Does a police officer have an obligation to obtain the position of a potential accused before making an arrest?
Ontario, Canada
The following excerpt is from Miguna v. Toronto Police Services Board, 2007 CanLII 3674 (ON SC):
Police are not required to obtain the position of the potential accused before the officer can form reasonable and probable grounds for arresting the accused for an indictable offence. Furthermore, “there is no obligation upon a police officer to weigh and determine the validity of various versions of events and render judgment before effecting an arrest”: Wiles v. Ontario (Police Complaints Commissioner), supra, at paragraph 50.
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