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Updated: Mounties say they had permission to seize arrest video

Yellowknife have released their account of a SA国际影视传媒渟imple arrestSA国际影视传媒 they say turned into a police pursuit, following allegations Mounties forced a filming family to hand over her cellphone.

On Wednesday Dec. 5, around 10 p.m., a lone officer arrived at a city home to arrest 19-year-old Tristan Rabesca for failure to comply with a court order, according to a news release issued by Mounties on Friday.

The Mounties say Rabesca fled on foot when he was told he was under arrest, prompting a pursuit by the officer. During the chase, Rabesca SA国际影视传媒渃ontinued to resist arrest and assaulted a police officer,SA国际影视传媒 the news release alleges.

The officer called for backup and multiple officers responded, stated the news release. Rabesca was taken into custody and subsequently charged with failure to comply with a court order, escaping from lawful custody, resisting a peace officer and assaulting a peace officer.

On the same night, a woman named Patricia Lafferty, who identified herself as RabescaSA国际影视传媒檚 stepmother, took to a popular community Facebook page to recount her side of the story where she said she was able to record part of the arrest on a cellphone.

She wrote that she was recording the cops when they slammed the vehicle's door on her stepsonSA国际影视传媒檚 leg.

Lafferty alleged an officer saw her recording the arrest and tried to take her cellphone away. She wrote that the officer threatened to arrest her if she didnSA国际影视传媒檛 comply. After relenting and handing the phone over, Lafferty alleges a Mountie deleted the cellphone footage. She said Rabesca told her an officer had punched him in the face and that he was bleeding.

Rabesca SA国际影视传媒 with Lafferty in attendance SA国际影视传媒 appeared in YellowknifeSA国际影视传媒檚 Justice of the Peace court Thursday. Rabesca had multiple lacerations on his nose and face.

In FridaySA国际影视传媒檚 news release, stated Rabesca sustained SA国际影视传媒渕inor injuriesSA国际影视传媒 SA国际影视传媒 for which he received medical treatment SA国际影视传媒 as a result of him fleeing from police and the SA国际影视传媒渟ubsequent actions he is charged with.SA国际影视传媒

During the incident, police say an officer deployed a high-voltage conducted energy weapon. Introduced by Mounties in 2001, the Taser is a SA国际影视传媒渓ess lethal intervention option that allows police to protect the public, and the subjects themselves from harm,SA国际影视传媒 according to the SA国际影视传媒檚 website.

Yellowknife SA国际影视传媒檚 account of their contact with Lafferty differs from what she alleged online, along with her later comments to CBC North.

SA国际影视传媒淒uring this event, obtained a video recording made by a bystander, with their permission, as evidence to support the judicial process,SA国际影视传媒 states the news release.

SA国际影视传媒淭he cellphone was immediately returned to the owner.SA国际影视传媒

Lafferty declined to comment when reached by Yellowknifer.

SA国际影视传媒淭his incident highlights the challenges and dangers an officer can be subjected to in the course of their duties,SA国际影视传媒 stated spokesperson Marie York-Condon in FridaySA国际影视传媒檚 release.

SA国际影视传媒淎 simple arrest turned into a pursuit of the subject in freezing cold temperatures over rough terrain. The officer maintained control of a fluid situation and was able to bring the person into lawful custody and preserve the peace. We are thankful the officer only suffered exposure during this encounter and that no one was seriously injured,SA国际影视传媒 stated York-Condon.

Asked on Monday if the phone was turned over freely SA国际影视传媒 without the threat of arrest SA国际影视传媒 to police with Lafferty's permission, and whether or not the footage had been deleted, York-Condon stated, SA国际影视传媒渨e confirm we have a copy of the video, and that it was obtained with the owner's permission.SA国际影视传媒

York-Condon did not specifically address allegations that said permission was achieved through threat of arrest.

York-Condon, citing the Criminal Code, stated officers have the authority to seize evidence without warrant in SA国际影视传媒渆xigentSA国际影视传媒 SA国际影视传媒 demanding SA国际影视传媒 circumstances. That can happen, she wrote, SA国际影视传媒渋f an investigating officer believes there could be a risk or loss of evidence, or to prevent destruction of SA国际影视传媒 evidence.SA国际影视传媒

SA国际影视传媒淐ommon LawSA国际影视传媒 authority also grants officers the authority to request copies of evidence SA国际影视传媒 from a cellphone or security camera SA国际影视传媒 with consent from the lawful owner. If the owner doesn't consent and an officer believes evidence could be lost, a seizure could take place without warrant.

There are no laws that prohibit members of the public from filming or recording police officers executing their duties in public or in an area where the person recording is lawfully allowed to be.

Filming bystanders can't interfere with police work, but the act of simply recording an incident doesn't always constitute obstruction of justice.

Rabesca made a brief court appearance on Tuesday.





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