Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Sgt Exam 2021 > Arrest & Release > Flashcards

Arrest & Release Flashcards

1
Q

Arrest Authority

provides authorities for arrest without warrant by any person.

A

Section 494 of the Criminal Code (CC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

In addition to the authorities to arrest without warrant given to any person in s. 494 CC, a peace officer is given additional authorities under ss.

A

495(1), 524(2), 525(6) and 31(1) CC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

A peace officer may arrest any person who

A

495(1) a) has committed an indictable offence, or a person the officer believes on reasonable grounds has committed or is about to commit an indictable offence
b) the officer finds committing a criminal offence
c) on reasonable grounds, the officer believes is wanted on a warrant of arrest or committal, which is in force within the territorial jurisdiction where the person is found, or
524(2) and 525(6)
d) has contravened or is about to contravene the terms of a criminal release
e) has committed an indictable offence while on release for a criminal offence
31(1) f) is found committing or it is believed on reasonable grounds is about to commit a breach of the peace

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

A police officer shall not arrest a person without warrant for summary conviction, dual procedure or 553 indictable offences where there are reasonable grounds to believe the public interest has been satisfied having regard to all the circumstances including the need to-

A
  • establish the identity of the person
  • secure or preserve evidence
  • prevent the continuation or repetition of an offence
  • ensure that the accused will appear in court
  • ensure the safety and security of any victim or of witness to the offence.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

In circumstances where the public interest is satisfied, an offender must be released-

A
  • unconditionally with no intent to proceed to court
  • unconditionally with intent to seek a criminal summons, or
  • by way of an Appearance Notice (Form 9).
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

A police officer may continue the arrest (summary, dual, indictable 553 offences) of a person where the public interest is not satisfied or for any indictable offence other than dual procedure and 553 indictable offences. The criteria for satisfying the ‘public interest’ are set out in s.

A

497 CC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

As a general rule, police officers are required to obtain a warrant prior to entering a dwelling–house to arrest a person. Entry to a dwelling–house to affect an arrest is prohibited unless-

A
  • the arrest warrant is endorsed with an authorization to enter under ss. 529(1) CC, or
  • the arrest warrant is accompanied by a separate entry authorization warrant issued under s. 529.1 CC, or
  • when there are reasonable grounds to suspect that entry into the dwelling–house is necessary to prevent imminent bodily harm or death to any person, or
  • when there are reasonable grounds to believe that evidence relating to the commission of an indictable offence is present in the dwelling–house and that entry into the dwelling–house is necessary to prevent the imminent loss or imminent destruction of evidence, or
  • in circumstances of fresh pursuit
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Prior to entering a dwelling–house to execute an arrest warrant, members shall, whenever possible, obtain

A
  • an endorsement on the arrest warrant under ss. 529(1) CC, or
  • an authorization warrant (Form 7.1) under s. 529.1 CC.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

In all cases, members shall ensure proper announcement is made prior to entry (identification, purpose of entry, etc.) except

A

• as provided on the warrant, or
• where there are reasonable grounds to believe that prior announcement of the entry would
- expose the officer or any other person to imminent bodily harm or death, or
- result in the imminent loss or imminent destruction of evidence relating to the commission of an indictable offence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Members should be aware that certain restraint positions (i.e. stomach down) might compromise heart and lung functions increasing the risk of death. Unless circumstances make it impossible, persons should be restrained in a sitting position while being closely watched. Use of the sitting position permits easier breathing and cardiac function while affording good positional control over the individual

A

Positional Asphyxia

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Excited delirium is a condition that can be caused by drug or alcohol intoxication, psychiatric illness or a combination of both. Symptoms displayed by persons suffering from the condition may include any combination of

A
  • abnormal tolerance to pain
  • abnormal tolerance to pepper spray
  • acute onset of paranoia
  • bizarre or aggressive behavior
  • disorientation
  • hallucinations
  • impaired thinking
  • panic
  • shouting
  • sudden calm after frenzied activity
  • sweating, fever, heat intolerance
  • unexpected physical strength
  • violence towards others
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Persons exhibiting the symptoms of excited delirium must always be treated as suffering from a medical emergency and once secured, be transported

A

to hospital for examination.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

When dealing with an arrested person who has ingested a potentially harmful substance (e.g. cocaine, methanol, etc.) and appears to require medical attention shall immediately:

A
  • if necessary, and if qualified in standard first aid, perform first aid on that person
  • ensure the person is transported to the nearest hospital
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

When arresting a foreign national-

A

• should not normally arrest a person during a religious ceremony or judicial hearing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Officer in Charge When an arrest has been made shall ensure consideration is given to the public interest in deciding to continue the detention of an arrested person including the need to -

A

 establish the identity of that person
 secure or preserve evidence
 prevent the continuation or repetition of an offence
 ensure that the accused will appear in court
 ensure the safety and security of any victim of or witness to the offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

The right to search a person is of paramount importance to the safety of prisoners, members, and all other persons employed within the criminal justice system. It is critical that officers make a ——————- of the potential risks, ensure that the appropriate type of search is conducted, and that they are diligent while searching persons in custody.

