Constable Tretiak Case Study

Satisfactory Essays
1. Constable Tretiak’s conduct prior to Wayne Cashman’s arrest would be found to have been lawful. Prior to arresting Cashman, Constable Tretiak asked Cashman to hand over the marijuana cigarette. Under s 8, unlawful search and seizure of the Charter of Rights and Freedoms protects civilians from unlawful search and seizure. Constable Tretiak did not have a warrant to search Cashman, therefore, only under s 487.11, exigent circumstances of the Criminal Code, is an officer able to search a civilian without a warrant. Furthermore, under common law, warrantless searches are permitted if it was an incident to a lawful arrest, during an investigative detention, or upon informal consent. Constable Tretiak could use s 487.11 under the Criminal Code to show that the…show more content…
Constable Tretiak caught Cashman in possession of a controlled substance as shown in Schedule I. Section 495(2) imposes a duty not to arrest unless there are reasonable grounds the accused will not appear in court or for public interest (establishing identity, secure evidence, and to prevent the continuation of the offence). Cashman did not have identification on him; therefore, Constable Tretiak did not know the identity of Cashman and was able to arrest Cashman prior to the checks. Constable Tretiak’s arrest of Cashman did not change after his computer checks. Section 524(2) of the Criminal Code states that a Peace Officer can arrest the accused without a warrant if the accused violated an undertaking given to him. Cashman had previously been released on a recognizance and undertaking on a break and enter charge. Cashman made an undertaking that he would not associate with a person named Bobby Clarke. Constable Tertiak asked the man with Cashman to identify himself; the man identified himself as Bobby Tertiak. Since Cashman was violating his undertaking, Constable Tetriak was able to arrest the accused without a
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