What Constitutes an Arrest?

Patrick J Ducharme
Patrick J Ducharme

An arrest is the compulsory restraint of a person. Touching the arrestee is not required if the arrestee submits to the restraint of his liberty. Arrests may be made by use of reasonable force or by words or a restraint of liberty that is accompanied by submission. If touching is not sufficient, and reasonable force is necessary, then the use of force is permitted.1

Canadian Criminal Procedure by Patrick J Ducharme

The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.

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