Provincial Offences Procedure Act, SNB 1987, c P-22.

1 Citation to this version: Provincial Offences Procedure Act, SNB 1987, c P-22.1, <http://canlii.ca/t/51vgm>

Arrest 119(1)A peace officer who has reasonable and probable grounds to believe that a person is committing or has committed an offence may arrest that person without warrant if the peace officer has reasonable and probable grounds to believe that the arrest of the person is necessary in the public interest.

119(2)The peace officer, when considering whether it is necessary in the public interest to arrest a person, shall consider all of the circumstances, including the need to (a)establish the identity of the person, (b)secure or preserve evidence of or relating to the offence, (c)prevent the continuation or repetition of the offence or the commission of another offence, or (d)prevent the person from evading, by leaving the Province or otherwise, the jurisdiction of the court, whether in relation to the prosecution of the offence or the enforcement of sentence. 1990, c.18, s.67. 122A peace officer who arrests a person shall promptly inform that person of the reason for the arrest and of the right to retain and instruct counsel without delay. 123(1)Where a person is arrested without warrant, the peace officer shall, as soon as practicable, release that person unless the peace officer has reasonable and probable grounds to believe that it is necessary in the public interest, having regard to all of the circumstances including those circumstances referred to in paragraphs 119(2)(a), (b), (c) and (d), for the defendant to be detained. 123(2)A peace officer who releases a person under subsection (1) may serve that person with a ticket or an appearance notice. Search and Seizure 133(1)A peace officer may search a person who consents to the search. 133(2)A peace officer may search a person as an incident of arrest. 1990, c.18, s.75. 134(1)A peace officer may search any place, container or vehicle with the consent of a person who is present and apparently has authority to consent to the search. 134(2)A peace officer may search any place, container or vehicle when authorized to do so by a search warrant.

135(1)A peace officer may search, without warrant, any vehicle or container if the peace officer believes, on reasonable and probable grounds, that there is in or upon the vehicle or container an item of evidence and that it is impracticable in the circumstances to obtain a search warrant. 135(2)Where the vehicle referred to in subsection (1) is moving, the peace officer may stop it. 135(3)An operator of a vehicle who fails or refuses to comply with a signal to stop made by a peace officer for the purposes of this section commits a category F offence. 136(1)A peace officer may seize (a)any item of evidence the peace officer finds during a lawful search, (b)any item of evidence found in plain view in a place where the peace officer lawfully is, and (c)any weapon or any implement that could be used to effect an escape that the peace officer finds during a search under subsection 133(2). 136(2)Where a person who is a peace officer by virtue of paragraph (b) of the definition peace officer finds (a)during a lawful search, or (b)in plain view in a place where that person lawfully is, an item of evidence in respect of an offence under an Act that the peace officer is not authorized to enforce, the peace officer may seize it. 137A peace officer has no power to search any person, place, vehicle or container for an item of evidence except (a)the powers given under this Act, (b)the powers given by any other Act which authorizes a search to be carried out in accordance with this Act, and (c)the powers given under (i)section 56.4 of the Crown Lands and Forests Act, (ii)sections 21.2 and 21.3 of the Fish and Wildlife Act, (ii.1)subsection 25(2) of the Protected Natural Areas Act, and (iii)section 33 of the Quarriable Substances Act, (d)any powers given by common law or statute in relation to persons lawfully detained or held in lawful custody. 1991, c.Q-1.1, s.42; 2003, c.P-19.01, s.40; 2004, c.12, s.54. 138(1)A peace officer who has reasonable and probable grounds to believe that there is an item of evidence in or upon any place, container or vehicle may apply to a judge for a search warrant.