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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Legal Issues In PolicingBy LIIP


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