On Monday July 19^th, 2021, you are a uniform officer with the Kingston Police assigned to uniform patrol in the downtown core of the city. At approximately 3:30 p.m., you are walking through the grounds of a city park. While walking near a picnic area, you observe a male and female arguing and shouting on an exterior patio. You determine the argument involves the female’s claim that her former boyfriend is stalking her. The male disagrees and states that they are still together.

You later determine the female party to be Debbie Weston, 20 years of age, a second-year Queens University student who resides off campus in the downtown core of Kingston. You later determine the male to be a former boyfriend. He identifies himself to you as Brian Dorset, 21 years, a third-year Queens University student who also resides off campus in the downtown core of Kingston, but not with Debbie.

Debbie provides you her phone and you can view several troubling text messages that she alleges were sent to her from Brian’s cell phone. You are able to determine that the messages are in fact initiated from Brian’s personal cellular phone.

You later determine that both individuals are 10:60 on CPIC and have had no prior involvement with the Special Constable Service on the internal data records.

Based on the video you watched, your work now begins, “It’s your move officer.”

Questions:

1. Do you have the authority to arrest Brian Dorset? If so, what is your authority?
2. What are the facts in issue in this scenario?
3. What is/are the offence(s) committed by Brian Dorset?
4. Can you release Brian Dorset? If so, what would be the appropriate release authority for him?
5. In verifying that the text messages to the victim came from Brian Dorset’s cellular phone, what lawful authority would the arresting officer have to search Dorset’s cell phone for verification?

1200 words total