What is the test for determining whether an arrest was lawful?
British Columbia, Canada
The following excerpt is from R. v. C. (T. A.), 1994 CanLII 3093 (BC CA):
12 The trial judge then set about to determine whether the arrests were lawful. The question for the trial judge was whether the arrests were based on reasonable and probable grounds. She carefully instructed herself in accordance with the test in Storrey v. R. (1990), 1990 CanLII 125 (SCC), 75 C.R. (3d) 1 @ p. 9, i.e. that the police officer making the arrest must not only believe that he-or-she has reasonable and probable grounds to arrest, but that those grounds must be reasonable and probable to an objective observer.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What factors will be considered by the courts when determining whether a plaintiff would be entitled to a general rule of common law common law costs under s. 3 of the Rules of Civil Procedure? (British Columbia, Canada)
What is the common law and common law respect to the power of the police to search a lawfully arrested person? (British Columbia, Canada)
What factors will the Law Society of BC consider when determining whether to take disciplinary action against a former employee of the law society? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
What are the factors used by the Law Society of BC to determine whether a professional misconduct claim against a lawyer who delayed taking substantive steps to advance his client's action for over four years? (British Columbia, Canada)
What are the relevant factors for determining whether either of two possible jurisdictions would be suitable for the determination of issues raised by the litigation at issue? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
Is there any case law or case law supporting the use of historical income figures for purposes of determining the value of individual income? (British Columbia, Canada)
What is the common law common law obligation of a landowner at common law to do anything with regard to a natural watercourse? (British Columbia, Canada)
What is the test for determining whether a contract is enforceable in circumstances where the contract states that a particular law will govern the contract? (British Columbia, Canada)
