Transport After Arrest

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Randy_Burgess
Posts: 15
Joined: 27 May 2010, 19:19

Transport After Arrest

Post by Randy_Burgess » 05 Oct 2018, 08:49

At the session for the update to the Policy Manual it was said a couple times that Peace Officers are not authorized to transport a person after arrest. As this was something that was not in the policy manual I got Tammy to clarify for me and thought I would share in case someone else picked up on it too. Below is Tammy's response:

"Following our discussion yesterday, I reviewed policy and legislative requirements pertaining to transportation of persons by a peace officer following arrest.

The authority to transport is legislation specific and may not apply across all authorities held by a peace officer. For example, CPOs have authority to transport under AGLCC and TSA but should not be transporting in relation to arrests under s.494 of the Criminal Code.

Remember when interpreting s.494, a peace officer is just a citizen and is not permitted to use the tools on their belts during this process, which includes handcuffs. Our interpretation of this section defines “peace officer” as a police officer given that Alberta’s peace officers have no authority under the Criminal Code.

As a result, the general direction is not to transport. If peace officers are confident in understanding these legislative distinctions they can use discretion as to when to apply. This is also an item that should be addressed with management as well. Authorized Employers have the right to restrict how peace officers respond in situations where authority to transport may exist".

Kale_Mitchell
Posts: 2
Joined: 02 Oct 2018, 17:31

Re: Transport After Arrest

Post by Kale_Mitchell » 09 Oct 2018, 10:33

I Imagine this has a lot to do with the MOU with your local police of jurisdiction and your agency.

With my agency (Calgary Transit) we transport for everything. The only thing we do not transport is drug arrests, and mental health stuff (not on appointment), They are turned over to the police. Also immigration stuff, if it is a stand alone immigration warrant we will just call CBSA inland enforcement and they will attend. If there is some other warrant (CC or bylaw) attached to it will arrest and transport to processing and have CBSA meet us there.

Any arrests such as;

GLA
TPA
CC warrants , bylaw or Provincial warrants
CC Breaches
On view CC offences
Etc.

we transport and process them as usual. Just the agreement we have with our POJ.

Martin_Perrier
Posts: 9
Joined: 28 Feb 2018, 20:12

Re: Transport After Arrest

Post by Martin_Perrier » 15 Oct 2018, 08:53

I have one question why are we not allowed to use our handcuff or baton if need be while arresting someone under sec 494 of CC?

It will become tools of opportunity because it is not illegal to have those tool as civilian so they would use them if need be but not us?

For information.
Thank you

Kale_Mitchell
Posts: 2
Joined: 02 Oct 2018, 17:31

Re: Transport After Arrest

Post by Kale_Mitchell » 19 Oct 2018, 09:39

Martin_Perrier wrote:
15 Oct 2018, 08:53
I have one question why are we not allowed to use our handcuff or baton if need be while arresting someone under sec 494 of CC?

It will become tools of opportunity because it is not illegal to have those tool as civilian so they would use them if need be but not us?

For information.
Thank you
This is actually a thing?

We use our tools to effect 494 arrests everyday.

If we did not do this the public would lose all confidence in us and the city would be held liable if we were standing there and did not do anything.

You are a peace officer when you are in uniform and on duty. Why would you not be able to use your tools?

Kirsten_Stevens
Posts: 13
Joined: 22 Feb 2017, 08:08

Re: Transport After Arrest

Post by Kirsten_Stevens » 23 Oct 2018, 10:50

I think that there needs to be conversation between the training academy and the Sol Gen office, we were taught in CPOIP this past class that our cuffs, batons and tools are allowed to be used for a 494 arrest as they are not illegal for us to carry, and they are tools of opportunity we are not expected to play a "citizen" role for a 494 arrest.

mark_rushton
Posts: 3
Joined: 28 May 2017, 12:55

Re: Transport After Arrest

Post by mark_rushton » 25 Oct 2018, 09:46

Kirsten_Stevens wrote:
23 Oct 2018, 10:50
I think that there needs to be conversation between the training academy and the Sol Gen office, we were taught in CPOIP this past class that our cuffs, batons and tools are allowed to be used for a 494 arrest as they are not illegal for us to carry, and they are tools of opportunity we are not expected to play a "citizen" role for a 494 arrest.

As an identifiable Peace Officer there will be a reasonable expectation for you to intervene if found committing an indictable offence, which I assume is what they would mean as not playing a “citizen” role.

That being said, when effecting a 494 arrest, you are still absolutely a private citizen. There is nothing illegal about using your tools of opportunity if you can articulate your actions.

For example, if you arrest Edna Lou for theft under 5000 as she steals a cart of groceries, the 65 year old feble lady who couldn’t harm a spider who broke into her house and you chose to use handcuffs you may subject yourself to forcible confinement. However, if you’ve got Rico here who you roll up on kicking his ex girlfriend in the head in the middle of the street while she’s in the fetal position, and he starts advancing on you when you order him to stop, despite repeated demands he’s coming after you, there would be a reasonable expectation you could articulate the use of your OC spray - which as a private citizen is a restricted weapon.

There is tons of case law around this topic, and the fact of the matter is you don’t have the same protections under a 494 arrest, however as long as you can articulate your actions, you know your indictable offences and you follow the use of force continuum then you should be able to justify your actions. Solgen permits peace officers in the policy manual to work in the 494 world as a tool to maintain and preserve public peace. Review sections 25-31 of the criminal code closely, as well as 494 and all subsections closely and be sure you are proficient before working in the 494 world... Messing this up on the wrong person can mean a whole lot of lawsuit or criminal charges.

Sam_Burnett
Posts: 10
Joined: 04 Jan 2018, 08:51

Re: Transport After Arrest

Post by Sam_Burnett » 29 Nov 2018, 16:19

I think you need to read the legislation as it states in the criminal code "Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer."

Now I'd say forthwith deliver means taking the arrested person to the police. Like it was mention, this should be discussed with your local police department to determine their preference. Now not using your tools or saying you cannot use handcuffs to arrest a subject under 494 is completely wrong. Just because the average citizen doesn't have them doesn't mean you can't use them if you do, you are simply liable for using them incorrectly. Just like any of the other tools we carry which fall under weapon of opportunities should the necessary force meet the threshold for their use. If you are that unsure you can always contact your local prosecutor and take in their thoughts. With my 10 years currently as a Peace Officer and I'm sure like many, with numerous 494 arrests under my belt, there has never been an issue with transport, use of handcuffs or any type of tools. It boils down to understanding your authorities, being lawfully placed, know your use of force and be able to articulate it all.

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