A

proper evaluation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

In December 2001, the _____________made a ruling in the case of R. v. Golden, which directly impacted on the search of person incident to arrest.

A

Supreme Court of Canada

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

The lawful authority for searching a person comes from ______________

A

statute or common law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Supervision

A

Officer in Charge notification mandatory
• after conducting a search at the station
• regarding grounds and circumstances (Strip search)
• there are reasonable grounds to believe the person under arrest has secreted weapons or evidence in a body cavity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Searches

A

All searches of the person should be conducted thoroughly and in a methodical manner. Searches of the person shall not be conducted in an abusive fashion or be conducted to intimidate, ridicule or induce admissions. Regardless of what type of search is undertaken, the dignity and the privacy of a person must always be given consideration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

All searches of the person shall be conducted by peace officers of the __________unless circumstances make it impractical to do so, having regard to the immediate risk of injury, escape, or the destruction of evidence

A

same gender

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

______________states “Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability.”

A

Section 1 of the Ontario Human Rights Code

23
Q

When it is determined that a person cannot be accommodated, the reasons for the determination must be clearly ________ in the memorandum book including all ______________ considered

A

articulated, accommodation options

24
Q

Section 2 of the Canadian Charter of Rights and Freedoms (Charter) gives everyone the fundamental ________________________

A

freedom of conscience and religion

25
Q

Section ____of the Charter states that “everyone has the right to be secure against unreasonable search or __________”.

A

8, Seizure

26
Q

Any item of religious significance identified by a person shall be handled according to the process established in Appendix D, unless circumstances make it impractical to do so, having regard for the….

A
  • immediate risk of injury
  • immediate risk of escape
  • immediate risk of destruction of evidence
  • safety of the member
  • safety of the person
  • safety of the public
27
Q

The Service has a duty to accommodate persons with disabilities under the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act. When required, any infringement of a person’s right to be accommodated must be __________________________________

A

minimal in nature, and no more than is necessary to achieve the desired objective

28
Q

when it is deemed necessary to remove an assistive device from a person with a disability to conduct a search, the device should be returned to the person _____________________________

A

as soon as practicable upon completion of the search

29
Q

When it is determined that a person cannot be accommodated, members must clearly articulate the reasons for the determination in their memorandum book including ___________________________________.

A

all accommodation options considered

30
Q

For a search to be lawful it must be ____________ given all the circumstances and it must be conducted for a_________

A

reasonable and Justified, valid reason

31
Q

Search of a person without Warrant is prima facie unreasonable under s. 8 of the Charter. The onus is on the officers conducting and authorizing a search to demonstrate that the search___________________________

A

is justified in law, necessary and reasonable

32
Q

Strip searches shall not be conducted on persons brought into custody by Toronto Police officers based solely on the grounds that the person may come into contact with other persons in custody. Accordingly, persons in custody who have been Frisk searched are no longer restricted from being placed with those who have been Strip searched

A

note

33
Q

Search Authorities

A police officer may search a person-

A
  • with a person’s consent
  • when authorized by statute
  • after an arrest has been made (common law – incident to an arrest)
34
Q

Consent search generally applies to persons who are not under arrest. A police officer must be able to demonstrate that consent for a search was _______________. A person giving consent for a search must understand the possible consequences of the search prior to giving consent. A Consent search, in most instances, should not be used where ________________________

A

informed and freely given

other lawful authority exists

35
Q

The right to search as an incident to a lawful arrest is found in common law, and has been upheld by the Supreme Court, as long as the search is conducted for a _______________________. (Cloutier v. Langlois, 1990)

A

valid objective and is not conducted in an abusive fashion

36
Q

As an incident to arrest a police officer may search for:

A
  • weapons
  • anything that could cause injury (including drugs and alcohol)
  • anything that could assist in a person’s escape
  • evidence
37
Q

When conducting a consent search of a person shall
• ask for the consent of the person and explain the nature of the search
• inform the person that they have a right to refuse consent
• inform the person of potential consequences of the search, including the possibility that anything seized may be used as evidence
• immediately stop searching the person if consent is withdrawn, unless evidence has been disclosed that would permit continuation pursuant to lawful authorities

