old" Section 25 (1) states: "A young person has the right to retain and instruct counsel without delay, and to exercise that right personally, at any stage of proceedings against the young person and before and during any consideration of whether, instead of starting or continuing judicial proceedings against the young person under this Act, to use an extrajudicial sanction to deal with the young person" Highway Traffic Act (HTA) Section 217 (2) states: "Any police officer who, on reasonable and probable grounds, believes that a contravention of any of the provisions of subsection 9(1), subsection 12(1), subsection 13(1), subsection 33(3), subsection 47(5), (6), (7) or (8), section 51, 53, subsection 106(8.2), section 130, 172, or 184, subsection 185(3), clause 200(1)(a) or subsection 216(1) has been committed, may arrest, without warrant, the person he or she believes committed the contravention" Section 217 (3.1) states: "A police officer who believes on reasonable and probable grounds that a person has contravened subsection 177(2) (soliciting rides or business from drivers) may arrest the person without warrant if, a. before the alleged contravention of subsection 177 (2), the police officer directed the person not to engage in activity that contravenes that subsection; or b. the police officer believes on reasonable and probable grounds that it is necessary to arrest the person without warrant in order to establish the identity of the person or to prevent the person from continuing or repeating the contravention."

6 2.10. Corrections and Conditional Release Act (CCRA) Section allows a peace officer to arrest without warrant an offender who has committed a breach of a condition of their parole, statutory release or unescorted temporary absence, or whom the peace officer finds committing such a breach. a. This section states: "A peace officer may arrest without warrant an offender who has committed a breach of a condition of their parole, statutory release or unescorted temporary absence, or whom the peace officer finds committing such a breach, unless the peace officer; I. believes on reasonable grounds that the public interest may be satisfied without arresting the person, having regard to all the circumstances including the need to II. establish the identity of the person, or III. prevent the continuation or repetition of the breach; and IV. does not believe on reasonable grounds that the person will fail to report to their parole supervisor in order to be dealt with according to law if the peace officer does not arrest the person." Liquor License Act (LLA) Section 48 states: "If a police officer finds a person apparently in contravention of this Act or apparently in contravention of a prescribed provision of the regulations and the person refuses to give his or her name and address or there are reasonable grounds to believe that the name or address given is false, the police officer may arrest the person without warrant." Section 31 (5) states: "A police officer may arrest without warrant any person who is intoxicated in a public place (includes any part of a residence that is used in common by persons occupying more than one dwelling in the residence) where in the opinion of the officer it is necessary to do so for the safety of any person." Trespass to Property Act Police Officers Section 10 states: "Where a police officer believes on reasonable and probable grounds that a person has been in contravention of section 2 and has made fresh departure from the premises, and the person refuses to give his name and address, or there are reasonable and probable grounds to believe that the name or address given is false, the police officer may arrest the person without a warrant." Trespass to Property Act Civilians The following sections give civilians (for example, security guards), specific powers of arrest on private property Section 9 (1) states: "A police officer, or the occupier of the premises, or a person authorized by the occupier may arrest without warrant any person he believes on reasonable grounds to be on the premises in contravention of section 2."

