E52| Investigative detention, defiance & attaining compliance.

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In this episode, Mike discusses R. v. Noor, 2022 ONCA 338 where police responded to a 911 report of a man flashing a gun in the waistband of his pants. When police approached the accused — a man matching the suspect description found in the area — he appeared startled and quickly walked away. The  man resisted police efforts to detain him and a violent struggle ensued. In the process of overcoming his resistance, police saw the butt of a handgun inside the man’s jacket pocket. Was this encounter an investigative detention or an arrest? Did the police have the necessary grounds to physically restrain the accused? Was the degree of force used to control him reasonable?  Was the seizure of the handgun lawful?  Listen to discover the answer to these and other questions. 

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