Can a police officer make a warrantless arrest even for summary conviction offences and provincial offences?
Ontario, Canada
The following excerpt is from R. v. Nunnery, 2006 CanLII 35002 (ON SC):
In my view, it would be anomolous if police officers who are generally empowered to make warrantless arrests even for summary conviction offences and provincial offences where an arrest is necessary in order to identify the person arrested (see s.48 of the Liquor License Act, and, similarly, s.495(2)(b) of the Criminal Code, and see Moore v. The Queen (1978), 1978 CanLII 160 (SCC), 43 C.C.C. (2d) 83 (S.C.C.)) were not then authorized to fulfil the very purpose of such arrests by searching persons arrested on this basis for identification.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a police disciplinary record that is not in the control of the police force required to be disclosed by the police officer to the police community? (Ontario, Canada)
How have courts struck down allegations of breach of fiduciary duty in pleadings against police officers and vicariously the police services board and police chief? (Ontario, Canada)
Can a judge appeal a conviction on a charge of speeding where the evidence was based on a template provided by a police officer? (Ontario, Canada)
In assessing whether a police officer has reasonable grounds to justify the arrest, what is the test for reasonable grounds? (Ontario, Canada)
Does a police officer have an obligation to obtain the position of a potential accused before making an arrest? (Ontario, Canada)
What is prejudice against a police officer who has been denied promotion because of the delay in getting notice of application to the Police Complaints Board? (Ontario, Canada)
What is the test for use of force by a police officer to arrest a man? (Ontario, Canada)
What is the test for determining if a police officer has a reasonable and probable grounds for arrest? (Ontario, Canada)
Can a police officer make a warrantless search of a bedroom in an emergency situation? (Ontario, Canada)
Can a police officer be found guilty of obstruction under the Criminal Code for failing to yield to the officer's command to desist from further infringement of the municipal by-law? (Ontario, Canada)
