Virtually everything a police officer does is done with an authority. Along with each authority, also comes limitations.
Read more: Maidstone Kin Club honours newest Life Member
We have been granted authority to carry a duty pistol that is not allowed to be possessed by any firearms owners, but, if I want to purchase or possess a .22 rifle, I am still required to possess a firearms licence.
Now at the same time, I do have authority to possess other firearms during the course of my duties. However, this whole authority thing does create misunderstandings and sometimes confusion with our clients.
I often recommend officers provide explanations to complainants that specifically center on authorities.
Often an officer will explain they can’t do something being asked of them and this can be confused with the officer being seen as refusing to help.
A common example is when a person comes to us for retrieval of property. Taking someone else’s property is theft, unless there is an authority allowing it.
When we arrest a person for uttering threats via an electronic means with their cell phone, the Criminal Code affords authority to seize their phone as it may provide evidence of the offense.
However, we can’t keep their money, cigarette lighter or gum. The authority restricts us to seizing items related to the offense or if the items are illegal to possess.
In the case of any property we seize, we must now complete a Report to Justice and list all items seized within a time limit.
We must also secure the items, further document them, and maintain a chain of custody. At the end of this, a judge will make a decision on the disposition of all items seized.
Authorities extend into nearly every duty officers complete, and most often, they are derived from statutes or Case Law.
I’ll explain Case Law in a future article but statutes are where the majority of authorities come from.
As Lloydminster is on a border, we have to contend with two sets of provincial statutes in addition to over 250 federal statutes.
I am still adjusting to the dual province situation, so I am currently more familiar with Alberta statutes.
The Alberta Traffic Safety Act authorizes officers to stop vehicles for certain things, even when no observable offense has been committed.
Checks for sobriety and current documents are a couple of the reasons why these can be legally conducted. These stops do not authorize an officer to search the vehicle unless an offense is being committed, that then provides an authority to search.
Police can not arbitrarily enter a residence, however, there are exigent circumstances that do authorize entry without a warrant.
This includes the preservation of life or evidence. Search warrants provide authority to search but at the same time, have limitations based on the suspected offense(s).
So, if you are told by a police officer that they can’t do something, in all likelihood, they don’t have an authority to do what is being asked of them.
– Staff Sgt. Jerry Nutbown, is the NCO in charge of the Lloydminster RCMP detachment’s General Investigation Section. Stay tuned for future articles from the Lloydminster RCMP.
This column was originally published in the Sept. 5, 2024, edition of the Meridian Source.
Read more: Women’s event gives hope to youth
