[Language]

Originally Posted by Bent Wookie

To answer your question, yes and no. Police can detain someone they reasonably suspect of a crime. Known as investigative detention, it is generally used when a recent crime has occured and several objective factors have led the officer to this suspicion. For example, a local corner store gets robbed and the store owner gives only a vague description and direction of travel. An officer comes across a person that slighty resembles the suspect and is in the general area. Detention would be reasonable under the circumstances. The issue arises then- can this subject be searched? Yes. However, he CANNOT be searched for one of the 3 reasons I mentioned above (evidence, weapons, items to facilitate escape) and can only be searched as a matter of affording the officer some degree of safety. Further, it is only limited to a pat down search.

As for detaining and searching someone in the ACT of commital, yes, you can arrest (detain) and search for the 3 reasons mentioned above.

You are correct. Citizens and security guards do have powers of arrest. However, they are limited to arresting only for indictable offences (includes indictable and dual procedure offences) that they observe. It also includes a continuity clause meaning that they must continue ot keep the suspect in plain view. Only police officers can arrest, after the fact, based upon reasonable grounds.

Thanks for clearing that up. Makes sense now.