In Service:10-8 a Peer Read Publication
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View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by British Columbia's network of post-secondary digital repositories POLICE ACADEMY 715 McBride Blvd. New Westminster B.C. V3L 5T4 IN SERVICE:10-8 A PEER READ PUBLICATION A newsletter devoted to operational police officers across British Columbia. IN MEMORIAL On November 26, 2004, 49 year-old Ontario On November 13, 2004, Provincial Police Constable Michael John Siydock 39 year-old RCMP suffered a fatal heart attack while investigating Auxiliary Constable Glen a motor vehicle accident on Highway 401, near Evely was killed when his Milton, Ontario. Other officers and medical patrol car was struck by a personnel at the scene immediately began CPR. stolen pickup truck He was then transported to a local hospital where he was pronounced dead. following a police pursuit in Vernon, British Constable Siydock had served Columbia. Other officers had initiated the with the Ontario Provincial pursuit at approximately 0215 hours after Police for 7 years and had receiving reports of a drunk driver. When they previously served as a located the vehicle they determined that it had conservation officer been stolen the night before. When the officers attempted to stop the truck the driver sped The preceding information was provided with the away. The pursuing officers broke off the chase permission of the Officer Down Memorial Page: shortly after it began as a result of the available at www.odmp.org/Canada suspect's reckless driving. Even though the chase had been terminated the SEASON’S GREETINGS driver continued to flee. At the intersection of The staff at the Police 29th Street and 30th Avenue, in Vernon, the Academy would like to wish driver ran a red light and struck the patrol car our “In-Service:10-8” Auxiliary Constable Evely was riding in. Auxiliary readers and their families all Constable Evely was pronounced dead at the the best for this holiday scene. His partner was transported to a local season. Once again, it has been a pleasure hospital in serious condition. Both suspects in serving British Columbia’s police officers, and the stolen vehicle were also taken into custody. our other readers across Canada, by bringing Auxiliary Constable Evely and his partner were them up-to-date on many of the issues facing aware of the earlier pursuit but had not been them daily as they go about protecting and involved with it and were not attempting to serving the citizens of their communities. May locate the vehicle at the time the incident you have a safe and blessed Christmas and all occurred. the best in 2005. Remember, In God we trust…all others we run on CPIC! Auxiliary Constable Evely had served with the RCMP for 2 Note-able Quote years. He is survived by his wife and two children. Only a fool would risk their life without a reason—the Lone Ranger Volume 4 Issue 6 November/December 2004 HIGHLIGHTS IN THIS ISSUE FINDING FUN IN FITNESS Pg. Sgt. Kelly Keith, JIBC Search Warrant Provision Adequate 3 Safeguard for Physio Records There is always controversy on stretching and its benefits—when it is most appropriate and Family-Visit Unit a ‘Cell’ for Prisoner Search 5 how long to hold stretches for. Intent to Drive Relevant, but not Sole Factor 7 Here's a re-cap of the most recent studies: in Care & Control 1. Stretching should be No-Knock Entry Violates Charter 9 individualized according to Request for ID not a Detention 9 the individual athlete and their needs; Robbery Test Partly Subjective & Objective 12 Whole Picture Must be Considered for 13 2. For most benefit hold the stretch for a minimum 15 seconds; Search Warrant BC Police Honoured 14 3. Stretching is most beneficial at the end of your work-out; Bar ID Check for Warrants Unconstitutional 18 4. There are no studies to indicate that 9-1-1 Entry Logical & Lawful 18 stretching will reduce injuries; Hunch Insufficient for Investigative Detention 21 5. Active warm-ups reduce injuries; and Fraser Valley Law Enforcement Conference 24 Unless otherwise noted, all articles are authored by 6. Stretching and range of motion for an Sgt. Mike Novakowski, MA (Abbotsford Police). The athlete can and usually will increase performance. articles contained herein are provided for information purposes only and are not to be construed as legal or Stretching routines should be designed to other professional advice. The opinions expressed are achieve one of four things: not necessarily the opinions of the Justice Institute of British Columbia. “In Service: 10-8” welcomes your 1. maintain or improve range of motion; comments on or contributions to this newsletter. If you 2. be free of pain; would like