7 Section 2 (1) states: "Every person who is not acting under a right or authority conferred by law and who, without the express permission of the occupier, the proof of which rests on the defendant, enters on the premises when entry is prohibited under this Act, or engages in an activity on the premises when the activity is prohibited under this Act, or does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier is guilty of an offence." Motorized Snow Vehicles Act Section 16 (5) states: "Every police officer, constable, or conservation officer, who, on reasonable and probable grounds, believes that a contravention of subsection 3, (fails to stop and give his name and address or gives false information to a police officer), or 4, (fails to stop and give his name and address or gives false information to owner or occupier), has been committed, may arrest without warrant any person whom the police officer, constable, or conservation officer on reasonable and probable grounds believes has committed the contravention." Off-Road Vehicles Act Section 17 (5) states: "A police officer, who on reasonable and probable grounds believes that a contravention of subsection 3, (fails to stop and give name and address or gives false information to police officer), or 4, (fails to stop and give name and address or gives false information to owner or occupier), may arrest without warrant any person whom he or she on reasonable and probable grounds believes has committed the contravention." Provincial Offences Act (POA) Civilians The following section gives civilians specific powers of arrest when assisting a police officer who is attempting to arrest a suspect Section 145 states: "Any person may arrest without warrant a person who he or she has reasonable and probable grounds to believe has committed an offence and is escaping from and freshly pursued by a police officer who has lawful authority to arrest that person, and, where the person who makes the arrest is not a police officer, shall forthwith deliver the person arrested to a police officer." Canada Customs Act Effective May 12, 1998, this Act grants powers to CBSA "designated" border services officers to arrest individuals suspected of committing or having committed Criminal Code offences. 3. RELEVANT CASES 3.1. Cloutier v Langlois It was held by the Supreme Court of Canada that once under lawful arrest, it is within the discretion of the police whether to perform a search R. v Golub

8 It was held that the area specific to the arrest, that is, the area reasonably within reach of the arrested subject, can also be searched, even in a residence, and seize any items The lawful arrest of a person, followed by the search and seizure of items from or near the person, does not infringe on the provisions found in section 8 of the Canadian Charter of Rights and Freedoms R. v Feeney It was held by the majority judgment in the Supreme Court of Canada that in the case of fresh pursuit, it is a legitimate basis for a warrantless entry of a dwelling house. 4. RELEVANT FORMS FOR CRIMINAL CODE OFFENCES 4.1. FORM 6 Summons to a Person Charged with an Offence (summons) FORM 9 Appearance Notice Issued by a Peace Officer to a Person not yet Charged with an Offence (appearance notice) FORM 10 Promise to Appear (PTA) FORM 11 Recognizance Entered into Before an Officer in Charge or Other Peace Officer (recognizance) FORM 11.1 Undertaking Given to a Peace Officer or an Officer in Charge (undertaking). 5. PURPOSE 5.1 This directive details the lawful authorities, responsibilities and procedures required for Durham Regional Police Service (DRPS) officers in obtaining warrant(s) to arrest and the arrest of all persons to be taken into custody for processing. 6. RE-EVALUATION 6.1. This directive will be reviewed annually and updated as necessary. 7. REPORTING AND AUDITING 7.1. There are no reporting requirements within this directive There are no auditing requirements within this directive.

9 8. AUTHORITIES AND RESPONSIBILITIES This directive establishes the following responsibilities: 8.1. The arresting officer is responsible for: Notifying the Offender Management Unit whenever a parolee is arrested Notifying the parole officer, as noted on Canadian Police Information Centre (CPIC), whenever a federal parolee is arrested for a criminal offence during regular business hours, advising of the circumstances of the arrest Contacting the "National Monitoring Centre" at , whenever a federal parolee is arrested outside regular business hours, advising of the circumstances of the arrest Notifying the parole officer, as noted on CPIC, whenever a provincial parolee is arrested for a criminal offence during regular business hours, advising of the circumstances of the arrest Paging the provincial parole "On call Manager" at whenever a provincial parolee is arrested outside regular business hours a. When contacted advised of the circumstances of the arrest V-mailing CPIC with the necessary information to ensure the CPIC entry is removed once the accused is arrested. This directive establishes the following authorities: 8.2. A police officer has the authority to: After a lawful arrest, to search the person and seize anything found on their person: a. For the protection of the police and public. b. To prevent the arrestee from escaping c. To preserve evidence Arrest anyone who is seen to be continuing, or who is about to join in or renew a breach of the peace (reference section 30 of the Criminal Code) Refer to section 3. RELEVANT CASES for an explanation as to the origin of the above authority. 9. ARREST OF PERSON 9.1. Two ways an arrest is effected: a. Physically take or hold suspect (touching suspect with least amount of force necessary).

