MM

Deputy Sheriff Arrest Procedures and Legal Responsibilities

Deputy Sheriff Mandate

  • The core mandate involves:

    • Protecting public safety.

    • Protecting life.

    • Maintaining peace.

Primary Reasons for Arrest

  • The two main reasons for making an arrest are:

    • Breach of peace.

    • Preservation of life.

Location of Arrest

  • Deputy sheriffs can make arrests anywhere within their jurisdiction, which is Saskatchewan.

  • This includes:

    • The courtroom.

    • Vans.

    • Gas stations.

    • Restaurants.

    • Streets.

Duty to Act

  • Deputy sheriffs have a duty to act everywhere within the province of Saskatchewan.

  • This duty is based on their legal responsibilities and authorities.

  • The PowerPoint being discussed outlines these legal responsibilities and authorities.

Types of Offenses

  • Dual Offenses/Hybrid Offenses: Offenses that can be charged either as summary or indictable.

    • When arresting for a dual offense, always assume it's the indictable offense.

    • This does not dictate how the person will ultimately be charged, but rather how the arrest is approached.

    • Section 495 of the Criminal Code says, rest allowed without warrant for Indictable Offenses.

    • The lecturer want's them to throw out any hybrid offense considerations and always assume arrest without finding someone committed.

  • Indictable Offenses: Canada's version of a felony; gives more options for use of force during arrest.

Reasonable and Probable Grounds

  • Legal standard required for arrests.

  • Defined as having enough proof that not arresting the person would do more harm to the community than leaving them alone.

  • In practical, cop terms, 25% belief is often sufficient.

Hypothetical Situations

Situation 1: Belligerent Individual at Courthouse

  • A male throws coffee at sheriffs and swears at them, making no attempt to leave.

  • He is arrestable for:

    • Breach of the peace.

    • Assault. (violence)

    • Potentially other charges.

  • The charges themselves are not the immediate concern; the priority is whether the actions breach the peace or fall within Section 495.

Situation 2: Intoxicated Individual Near Courthouse

  • A lawyer reports a staggering, mumbling man near the courthouse who appears to be heading toward the side door.

  • This situation does not provide grounds for arrest but does warrant investigation due to suspicion of public intoxication.

  • There is a duty to act, which includes:

    • Monitoring the individual.

    • Approaching him.

    • Calling for backup.

    • Calling a supervisor and/or the police.

It was emphasized that as a sworn peace officer in the province of Saskatchewan, there is never a scenario where you do nothing ever.

Situation 3: Yelling in Interview Room

  • Yelling is heard coming from an interview room; upon investigation, a man in a suit claims he was repeatedly punched in the face.

  • There are reasonable grounds for arrest based on:

    • The yelling.

    • The statement of assault.

    • The close proximity of the individuals involved.

  • The individuals should be arrested, handcuffed, and police should be called.

Situation 4: Judge Orders Arrest

  • A judge orders an officer to take a man into custody.

  • This is a valid arrest due to:

    • Official act.

    • Acting in good faith.

    • The judge's authority in the courtroom.

  • Even if there is an exception to the judge's authority, the officer's defense is that they were acting in good faith on the judge's order.

Situation 5: Disruptive Individual at Restaurant

  • A woman yells profanities, makes threats, and refuses to leave a restaurant, despite being asked to do so.

  • This is arrestable under:

    • Breach of the peace.

    • Uttering threats.

  • Deputy sheriffs have a duty to act in this situation. Act Immediately.

Situation 6: Fleeing Male After Radio Broadcast (transmisión de radio)

  • A radio broadcast reports a young male fleeing from Courtroom 5 after scaring a computer.

  • Two males matching the description are found nearby.

  • Both can be detained or arrested due to:

    • Acting in good faith based on the radio broadcast.

    • Establishing identity.

    • Potential for fleeing.

    • Protecting evidence.

  • The individuals should be detained while an investigation is conducted to determine their involvement.

Arrest Procedure for Deputy Sheriffs

The lecturer highlights that the following steps in arresting a person SHALL be done in the following order:

  1. Identify yourself as a peace officer

    • "Stop, police!"

    • "I'm Deputy Sheriff [Your Name]"

  2. State person is under arrest

    • “You are under Arrest” - Invoke authority even if they don’t understand.

    • Golden Rule: Declare authority to use force.

  3. Take physical control of the person

    • This may include use of force.

  4. Verbally articulate the reason for the arrest

    • "You're under arrest for assault."

  5. Inform the person of their rights to counsel without delay

    • "You have the right to retain and instruct counsel without delay."

    • This must be read verbatim.

  6. (After Securing) Read verbatim from the arrest card

    • Don't say anything. Caution They’ll say.

  7. Person Search

    • Weapons

    • Means of escape

    • Evidence

    • Anything that could hurt yourself or himself or yourself

    • Cuts down

    • Injuries

Key Considerations

  • The entire process, from initial contact to securing the individual, may take only a few minutes.

  • The location of the arrest impacts the specific steps and considerations.

Relevant Criminal Code Sections

  • Section 129: Resisting or obstructing a public officer.

  • Section 27: Justified use of force.

  • Section 270: Assaulting a peace officer.

Legal Considerations

  • The burden of proof increases from reasonable grounds to believe to 100% when someone obstructs an officer.

  • The subject's behavior can reinforce the decision to arrest.

  • Use of force is justified when reasonably necessary.