Criminal Law Constable Tretiak

Question: Discuss about theCriminal Lawfor Constable Tretiak. Answer: Analysis of Lawful Conduct by Constable Tretiak Prior to the Arrest of Bobby Clarke According to the regulations of Criminal Code under section 495, a peace office is entitled to arrest without having warrant if the officer suspects that the person had committed an offence on the reasonable grounds. Besides, the officer is entitled to conduct search procedure on reasonable grounds as well as in the interest of state law enforcement together by maintaining the interest of privacy of the suspecting persons (laws-lois.justice.gc.ca, 2017). In the present case, Constable Tretiak conducted search procedure on the computer for Bobby Clarke suspecting that the person was carrying some controlled substance with the cigarette believed to be harmful and offensive. Suspecting the possession of controlled substance by the individual, the officer asked the person to provide necessary details for identification and confiscated the cigarette (MacKay Phillips, 2016). The person provided his name, date of birth and prior address which was searched and checked by the officer on computer. Hence, as per criminal code, the search prior to the arrest of Bobby was lawful since it was a reasonable search under offensive suspicion. Analysis of Arrest of Accused Based on the Interim Release Regulations of section 524 under criminal code states the officer is entitled to arrest an accused without warrant if he reasonably believes that the person has contravened any summons or possesses some illegal substance (laws-lois.justice.gc.ca, 2017). Accordingly, in the present case, officer suspected that Bobby possessed controlled substance, which is an illegal material that may be harmful for the interest of society. Therefore, the officer has the authority to arrest the accused before conducting computer checks as per the regulations of section 524(2). Besides, if the officer conducts computer checks then the officer may have the right to arrest the accused by issuing warrant for possessing illegal substance while the officer has the permission to retain the accused for presenting before court. Laying of Charges on the Accused As per the regulations contained in section 6 of criminal code for controlled drugs and substances act, a person can be charged with the following the charges: Actual or personal possession Constructive possession and Joint possession In the given situation, officer found that possession of controlled substance by Bobby was together with his friend, Wayne. Therefore charges on actual possession (already laid by the officer) since Bobby was possessing and believed to be aware of the fact. Additionally, constructive possession charges will be applicable as the accused had knowledge, intention and control over the substance (MacKay Phillips, 2016). As the material was possessed together with the person Wayne, the officer will also lay joint possession charges. Such charges would not make any difference for the answer of question 2. Classification of Offences, Release Prior to the Trial 41 Division is a facility contains central lockup for the detained individuals to be presented at court that consists of provincial and municipal courts. Accordingly, Bobby will be detained in the lockup until he is presented at the court for trials. With respect to the possible release at 41 Division or at a Court, Bobby will be released if the arrest had been made without warrant (laws-lois.justice.gc.ca, 2017). Moreover, if the judge is not able to provide order for detaining the accused in accordance with section 524(4) and there are certain provisions applicable in accordance with the section 517, 518 and 519 under modification for circumstances then Bobby might get release order. If the Constable Tretiak laid additional charges, there would not be any difference since release option is available if the arrest had been made without warrant. Analysis ofSpecific Offences Constable Tretaik might have laid the charges of constructive possession and joint possession on Wayne since Wayne was aware of possession of illegal substance and he was also associated jointly for possession of marijuana cigarettes as controlled substance. It was observed that Wayne also had the knowledge on acquisition of controlled substance carried by Bobby. On the contrary, officer may also lay a charge for actual possession of illegal substance by Wayne even though he carried it on behalf of Bobby under section 6 (MacKay Phillips, 2016). Reference List laws-lois.justice.gc.ca,. (2017). Justice Laws Website - Site Web de la lgislation (Justice). Laws-lois.justice.gc.ca. Retrieved 6 February 2017, from https://laws-lois.justice.gc.ca MacKay, R., Phillips, K. (2016). The Legal Regulation of Marijuana in Canada and Selected Other Countries.