10 b. Suspect freely submits to arrest The moment of arrest is when: a. Suspect, loses their right to resist (i.e., resistance to the arrest is an unlawful assault). b. Suspect is handcuffed (rear), in accordance with 'use of force" guidelines. c. Suspect is informed of reason for the arrest. d. Suspect is read their rights to counsel. e. Suspect is asked if they understood their rights Members may use discretion when deciding to apply handcuffs to an arrested person (for example, medical / physical condition of arrested person) members must make every effort to obtain proper care for an arrested person that is unable to properly care for themselves because of their age, physical or medical condition. 10. ARREST: POWERS WITHOUT A WARRANT A peace officer has all the powers of arrest without warrant afforded to the private citizen as well as powers that which allows a peace officer to arrest without warrant Reference section 2. RELEVANT LEGISLATION, sub-section 2.1 Criminal Code Arrests (Civilian) Officers may not arrest an offender without warrant if: They believe on reasonable grounds that the public interest may be satisfied without arresting the person, having regard to all the circumstances, including the need to establish the identity of the person or prevent the continuation or repetition of the breach They have no reason to believe on reasonable grounds that, if they do not arrest the person, the person will fail to report to their parole supervisor. 11. SEARCHES A police officer's authority to search an arrested person comes from Common Law and is well supported in Case Law (refer to section 2 for an explanation as to where this authority comes from) Searches may be as extensive as the circumstances of the arrest dictate; from a simple "frisk" to a body cavity search that is conducted only by a qualified medical practitioner (refer to Directive LE Search of Persons). 12. USE OF FORCE

11 12.1. Arresting members shall complete and submit a Use of Force Report (OPC 47) to their supervisor where they: a. Draw a handgun in the presence of a member of the public, while on duty, excluding a member of the police force. b. Discharge a firearm. c. Use a weapon other than a firearm on another person. d. Use physical force on another person that results in an injury requiring medical attention. 13. WARRANT APPLIED FOR A Warrant Applied For entry on the Canadian Police Information Centre (CPIC) is a process established to bridge the time gap pending until the actual arrest warrant can be obtained and entered on CPIC Warrant Applied For shall remain on CPIC for 72 hours or until it is replaced by the arrest warrant CPIC entry In the event that the 72 hour period expires and an arrest warrant has not been obtained, the process of entering the Warrant Applied For will need to be repeated On Warrant Applied For CPIC entries, the contact person must be 'on call' for the 72 hour period to respond in the event that the suspect is apprehended or until the arrest warrant is received in the Records Unit, whichever comes first If an arrest is made during the 72 hour time period that the CPIC entry of Warrant Applied For is on the system, it is imperative that this CPIC entry be removed immediately It is possible that the accused could be arrested and released within that period of time. 14. WARRANTS: CONDITIONS A warrant to enter a dwelling house under section of the Criminal Code shall be on a Form 7.1 Warrant to Enter Dwelling House Warrants obtained under either section 529 or of the Criminal Code may contain any terms or conditions that the justice of the peace considers are required to ensure the entry into the dwelling house is reasonable in the circumstances Terms may include time and hour. 15. WARRANTS: PROCESS

12 15.1. Investigating officers shall: Retain the primary responsibility for actively completing and obtaining the arrest warrant prior to completing their shift If it is clearly impractical to retain responsibility for the investigation, confer with an authorized member (staff sergeant, detective sergeant or inspector) and ensure the matter is appropriately reassigned If a Justice of the Peace is not available, proceed by way of Tele-warrant. a. Refer to the Directive LE Search of Premises and Warrants Be aware that: a. The warrant entry will only be removed from CPIC after a V mail is received from the arresting officer or cellblock. b. It is imperative this step is followed to prevent an accused from being released and re-arrested on the same warrant. 16. WARRANTLESS ENTRIES Where imminent bodily harm or death is an issue, officers need only to have reasonable grounds to suspect entry is necessary for prevention Fresh pursuit is a legitimate basis for a warrantless entry of a dwelling house Fresh or hot pursuit is a continuous pursuit conducted with reasonable diligence, so that pursuit and capture along with the commission of the offence may be considered as forming part of a single transaction Consult with the patrol supervisor if unsure of warrantless entries Lawful informed consent provided by an occupant of the dwelling house may be sufficient to dispense the need for a warrant The occupant providing informed consent must have the authority to do (for example, the homeowner) Consent may be withdrawn at any time. 17. ARRESTED PERSONS: HEALTH

