Enforcement on Antigovernment Extremists †Free Samples to Students

Question: Discuss about the Enforcement on Antigovernment Extremists. Answer: Introduction: We will ensure we use reasonable force and arrest the suspect to keep off from the risk. If the suspect refuses to give his hands for handcuffs, then we have permission to twist his hand, put them at his back and lock them up. Use of such kind of force is allowed to protect the law enforcement officials from sovereign citizens who may be potentially aggressive (Neve Herald, 2013). In this case, the police are not allowed to shoot to kill the suspect because they have no evidence that the suspect is threatening to kill them. However, the fact that the suspect posed a danger, there is a right to use reasonable force and have him arrested to prevent the threats from happening. However, if he tries to shoot when he is being arrested, then it is permissible to shoot him back to stop him from killing (Steorts, 2017). We will consider the model of a lawful arrest. Police officers should identify themselves to the suspects, tell them that they are being arrested, give them the reason for their arrests, or provide the arrest warrant if at all there is one (The Law of Arrest, 2015). After that, placing of handcuffs on the arrested individuals will depend on the situation. As long as it is lawful, the Criminal Code provides that the police can arrest the person without a warrant, if they are sure that the person has committed an offence (Griffiths, 2012). An officer, however, cannot arrest a person based on a belief that they have committed a crime. Now, since the current case is lawful, the officers can arrest the person using reasonable force, or detain him and get an arrest warrant from the court. Of course, the use of force is allowed according to the provincial-level legislation, framework of the Canadian Charter of Rights and Freedoms. Case law, and the Canadas Criminal Code. According to Canadas Criminal Code in Section 25(1), everyone authorized under the enforcement law has authority to use force on reasonable grounds provided the amount used is according to that purpose (Police Weapons: Canada, 2015). Besides, section 26 of the same code stipulates that anyone authorized to use force under the law becomes criminally responsible in case there is excess of it used. Thus, the police officers are allowed to employ as much force as they can, as long as it is necessary and reasonable. Aside from that, they can also use up to lethal force if required to prevent themselves (McGinnis, 2015). For instance, they are allowed to use lethal force to somebody to prevent him from posing a risk to anyone. According to the Canadian Charter of Rights and Freedoms arrested people have some important rights that the police should provide them with. For instance, upon arrest of the person in this case: (1) he should be permitted to remain silent upon questioning by the police. (2) He has a right to know the reason why he is being arrested. The police should, therefore, tell him a good reason for his arrest. (3) He has a right to call a lawyer as stated in section 10(b) of the Charter (The Law of Arrest, 2015). The police should permit him to do so without delay upon which his lawyers can give him way forward. In this regard, the arrested individuals have a right to know about the availability of any legal aid or the duty counsel. In addition, they are permitted to talk to their lawyers privately as soon as possible. If the suspect wants to call a lawyer, the police have no reason to prevent him from doing that. Section 10(b) of the Charter instigates that the arrested individuals have a right to call and speak to their lawyers or any legal counsel immediately upon their arrest (Griffiths, 2012). Besides, they can have some private talk with their lawyers. The police officers should not force the arrested or detained suspects to answer their questions. Suspects have a right to remain silent as anything they say will be used against them as evidence in the court of law. However, this does not imply that the police should or will stop questioning the suspect (The Law of Arrest, 2015). The police are allowed to try and persuade the arrested individual to answer their questions being that it is a good time for the suspect to tell their story and the answers will not help the police to get into the bottom of the whole thing. Nonetheless, the suspects have no legal duty to do so, except to provide their names and date of birth (Griffiths, 2012). They cannot be answerable to the law for refusing to answer the questions. Additionally, Canadas rule of evidence does not permit the arrested persons lawyer to use their clients words at trial to assist in acquitting the individual. In Canada, according to the Law of Arrest (2015), the arrested individuals do not have any right to have their lawyers with them when they are being questioned by the police. However, they can talk to their lawyers before they get into a private interview with the police. Their lawyers can advise them on what they should say or not to say to the police. However, most lawyers will advice their clients to remain silent and politely refuse to give any information aside from providing their names and birth dates to avoid providing evidence that may be used against them in courts (Griffiths, 2012). Everyone has a right under section of 8 of the Charters to be protected from an unreasonable search and seizure (Griffiths, 2012). The Charter rights include; the right to search of vehicles, residence, interception of private conversation, person, and after valid arrest. This Act states that, there must be sensible and feasible grounds set under oath that shows that a crime was committed, and that the crimes evidence is at the place of search. It guarantees and provides protection of the rights and freedoms of an individual against unauthorized search. If an officer suspects that a suspect is connected to a crime and he has a reasonable ground and detains him for further interrogation, the officer may be given a limited authority by the court. What need to be done for a search to take place in a residence is to get a search warrant (Griffiths, 2012). For the policemen to obtain a search warrant, they must prove that there is a reasonable ground for them to search the premises. Conversely, there are some exceptions where a search could be allowed in absence of the search warrant. Generally, the search must be based on sensible grounds. However, any search based on suspicion might create a breach of section 8 of the Charter. On the other hand, the policemen must have Information to Obtain (ITO). Information to Obtain is an affidavit that helps the policemen to obtain search warrant. The court compares the ITO to the information provided by the police at the time they applied for the search warrant to ascertain whether they provided fair and honest information when they made their application. References Griffiths, C. (2012).Canadian police work(3rd ed.). Nelson College Indigenous. McGinnis, L. (2015).Where is the line? A Northern lawyer explains police use of force.CBC News. Retrieved 27 October 2017, from https://www.cbc.ca/news/canada/north/police-use-of-force-where-is-the-line-1.3090829 Neve, C., Herald, C. (2013).Officers need better training to deal with growing threat from potentially aggressive 'sovereign citizens,' police say.National Post. Retrieved 27 October 2017, from https://nationalpost.com/news/canada/sovereign-citizens Police Weapons: Canada | Law Library of Congress. (2015).Loc.gov. Retrieved 27 October 2017, from https://www.loc.gov/law/help/police-weapons/canada.php Potok, M. (2016).New DVD for law enforcement on antigovernment extremists.Southern Poverty Law Center. Retrieved 27 October 2017, from https://www.splcenter.org/fighting-hate/intelligence-report/2016/new-dvd-law-enforcement-antigovernment-extremists Sovereign Citizens: A growing domestic threat to law enforcement. (2011).FBI: Law Enforcement Bulletin. Retrieved 27 October 2017, from https://leb.fbi.gov/articles/featured-articles/sovereign-citizens-a-growing-domestic-threat-to-law-enforcement Steorts, J. (2017).When Should Police Officers Be Able to Use Deadly Force?.The Atlantic. Retrieved 27 October 2017, from https://www.theatlantic.com/politics/archive/2015/08/use-of-deadly-force-police/402181/ The Law of Arrest - Women and the Law in Alberta. (2015).Women and the Law in Alberta. Retrieved 27 October 2017, from https://www.lawforalbertawomen.ca/women-and-the-criminal-justice-system/the-law-of-arrest/