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Canadian Security Guard Fundamentals · Question

A security guard, while conducting a routine patrol inside a privately owned shopping mall, observes a person actively spray-painting graffiti on a store's exterior wall. The guard apprehends the individual and discovers a small quantity of what appears to be crystal methamphetamine during a pat-down for weapons. Which of the following is the most appropriate and legally sound action for the security guard to take regarding the suspected controlled substance?

Under Section 494 of the Criminal Code of Canada, a private citizen (including a security guard) can arrest without warrant for an indictable offence or an offe

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Question: A security guard, while conducting a routine patrol inside a privately owned shopping mall, observes a person actively spray-painting graffiti on a store's exterior wall. The guard apprehends the individual and discovers a small quantity of what appears to be crystal methamphetamine during a pat-down for weapons. Which of the following is the most appropriate and legally sound action for the security guard to take regarding the suspected controlled substance?

Answer options: ✅ Confiscate the substance, secure it in an evidence bag, and turn it over to the police upon their arrival along with the suspect.

  • Immediately dispose of the substance to prevent its reintroduction into the community, then await police arrival for the graffiti offense.
  • Take a photograph of the substance as evidence, return it to the individual, and document the observation for police.
  • Instruct the individual to dispose of the substance themselves before police arrive, focusing solely on the mischief charge.

Correct answer: Confiscate the substance, secure it in an evidence bag, and turn it over to the police upon their arrival along with the suspect.

Explanation: Under Section 494 of the Criminal Code of Canada, a private citizen (including a security guard) can arrest without warrant for an indictable offence or an offence for which they find a person committing. Upon lawful arrest, a security guard can conduct a limited search for safety purposes, and any contraband discovered incidentally should be seized and turned over to the police as evidence. Disposing of evidence, returning it, or instructing the individual to dispose of it could lead to charges of obstructing justice or other serious offences.

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