13 17.1. Exercise particular care with arrested persons who exhibit symptoms of excited delirium, positional asphyxia, alcohol withdrawal, mental illness, or suicidal tendencies Ensure the patrol supervisor or officer in charge is promptly notified of any symptoms mentioned in section Refer to Directive LE Emotionally Disturbed Persons and Attempted Suicide Arrested persons who are unconscious, unresponsive, or in obvious need of medical attention shall not be brought into the Central Cellblock or any other police facility The arresting member shall obtain immediate medical attention for the arrested person The arresting officer shall articulate all relevant health-related observations to the receiving officer of the Central Cellblock or any other correctional institution should further detention of the detainee be required. 18. ARRESTED PERSONS: RELEASE If the continued detention of an arrested person is determined to be unnecessary, ensure the person is promptly released on an appearance notice, or unconditionally, at the scene When releasing arrested persons from their custody, ensure that they are capable of caring for themselves. This determination shall be based on relevant factors including, but not limited to the following: a. The arrested person's state of intoxication by alcohol or drugs. b. The arrested person's physical, mental and emotional demeanor. c. Extreme weather conditions Comply with Directive AO Release of Accused if the arrested person is being released with charges pending. Ensure the release documents are prepared by the arresting officer / OIC or a member delegated by the arresting officer / OIC of the arrest. 19. CANADA-WIDE WARRANTS Canada-wide warrants are warrants that are not attached to particular jurisdictions (i.e. a Canada-wide warrant allows for the transportation and return of an individual if they are arrested anywhere in Canada) Canada-wide warrants can only be issued by a judge of a superior court and not a provincial court judge (refer to section 703 of the Criminal Code).

14 19.3. An individual arrested out of province by another police service on a Canada-wide warrant, notification of the arrest would be made to the DRPS Records Unit to advise them of the arrest and whether they will return. 20. CANADIAN BORDER SERVICES AGENCY A protocol between the DRPS and Canada Border Services Agency (CBSA) came into effect in March, This protocol applies only to the territorial jurisdiction of the DRPS Upon arrest, CBSA will notify the respective municipal police service to have an officer(s) attend their office location in order to continue the arrest. Offences to arrest include, but are not limited to: a. Impaired driving. b. Child abduction. c. Possession of stolen property. d. Arrest warrants Upon receiving notification of an arrested person being detained by CBSA designated border services officer, attend forthwith to the CBSA office where the individual is detained, and continue with the arrest. The arresting officer shall follow the procedures as laid out in DRPS directives The CBSA offices in the Region of Durham can be located at: a. Oshawa Airport Airport Boulevard, Oshawa Municipal Airport, Oshawa, Ontario. b. Oshawa East and West Docks Farewell St., Oshawa, Ontario. Procedure 21. ARRESTING A PERSON Members shall: Identify themselves as a peace officer. a. If in uniform, by using their issued warrant card or badge if requested by a suspect or other citizen. b. If not in uniform, with issued warrant card and badge Tell the accused that they are under arrest Take physical control of the accused (touch the accused) Make notice upon arrest by telling the accused; "I am arresting you for (briefly describe reason for arrest)".

