Chapter 4 - Legal Powers of Police

Question 1

What is common law?

Answer 1

Judicial precedent.

Question 2

What is legislative law?

Answer 2

Legislation that has been put in place and enacted in the form of statutes.

Question 3

What impacts did the Charter of Rights and Freedoms have on police powers?

Answer 3

It allowed them to detain and arrest, search and seize, and to use force.

Question 4

What does the Charter say on the subject of detention and arrest?

Answer 4

Police cannot arbitrarily detain or imprison without just cause.
Those detained or arrested have the right to know why and have the right to retain and instruct counsel without delay.

Question 5

What is habeus corpus?

Answer 5

The offender’s ability to ask the court to determine if they are being lawfully held.

Question 6

What rights do police have when it comes to detention?

Answer 6

Police have the right to detain, question, and search a suspect for investigative purposes before making an arrest.

Question 7

When are police officers allowed to search detainees?

Answer 7

When they believe the detainee might have a weapon or means to cause harm to the officers or the public.

Question 8

What is the ancillary powers doctrine?

Answer 8

The judges ability to expand police powers.

Question 9

What do police need in order to detain someone?

Answer 9

A link between them and an ongoing crime investigation.

Question 10

If not arrested, what are people issued?

Answer 10

Either a summons or an appearance notice.

Question 11

What is the difference between an appearance notice and a summons?

Answer 11

An appearance notice happens before a laying of information, a summons is Justice of the Peace sanctioned and is done after the laying of information.

Question 12

When are people arrested? (Not given a summons or appearance notice)

Answer 12

When they are thought to be unlikely to answer the appearance notice/summons.

Question 13

What do police need to do in order to obtain a warrant for arrest?

Answer 13

They must lay the information before a Justice of the Peace, and the JP must believe it is likely that the arrestee is guilty.

Question 14

When can police arrest without a warrant?

Answer 14

If the suspect is caught in the act or the suspect has committed or is about to commit an indictable act.
OR
If the officer believes the individual will fail to appear in court or if arrest is “necessary in the public interest.”

Question 15

What are the rights of the detained and arrested?

Answer 15

• To be informed of reason for detention or arrest
• To retain and instruct counsel without delay (and to be informed of this right without delay)
• To be informed of legal aid and duty counsel programs, as well as, a toll-free number for legal counsel if needed.
• To remain silent.

Question 16

What are the stipulations to the right to legal aid?

Answer 16

• If you want a lawyer to defend you, you have to apply for one to officially be appointed.
• Just because you can’t afford a lawyer, doesn’t mean the state must provide one for you.
• Just because you get an initial consult, doesn’t mean you have an absolute right to have a lawyer present during questioning.

Question 17

What are the stipulations to the right to remain silent?

Answer 17

• Just because you are silent, doesn’t mean they have to stop questioning you.
• Statements may be used at trial.
• Confessions must be made freely and voluntarily.

Question 18

When are search warrants required?

Answer 18

When the search involves secret recordings, video surveillance, wiretaps, perimeter searches of residence or vehicles, installation of tracking devices, or taking of bodily fluids.

Question 19

What stipulation is there to the requirements for search warrants?

Answer 19

If you are pulled over by a police officer, then they can look through the window for suspicious items. But if nothing incriminating is seen, they need a warrant to search further.

Question 20

What is required for a warrant to be issued?

Answer 20

The JP must believe that relevant evidence will be found at the scene.

Question 21

Do anonymous tips constitute a reason to obtain a search warrant?

Answer 21

No.

Question 22

When are search warrants not required?

Answer 22

• When consent is given.
• While making an arrest
• When an officer is searching for a weapon
• To prevent the destruction of evidence.
• When the officer is legally in view of the evidence.

Question 23

What is the doctrine of plain view?

Answer 23

If the officer is in the position to see something illicit, then a warrant is not necessary.

Question 24

When are police not required to announce themselves?

Answer 24

When it may lead to the destruction of evidence.

Question 25

What is entrapment?

Answer 25

When police convince someone to commit a crime they normally wouldn’t commit without pressure.

Question 26

Regarding entrapment, concerns have been raised concerning what?

