Police Powers: Arrest, Search and Detention
The legal authority behind the police powers used most in frontline work, for a two-year police foundations diploma: where police powers come from in the Criminal Code, provincial statutes and the common law under the Waterfield test; the standards of reasonable grounds to suspect and reasonable grounds to believe under Chehil and Storrey, and how to articulate grounds; arrest without a warrant under sections 494, 495 and 524 and the public interest test in section 495(2); informations, summonses and arrest warrants, entering a dwelling to arrest under Feeney and sections 529 to 529.5, and the practical steps of a lawful arrest; investigative detention under Mann, protective searches and vehicle stops; search warrants under section 487, drafting a full, frank and fair information to obtain, Garofoli review and execution; search incident to arrest under Cloutier and Caslake, strip searches under Golden, bodily samples and phones under Fearon; consent under the Wills test, plain view and exigent circumstances under section 487.11 and Paterson; vehicles, phones and digital data, including Marakah and Bykovets; entering homes and private places, including Godoy, safety searches and securing premises; and release under the principle of restraint, judicial interim release under Antic and Zora, and the care of people in custody. The course follows the fictional Port Ardent police service and a cohort of students, and ends with a powers review of a complete break-in file, with runnable Python examples throughout.
LES-112 Year 1 3 credits 12 lessons · 3 h 52 min ▶ Video lessons coming soon
Offered by HSM University · Law Enforcement Studies
This is the Canadian version of this course. See the American version.
What you'll learn
- Identify the source of authority for a police power, distinguishing statutory, court rule and judicial sources, and explain why police may act only within the authority the law gives them.
- Apply the standards of reasonable grounds to suspect and reasonable grounds to believe to the facts of a case, assessing the totality of the circumstances and the reliability of tips.
- Articulate the grounds for a stop, arrest or search clearly in the moment, in notes and reports, and in court.
- Decide when an officer may arrest without a warrant under sections 494, 495 and 524, and apply the public interest test in section 495(2).
- Explain how informations, summonses and arrest warrants are obtained and executed, and apply the rules for entering a dwelling to arrest.
- Carry out the practical steps of a lawful arrest, including informing the person of the reason and their rights, control, search, transport and records.
- Conduct an investigative detention that is brief, focused and properly recorded, including any protective search and vehicle stop.
- Prepare a search warrant application that is full, frank and fair, and execute a warrant within its terms.
- Apply the limits on search incident to arrest to the person, strip searches, bodily samples, phones and vehicles.
- Decide when consent, plain view or exigent circumstances allow a search without a warrant, and record the conditions that were met.
- Apply the rules for searching vehicles, phones and other digital devices, and for entering homes and other private places.
- Make release decisions consistent with the principle of restraint and the ladder of release, prepare fair reports for bail hearings, and care for people in custody.
Course content
12 lessons · 3 h 52 min total · final exam
- 1 Police powers and the rule of law: where authority comes from 20 min · quiz
- 2 Grounds and standards: reasonable suspicion and reasonable grounds to believe 19 min · quiz
- 3 Arrest authority without a warrant 20 min · quiz
- 4 Arrest warrants and making a lawful arrest 19 min · quiz
- 5 Investigative detention in practice 19 min · quiz
- 6 Search warrants: grounds, drafting and execution 20 min · quiz
- 7 Search incident to arrest 19 min · quiz
- 8 Warrantless searches: consent, plain view and exigent circumstances 19 min · quiz
- 9 Searching vehicles, phones and digital devices 19 min · quiz
- 10 Entering homes and private places 19 min · quiz
- 11 Release, judicial interim release and custody 19 min · quiz
- 12 Capstone: a powers review of the Lakeshore Hardware case 20 min · quiz
- E Final exam 20 questions
Requirements
Recommended background. You can start any course at any time.
Description
The legal authority behind the police powers used most in frontline work, for a two-year police foundations diploma: where police powers come from in the Criminal Code, provincial statutes and the common law under the Waterfield test; the standards of reasonable grounds to suspect and reasonable grounds to believe under Chehil and Storrey, and how to articulate grounds; arrest without a warrant under sections 494, 495 and 524 and the public interest test in section 495(2); informations, summonses and arrest warrants, entering a dwelling to arrest under Feeney and sections 529 to 529.5, and the practical steps of a lawful arrest; investigative detention under Mann, protective searches and vehicle stops; search warrants under section 487, drafting a full, frank and fair information to obtain, Garofoli review and execution; search incident to arrest under Cloutier and Caslake, strip searches under Golden, bodily samples and phones under Fearon; consent under the Wills test, plain view and exigent circumstances under section 487.11 and Paterson; vehicles, phones and digital data, including Marakah and Bykovets; entering homes and private places, including Godoy, safety searches and securing premises; and release under the principle of restraint, judicial interim release under Antic and Zora, and the care of people in custody. The course follows the fictional Port Ardent police service and a cohort of students, and ends with a powers review of a complete break-in file, with runnable Python examples throughout.
Part of the Law stream, typically taken in year 1.