15 Comply with the Canadian Charter of Rights and Freedoms by informing persons in their custody of their 'Right to counsel / caution re: statements' as detailed in issued memo books and / or Arrest / Right to Counsel / Caution (Adult) (DRP 100B) If arresting a youth, refer to section When an individual requests to speak to a lawyer, promptly afford that right with as much privacy as possible, under the circumstances If there is a language barrier, contact "Language Line". This is a 24 hour, 7 days a week interpreter service. The phone number can be accessed through the Communications / 911 Unit supervisor and is to be used for any translation needs when dealing with a prisoner who indicates, or it is apparent, that they do not comprehend the English language Give the accused the "primary caution to charged person" as provided in issued memo books and / or the STANDARD CAUTION (attachment) If the arrested person has come in contact with another person in authority before the arrest give the arrested person the "secondary caution to charged person" as provided in issued memo books Search all arrested persons before being placed in a police vehicle, or taken into a police facility (reference Directive LE Search Of Persons) Transport arrested persons who are to be held in custody to the Central Cellblock, as soon as practicable Comply with Directives AO Prisoner Transportation and AO Prisoner Care of Control when delivering an arrested person to be held in custody. 22. ARRESTING A YOUTH Members shall: Refer to section 4.8 for the definition of a youth Follow the procedure set out in section 21. Arresting a Person Provide the youth with the: a. Youth Criminal Justice Act "Notice upon arrest and right to counsel" as noted in issued memo books. b. YCJA Rights to Counsel (DRP 203A).

16 Be prepared to testify that they explained the caution and rights in a manner and language that is appropriate to the youth's age and understanding. 23. ARRESTING A PERSON RELEASED ON BAIL Members shall: Read the following at the time of arrest to ensure that the party is given notice of this process: "I am arresting you under the bail provisions of the Criminal Code and advising you that the Crown attorney may apply to have your previous release cancelled" Notify the person that the Crown attorney may wish to withdraw or change the conditions in relation to the previous bail. 24. ARREST REPORT Arresting members shall: Complete and submit an arrest report, whether the arrested person is formally charged or released unconditionally, including, but not limited to: a. The first paragraph that includes: I. The time, date, and location of the arrest. II. The offence(s) arrested for. III. The grounds providing authority for the arrest (for example, the accused was arrested at 0935 hours on Thursday, November 20th, 2003 at 117 Kingston Rd. Pickering for the offence of assault). IV. Grounds for the arrest based on injury to the victim, victim's statement and the statement of an independent witness. b. The second paragraph that includes: I. A list of any additional charges laid indicating the evidence supporting the additional charges. II. The time, date, location, and reason(s) if the accused is released unconditionally. c. Detailing the force used during the arrest as outlined in the reporting Directive LT Police Use of Force. d. Any injuries on the accused and how they were sustained. e. The apparent physical, emotional and mental condition of the accused. f. Potential for suicide, violence, or escape. g. Details of any medication required, or administered. h. Property seized from or retained by the accused. i. Telephone calls made. j. Whether the accused is on bail, probation, parole or serving a conditional sentence.

17 k. Any other information that will assist the Regional Cell Block personnel to properly care for and control the accused. 25. EXECUTION OF WARRANTS: PERSON ON SCENE Members shall: Contact the Records Unit, via radio or telephone, in order to confirm that the warrant entry on CPIC and in their possession is valid Arrest the person following the procedure set out in section 21. Arrest of a Person Send a V mail to the CPIC 1 Prime Handle, detailing: a. Name and badge number. b. Confirmation that the party is in their custody. c. That Records Unit has been informed to remove the warrant from CPIC Transport an accused arrested on a warrant of committal to a correctional facility with a copy of the warrant (retrieved from Versadex), being aware that this applies equally to all situations, where they take custody of a person, pursuant to any order or warrant issued under the authority of any Act, even where they may apprehend a child and hand the child over to a parent or to the Durham Children's Aid Society Hold the accused for a bail hearing. 26. EXECUTION OF WARRANTS: PERSON NOT ON SCENE If the suspect is not on scene, but reasonable grounds exist to lay charges, the investigating officer shall: Ensure every reasonable effort is made to immediately apprehend the suspect. Such efforts may include, but are not limited to the following: a. Issuing a general broadcast to all units, providing details of the suspect's: I. Identity. II. Destination. III. Locations frequented. IV. Description of vehicles used. b. Ensuring that locations frequented by the suspect are checked. c. Notifying the appropriate police service and request their assistance if the locations frequented are outside of the Region of Durham. d. That all efforts are articulated in the General Occurrence (GO) report.

18 27. EXECUTION OF WARRANTS: LAST KNOWN ADDRESS Members shall, when attending the last known address of the person named on the warrant: Record the event in Versadex by using Street Check Select the Street Check type "Code A Address/ Contact Info Change and Reason "Code 9 - Warrant" Use SUBJECT as a role code Access the Entities tab on the Mobile Report Entry (MRE) once the Street Check is created, and retrieve the entity and update the address Update the Master Name Index (MNI) on the Records Management System (RMS) with the new address, and save the old address when prompted by the system If the address is unknown, enter it as such Use Related Events to connect the Street Check to the original occurrence The Records Unit clerk shall conduct a weekly browse on the type / reason for the Street Check and updating CPIC accordingly. 28. OBTAINING WARRANTS: DWELLING Members shall: Satisfy the judge or justice of the peace by providing reasonable grounds (a set of facts or circumstances which would satisfy an ordinary cautious and prudent person that there is reason to believe and which goes beyond mere suspicion): a. Provide a description of the person sufficient to enable identification by the arresting officer. It is not necessary that they name the person who is to be arrested or apprehended If it is impractical to prepare written information to obtain a warrant due to an urgency, members may obtain a warrant based on an officer's sworn verbal information Where an application is presented verbally, it is essential that the verbal exchange between the officer and the judge or justice of the peace be tape-recorded so a verbatim record is available for disclosure and trial purposes.

19 Where it is impracticable to appear personally before a judge or justice of the peace, submit an application for an authorization under sections 529 or of the Criminal Code and under section of the Criminal Code by way of (telewarrant). 29. ENTRY INTO A DWELLING Members shall: Under ordinary circumstances as ruled by the Supreme Court of Canada: a. Seek entry by knocking or ringing the doorbell. b. Identify themselves as police officers. c. State the reason for being there. d. Request permission to enter or have the permission denied. e. Make entry into memo book or Versadex conditions of dwelling upon entry Under certain circumstances where the court recognizes that police notice may not be require, force entry into a dwelling to: a. Prevent death or injury of a person in the premises. b. Prevent the destruction of evidence. c. When in fresh pursuit. 30. EXIGENT CIRCUMSTANCES: WARRANT APPLIED FOR Exigent circumstances are non-exhaustively defined to include where a police officer has reasonable grounds to suspect that entry into a dwelling-house is necessary to prevent imminent bodily harm or death to any person The investigating officer shall: In cases where exigent circumstances (domestic or violent offences) are present and the suspect is known, immediately complete: a. The GO report. b. A Warrant Applied For CPIC Entry Form (DRP 1C) requesting a CPIC entry in the appropriate category of "Warrant Applied For".

20 Immediately forward the Warrant Applied For CPIC Entry Form (DRP 1C) request to an authorized member (staff sergeant, detective sergeant or inspector) for: a. Review. b. Authorization. c. Signature or attach electronic authorization Through consultation with the authorized member, ensure that an officer in charge of the investigation or designate is identified on the CPIC entry as the contact person, by: a. Identifying the officer in charge or designate that will be the contact person on the CPIC Entry. b. Ensuring that the Warrant Applied For CPIC Entry Form (DRP 1C) request is immediately forwarded to Records Unit. c. Ensuring that the FORM 7 Warrant for Arrest is actively being pursued. d. Contacting the Records Unit, if there is a reassignment of a contact person within the 72 hour period, and advising them of new contact information Records Unit clerk shall: Upon receipt of a copy of the Warrant Applied For CPIC Entry Form (DRP 1C), ensure: a. Authorization has been given b. The form has been properly signed Enter the suspect's information onto CPIC under the 'WANT' category with "Warrant Applied For" and enter the contact information in the remarks field Scan Warrant Applied For CPIC Entry Form (DRP 1C) into the GO Report a. CPIC entry will expire after 72 hour period; however warrant is still valid. 31. V MAIL Upon receiving a V mail, the Records Unit shall: Print a copy of the V mail and "attach" (frat) it to the incident number or warrant number Remove warrant entry from CPIC and print the removal Attach a copy of the removal to the incident number or warrant number Update the local warrant screen to reflect the warrant has been executed on Versadex.

