Product Details
978-0-7798-6718-9
Book
Approximately 380 pages
1 volume bound
softcover
2015-11-17
Carswell

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Salhany's Police Manual of Arrest, Seizure and Interrogation, Eleventh Edition
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$80.00
Description

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:
  • 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.
"...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." From the book review by Paul F. McKenna, Adjunct Professor, School of Information Management, Dalhousie University
About the Author
Ian D. Scott was the Director of Ontario's Special Investigation Unit from October 2008 to October 2013. The SIU is the exclusive investigative agency for determining whether on-duty police officers will be charged with a criminal offence if they are involved in death or serious injury incidents or allegations of sexual assault. Before becoming the SIU's Director, he was involved in police oversight issues both as a prosecutor of police officers in the criminal justice system and internal disciplinary matters. He has lectured extensively and made submissions on behalf of the Ministry of the Attorney General and the SIU on oversight issues. In his last year as Director, he was also the president of the Canadian Association for Civilian Oversight of Law Enforcement. Ian has been a member of the Ontario bar since 1983. He is currently in private practice, as well as adjunct professor at Western Law School.
Joseph Martino was called to the bar in 1999 and has worked his entire professional career as counsel at Ontario's Special Investigations Unit, also serving as the Unit's acting director during that period. He has written on the law and practice of policing, including an article published in the Criminal Law Quarterly entitled "The Impact of McNeil on Civilian Oversight of the Police: A Case Study of Ontario's Special Investigations Unit."