A

Note

38
Q

Prior to transporting an arrested person shall

A
  • search the police vehicle prior to placing the arrested person in the vehicle
  • for reasons of safety, ensure the arrested person has been searched except where the search would interfere with the administration of emergency medical assistance
  • every effort should be made, where appropriate, to have the searching officers be of the same gender as the person being searched
39
Q

_______________ means a device used to replace, compensate for, or improve the functional abilities of people with disabilities or for trans or gender diverse persons to affirm gender identity. Assistive device includes a broad range of items such as mobility and visual/hearing aids, orthotics/prosthetics, speech devices, medical supplies, environmental controls and respiratory devices. Prosthetics used to express gender identity include: breast forms, chest binders, gaffs, packers, prosthetic penises and wigs

A

Assistive/Prosthetic Device

40
Q

Means:
a. any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any

degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device;

b. a condition of mental impairment or a developmental disability;
c. a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language;
d. a mental disorder, or;
e. an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act; (“handicap”).

A

Disability

41
Q

________the set of socially classified behaviors, attitudes and norms associated with and roles of men, women, trans people, non-binary people and more. Encompasses gender identity, a person’s internal sense of being a man, woman, both or neither

A

Gender

42
Q

Item of Religious Significance means

A

any item, article, apparel, or clothing a person identifies as having religious importance

43
Q

gender identities outside of the expected binary of men and women.

A

Non-binary

44
Q

means information derived from a member making a determination with respect to the race of an individual by observation, solely on the basis of that member’s own perception.

A

Service Members’ Perception Data

45
Q

the classification of people as male, female or intersex based on a specific combination of reproductive organs, chromosomes and hormones and assigned at birth based on observation of a person’s genitals.

A

Sex

46
Q

is an umbrella term referring to people with diverse gender identities and expressions that differ from their assigned sex at birth. It includes but is not limited to people who identify as transgender, trans woman (someone assigned male at birth who knows themselves to be a woman), trans man (someone assigned female at birth who knows themselves to be a man), non-binary, gender non-conforming, gender variant or gender queer. Some people may consider two-spirit to be a trans identity. Trans persons may or may not make a social transition, have surgery, use prosthetic devices or take prescription medications (such as hormone therapies), to affirm their gender identity. They may or may not have identity documents that reflect their lived identity.

A

Trans

47
Q

The right to search as an incident to a lawful arrest is found in common law, and has been upheld by the Supreme Court, as long as the search is conducted for a valid objective and is not conducted in an abusive fashion.
• Cloutier v. Langlois (Supreme Court of Canada) (1990)
• R. v. Flintoff (Ontario Court of Appeal) (1998)
• R. v. Coulter (Ontario Court of Justice) (2000)
• R. v. Golden (Supreme Court of Canada) (2001)
• R. v. Clarke, Heroux and Pilipa (Ontario Superior Court of Justice) (2003)
• R. v. Mann (Supreme Court of Canada) (2004)
• R. v. McGuffie (Ontario Court of Appeal) (2016)
• R. v. MacPherson (Ontario Native Council on Justice) (2018)
• R. v. Tonkin (Ontario Superior Court of Justice) (2020)

A

note

48
Q

As an incident to arrest a police officer may search for

A
  • weapons
  • anything that could cause injury (including drugs and alcohol)
  • anything that could assist in a person’s escape
  • evidence
49
Q

The _____________ is responsible for ensuring that the type of search appropriately addresses the risk factors associated to the current arrest including those related to the person, and logistical issues such as the type of transportation and contact with others that this individual is expected to encounter

A

Officer in Charge

50
Q

Strip Searches

In 2001, the ________________, in the matter of R. v. Golden, while upholding the common law right to search a person who had been lawfully arrested, placed restrictions on police officers contemplating Strip searches.

A

Supreme Court of Canada

51
Q

Where reasonable grounds exist to conduct a Strip search, a Strip search shall be conducted. Where reasonable grounds do not exist for a Strip search, ___________ shall only be conducted

A

a Frisk search

52
Q

The Supreme Court has ruled that Strip searches in the field will only be justified where there is a ___________________to search for weapons or objects that could be used to threaten the safety of the accused, the arresting officers or other individuals. In this case, officers would have to show why it would have been unsafe to wait and conduct the search at the police station

A

demonstrated necessity and urgency

53
Q

Strip searches shall not be conducted in the field for the sole purpose of ___________________

A

preserving evidence

Sgt Exam 2021 (47 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions