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
E139| CYA. Can you articulate?
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In this episode, Mike discusses the Manitoba Court of Appeal decision R. v. Francois, 2025 MBCA 93 where police, on routine patrol in a high crime area, saw a man in a back alley operating a grinder while leaning over a BMX bike. After briefly questioning the man about the bike, an officer — an avid biker himself — found things just didn't add up, so he arrested the man thinking the bike was stolen or being stolen. A search of the man and his back-pack resulted in the discovery of a sawed-off .22 calibre rifle, ammunition and an angle grinder. Was the man detained prior to his arrest such that he was entitled to be advised of his s. 10(b) Charter right to counsel? Did police observations and officer experience with bikes render the man's arrest lawful? Listen carefully as to how the officer articulated his grounds as this street encounter played out. How the Court of Appeal saw the matter may assist you with a similar encounter.
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