An essential reference for law enforcement officers to ensure compliance with the Criminal Code and the Canadian Charter of Rights and Freedoms in the context of the police powers of arrest, search and seizure, and interrogation Salhany's Police Manual of Arrest, Seizure & Interrogation
provides police officers with an up-to-date, easily accessible, and accurate recitation of the law in these vital areas of criminal justice – arrest, search & seizure, and interrogating suspects and interviewing witnesses.New in this edition
Since the tenth edition, the following significant appellate cases are referred to in this edition:
"...police officers should welcome and reflect upon this ongoing publication that provides a consolidation and commentary on legal aspects of their service to the community."
- Aucoin 2012 SCC 66 - common law authority to detain citizens is an extraordinary power and not lawful unless the manner in which the detention power is exercised was reasonably necessary;
- Chehil 2013 SCC 49 - established that the reasonable suspicion standard was about reasonable possibility (not probability) of crime;
- Cole (2012), 290 C.C.C. (3d) 247 (S.C.C.) - a warrantless search of a teacher's computer contents was unreasonable - the police should have sought a search warrant;
- Fearon 2014 SCC 77 - permitting police to search a cell phone found on a person after a lawful arrest;
- Figueiras v. Toronto (Police Services Board) , 2015 ONCA 208 - considered police use of its common law powers under the Waterfield test in the Toronto 2010 G20 Summit context;
- Hart 2014 SCC 52 - laying down a new common rule for the admission of confessions made during police undercover "Mr. Big" operations;
- MacDonald, 2014 SCC 3 - stating that the pushing of a door constitutes a search because it goes beyond the implied invitation to knock;
- MacKenzie 2013 SCC 50 - affirming that police officer's training and experience were legitimate considerations in determining whether reasonable suspicion standard established;
- Quesnelle 2014 SCC 46 - holding that Crown has no duty to disclose police occurrence reports prepared in the investigation of previous incidents involving a complainant or witness and not the offence being prosecuted as part of the Crown disclosure process;
- Telus, 2013 SCC 16 - prohibiting use of general warrant in circumstances where police should have applied for wiretap authorization.
- T.G.H. 2014 ONCA 460 - holding that accused person was detained and therefore entitled to be re-advised of his rights to counsel when, some ten months after his initial arrest and subsequent release, police executed a general warrant; and
- Wood v. Schaeffer, 2013 SCC 71 - commenting on importance of police officers' notes and prohibiting conferral with lawyers before the writing notes in SIU investigations.
- The eleventh edition is also updated with respect to amendments to the Criminal Code's citizen arrest powers introduced under the Citizen's Arrest and Self-defence Act, S.C. 2012, c. 9.
From the book review by Paul F. McKenna, Adjunct Professor, School of Information Management, Dalhousie University