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you are here: > Americas-Union Police Code
> Article 69
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9. Police
investigations
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| Article 69-Methods assisting arrest | ||
| 69.1 | Methods assisting arrest | |
| Under the Criminal Code and Judicial Code, police have several methods for effecting an arrest. | ||
| 69.2 | Arrest | |
| A lawful arrest shall be when a law enforcement official, or person acting under law does take a person into custody using lawful arrest procedure so that they may be brought to a place of interview, interrrogation and/or testimony to assist in the investigation of an alleged crime. | ||
| 69.3 | Lawful arrest procedure | |
| Lawful arrest procedure is when the following three steps have been taken during the execution of an arrest: (1) that the person has been told they are under arrest (2) that the person has been told on what basis of accusation, summons, warrant and/or charge they are being placed under arrest and (3) that the person has been told of their immediate rights. | ||
| 69.4 | Probable Cause | |
| The first method of arrest of a person is on the basis of probable cause. Under the Judicial Code, probable cause is different depending upon the nature of the crime being investigated. | ||
| However, the use of probable cause can be used when a police officer believes they have sufficient evidence that a suspect is likely to commit further crimes. | ||
| 69.5 | Warrant | |
| If a police officer believes they have sufficient evidence from an initial investigation to request a warrant, then this can be used to both effect a search of either a person, their body (for signs of a violent altercation) and use the same warrant to effect arrest. | ||
| 69.6 | Loitering with intent | |
| If a police officer finds themselves investigating a crime, or seeking to curb crime in a known public place, then loitering with intent can be used to effect the arrest of one or more persons found in such a place and then use the 1st interview method to identify the likely suspect. | ||
| This is especially useful and important when considering the investigation of a crime in a public place attended by bystanders of which one or more may actually have participated in the crime, but are then naturally reluctant to provide any facts or details of the crime. | ||
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