Answer 26

The distinction between catching habitual criminals and creating situational criminals.

Question 27

What is being done to prevent the creation of situational criminals?

Answer 27

People cannot be targeted at random, they must be suspected of involvement in an ongoing crime.

Question 28

If it is believed that evidence was obtained unlawfully or an arrest was made without good reason, what legal remedies are available?

Answer 28

• Illegal evidence may be excluded from the case.
• “Abuse of process” is a viable defence.
• Judges may stay proceedings.
• Judges may require the Crown to pay the offender’s legal fees.

Question 29

What principles guide police use of force?

Answer 29

Proportionality, necessity, and reasonableness.

Question 30

What is the principle of proportionality?

Answer 30

A principle of 1 + 1. They can use one level of force above what they are being confronted with.

Question 31

What was wrong with early models of police’s use of force?

Answer 31

They were highly variable and inconsistent, as well as rigid and linear.

Question 32

What is meant when it is said that the early models were linear?

Answer 32

They were unidirectional; they went from no force on one end of the spectrum to lethal force on the other.

Question 33

What is the National Use of Force Framework (NUFF)? What does it focus on? What type of model is it based around?

Answer 33

A model introduced to fix the problems of the old models of police force. It focuses on the dynamic nature of policing and has a circular model.

Question 34

What does the National Use of Force Framework (NUFF) require the officer to consider?

Answer 34

The situation, the subject’s behaviour, the officer’s own perceptions and tactical considerations.

Question 35

What does the situation that an officer considers using the NUFF consist of?

Answer 35

The environment, number of subjects, perception of subject’s abilities, prior knowledge of the subject, time for backup, distance to cover, potential attack signs.

Question 36

What categories make up the subject’s behaviour (NUFF)?

Answer 36

Cooperative, non-cooperative, resistant, combative, potential to cause grievous of bodily harm.

Question 37

What is the definition of a cooperative subject?

Answer 37

Compliant and responds positively to verbal commands.

Question 38

What is the definition of a non-cooperative subject?

Answer 38

Fails to follow directions, but shows little to no physical resistance.

Question 39

What is the definition of a resistant subject?

Answer 39

Actively resists the officer’s commands and attempts to control the subject.

Question 40

What is the definition of a combative subject?

Answer 40

Attempts, threatens, or applies physical force with the intent to to resist or cause injury.

Question 41

What is the officer’s perception and tactical considerations also known as?

Answer 41

Force response options.

Question 42

What makes up the continuum of force response options?

Answer 42

Officers presence -> communication -> physical control -> intermediate weapons -> lethal force.

Question 43

Which force response option is used the most to deal with situations?

Answer 43

Communication, overwhelmingly so.

Question 44

Within the physical control force response option, there are hard and soft tactics; what differentiates them?

Answer 44

Soft methods involve joint locks, various restraining techniques, and handcuffs.
Hard methods involve punches, kicks, and choke-holds.

Question 45

About what percentage of situations require physical control?

Answer 45

Fewer than 1%.

Question 46

What do the intermediate weapons option of the force response options involve?

Answer 46

TASERs, pepper spray, tear gas, batons.

Question 47

What is less-lethal force?

Answer 47

Force that is highly unlikely to cause serious injury or death to an individual if properly applied.

Question 48

What is lethal force?

Answer 48

Use of weapons or techniques that are intended to, or reasonably likely to, cause grievous bodily harm or death.

Question 49

What is the incidence rate for situations that require lethal force?

Answer 49

Fewer than 10 cases per year.

Question 50

What do most cases of use of lethal force involve?

Answer 50

Either individuals who just committed a serious crime, or suicide by cop.

Question 51

What is “suicide by cop?”

Answer 51

Where police are provoked into killing a person by that person.

Question 52

Of all the lethal force cases per year, what proportion are suicide by cop?

Answer 52

3-4 of the 10 cases per year.

Question 53

What is critical incidence stress?

Answer 53

When an officer is stressed about killing someone.

Question 54

What does research suggest about critical incidence stress in police officers?

Answer 54

It is lower than you would expect.

Question 55

What reasons could account for such low critical incidence stress?

Answer 55

The “us vs. them mentality” that many police officers have, or they are just well prepared.