21 Mark the warrant as executed by drawing a line across the face of the document and writing "Executed" on the warrant Record the executing officer's badge number and date the warrant was executed (retrieved from V mail) on the warrant Forward the original warrant to the Case Management Unit Mark the warrant of committal as "Executed" and scan a marked copy of it into Versadex (members transporting the accused may now use a copy of the scanned warrant to bring the accused to a correctional facility) Forward the original warrant of committal, via courier, to the receiving correctional facility. 32. OBTAINING A CANADA-WIDE WARRANT Members shall: Consult with the Crown attorney's office prior to constructing a Canada-wide warrant Complete an Information to Obtain a Warrant (CCO CSD) for the arrest of an individual noting that the information must allege the offence, be brought and sworn to before a judge of superior court who will hear and consider the Information (refer to section 703 (1) of the Criminal Code) If a judge issues a Canada-wide warrant, return the original warrant to the Case Management Unit Judge of Superior Court may: If satisfied with the grounds presented on the Information, issue a Canada-wide warrant for the arrest of the individual named on the Information Case Management Unit warrant clerk shall: Enter the Canada-wide warrant onto CPIC. 33. PERSON ARRESTED OUT OF PROVINCE ON A CANADA-WIDE WARRANT Records Unit clerk shall: When notified of an arrest made out of province by another police service, relay the to the Case Management Unit warrant clerk Case Management Unit warrant clerk shall:

22 Contact Central Cellblock sergeant with the information received and request a response When notified by the Central Cellblock sergeant, responding back to the arresting police service advising that the DRPS will pick up individual, providing: a. Escorting officer(s) name(s). b. Flight information. c. DRPS contact name. d. Any relevant information Arrange for the Records Unit to relay all the information back to the arresting police service, including a request to hold the individual for 6 days Central Cellblock sergeant shall: Immediately contact the Crown attorney's office and relay the information to them and request authorization for return of the individual in question When receiving approval for return, notify the Case Management Unit warrant clerk Escorting officer shall: Attend Case Management Unit and pick up the original Canada-wide warrant from warrant clerk prior to departure Upon arrival at out of province police service, immediately, with the assistance of the police service, attend before a justice or judge in the jurisdiction where the individual was arrested to have the original warrant endorsed (refer to section 528 of the Criminal Code) With the endorsed warrant, return to the police facility where the individual is being held and follow the procedure for arrest and return When returning to Durham Region, escort the arrested person to Central East Division, Central Cellblock to be held for a bail hearing Complete a GO arrest report. 34. HOLDING A PERSON ON CANADA-WIDE WARRANT Upon receiving information that a Canada-wide warrant is outstanding for the arrest of a person, the arresting officer shall:

23 Confirm either with the Communications / 911 Unit or the Records Unit clerk that the warrant is valid Upon confirmation that the warrant is valid, arrest and process the person, advising of particulars, including but not limited to: a. Canada-wide warrant b. Radius c. Issuing police service d. Offence(s) Request Records Unit clerk to contact issuing police service Upon receiving response and escort is forthcoming: a. Hold person for maximum 6 days (refer to section 503 (3) (b) (i) of the Criminal Code). b. Request a fax'd copy of the warrant (refer to section of the Criminal Code) Upon receiving a response and the escort is not coming: a. Release the person from custody Complete a GO report whether or not the person was held for return or released without further action Records Unit clerk shall: Inquire whether or not the issuing police service will return for individual. TOP By Order Of: Paul Martin Chief of Police