Legal Issues In Policing
Legal Issues in Policing (LIIP) is the podcast blending the demands of the book with the rulings from the bench through the lens of the badge. Police Officers with a solid understanding of the law and their legal powers are more confident, competent and effective. Each episode will examine a legal issue in policing by reviewing current Canadian criminal case law from coast to coast to coast.
Legal Issues In Policing
E122| Test for arrest — cumulative, commonsensical & contextual.
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In this episode, Mike discusses the New Brunswick Court of Appeal decision R. v. Breau, 2025 NBCA 95 where police arrested a woman for drug trafficking. When police searched the vehicle she was driving, drugs — including methamphetamine, MDMA, and cocaine — along with other evidence was discovered. The woman argued the police did not have sufficient grounds to arrest her, rendering her detention arbitrary — a s. 9 Charter breach. A trial judge upheld the arrest, but she appealed to the New Brunswick Court of Appeal. Find out what the appeal court ruled when it weighed in on the matter.
cumulative — increased in quantity, degree, or force by successive additions.
commonsensical — demonstrating a practical and sensible perception of the situation or facts.
contextual — depending on or relating to the circumstances that form the setting of an event.
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