What is the test for determining if a police officer has a reasonable and probable grounds for arrest?
Ontario, Canada
The following excerpt is from R. v. Rees, 2017 ONCJ 926 (CanLII):
[36] Next it must be determined if that subjective belief was justifiable on objective overview or review. The objective overview test is tried and true. Would a reasonable person placed in the position of the officer be able to conclude there was reasonable and probable grounds for arrest? Regina v. Storrey, 1990 CanLII 125 (SCC).
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