to be added to our electronic distribution list 3. recover from injuries that restrict e-mail Mike Novakowski at [email protected] flexibility; and National Library of Canada Cataloguing in 4. achieve sport-specific goals. Publication Data A good stretch is defined as "when you can Main entry under title: perform a stretch but it doesn't hurt." In service:10-8. -- Vol. 1, no. 1 (June 2001)- Monthly. Don't forget—if you are lifting Title from caption. weights—the negative portion of "A newsletter devoted to operational police officers across British Columbia." the exercise is often more vital ISSN 1705-5717 = In service, 10-8 than the positive part. Try to spend twice as much time 1. Police - British Columbia - Periodicals. 2. Police – lowering the weight as you did Legal status, laws, etc. – Canada – Cases – Periodicals. lifting it! I. Justice Institute of British Columbia. Police Academy. II. Title: In service, 10-8. III. Title: In service, ten - eight. ABS: If you are bracing your feet IN or UNDER anything at the same time you are working your 2 www.jibc.bc.ca Volume 4 Issue 6 November/December 2004 abdominal muscles, you are losing a large portion control is whether the accused engaged in “acts of the benefit and working which involve some use of the car or its fittings other muscles. If you like the and equipment, or some course of conduct AB rollers, think about how associated with the vehicle which would involve a you are moving your upper risk of putting the vehicle in motion so that it body to the curl. Most people could become dangerous.” The unanimous Ontario use their LATS to do this Court of Appeal allowed the appeal, set aside the movement on AB rollers and conviction, and ordered a new trial. thus are not working their In the justices’ view, there was no risk of danger ABS by opening the passenger door and placing a package inside the car just before his arrest. ORIGINAL CARE & CONTROL The judge failed to analyze or address what may BROKEN, BUT NEVER have happened, based on the accused’s earlier REASSERTED course of conduct, if he was not arrested. Since the trial judge had earlier found a break in care R. v. Pike, and control, there was no indication that the (2004) Docket: C40852 (OntCA) accused intended to resume driving by simply opening the door and placing the package inside. The police located the accused’s car parked at a liquor store Complete case available at www.ontariocourts.on.ca after a carwash attendant reported its driver appeared SEARCH WARRANT PROVISION impaired. The officer saw the accused approach the car—with keys in hand—open the passenger ADEQUATE SAFEGUARD FOR side door and place a bag of liquor inside the car. PHYSIO RECORDS The officer then approached the accused and R. v. Serendip Physiotherapy Clinic et al, asked him whether he had been drinking. He (2004) Docket:C40275 (OntCA) denied drinking that day, but said he had been drinking the evening before. A roadside The police, investigating screening test was administered and the accused fraudulent and exaggerated failed. He was then arrested and provided claims and payments on motor samples over the legal limit. vehicle accident victims, executed a search warrant for patient At trial in the Ontario Court of Justice, the information at a physiotherapy clinic. The judge found that when the accused parked his warrant, issued by a justice of the peace, was vehicle and left it to go into the liquor store, quashed by the Ontario Superior Court of care and control had been broken. However, in Justice because no special post-seizure the judge’s view, care and control had been conditions were imposed to protect the medical reasserted when he returned, keys in hand, records. In Justice Ferguson’s view, since there opened the door, and placed the bag inside. The was a concern about the privacy of health accused was convicted with care and control over records, the patient records must be 80mg%. immediately sealed, notice must be given to all The accused appealed to the Ontario Court of affected parties, and a hearing should be held to Appeal, arguing the trial judge erred in holding determine if the seized records should be that the accused had care and control. Short of disclosed to the police. Since these rigid actual driving, the relevant test for care and Volume 4 Issue 6 www.jibc.bc.ca 3 November/December 2004 conditions were not followed, the issuing judge that a properly issued search warrant, meaning did not have jurisdiction to issue the warrant. a search warrant that was obtained in accordance with the requirements set out in On appeal by Crown, the Ontario Court Appeal s.487, authorizes an unreasonable search and ruled that the Ontario Superior Court of Justice seizure.