CHAPTER 5 Flashcards
Explain the process of obtaining a search warrant or arrest warrant.
The police must visit a Justice of the Peace or Provincial Court Judge
The police must swear an Affidavit
Affidavit
- A written statement confirmed by oath or affirmation, for use as evidence in court
- Police swear by this when they become officers. Everything they are saying is the truth.
What are 2 instances where the police don’t need a warrant to search a suspect?
- Under arrest; police officers can search for weapons or additional evidence
- Reasonable grounds; officers can search if they believe someone is carrying a prohibited weapon or illegal substances.
Why has the profession of being a police officer become more difficult in the past decade?
- Changing social views
- Racist
- Look down on minorities
- “Fascist pigs”
- Phones
- Recorded interactions
- Under extreme public scrutiny
How do the police use their physical presence in our community in positive ways?
- Community presence and involvement
Ex: RCMP Basketball Tournament - Protecting neighbourhoods
Different levels of interaction that can lead up to DEADLY FORCE:
- Presence
- Verbal warning
- Restraining hands without handcuffs
- Batons, pepper spray, taser
- Shooting
What legal documents “handcuffs” police officers during active duty?
Charter of Rights and Freedoms
Police can arrest based on reasonable and probable grounds. Name 3 ways how the police can arrest you.
- Appearance Notice
- Need name, ID, address, identity
- Not a harm to society or oneself - Arrest at Scene
- Police must announce their presence, show proof of badge, identify their rights as an officer
- Need to know why one is being arrested- young offenders have more rights when arrested - Arrest Warrant
- Document encouraged by the government
- name of an accused, the offence that the accused is alleged to have committed
- Authorizes the police to arrest the accused and bring him or her before the court.
Why is a Citizen’s Arrest problematic?
- The citizen could arrest the wrong person
- The citizen could be charged with assault for using excessive force
- The citizen’s own life could be in danger
Detained
You are being detained as soon as a police officer restricts your liberty, either through physical or psychological means. The police need to find out some more information about how you were involved
Arrest
If you are arrested, it means the police think you may have been involved in a crime. The action of seizing someone to take into custody.
3 examples of evidence that can be found at a crime scene in the 16x9 program
- Weapons
- Blood traces
- Footprints
- Fingerprints
What is the role of a crime scene investigator
- To document the crime scene
- They put together evidence and test any DNA traces
If you have been arrested as an adult offender, list 4 rights that are protected under the Charter
Right to a Lawyer
- Right to remain silent
- The right not to be arbitrarily detained or imprisoned and to be secure against unreasonable search and seizure.
-The right to be informed promptly of the reason you have been arrested or detained.
How are rights as a Young Offender more protected?
- Right to privacy and special safeguards when a youth is questioned by the police.
- Adult presence and lawyer presence.
- Young offenders must be separated from adult offenders while in custody.
Full disclosure
Obligation of both parties to disclose the whole truth regarding any significant aspect of a business transaction
Recognizance with or without a Surety
When applying for bail, recognizance is the offender’s promise to the court to attend all hearings and follow the bail rules.
Surety: Person or party responsible for the debt or financial responsibility of another party
Without A Surety: Only the offender makes the promise and is responsible for themselves
With a Surety: There is another person, such as a parent or significant other who makes that same promise to the court to take responsible for the offender
Bail
Temporary release of the accused while waiting for trial, with money promised to ensure they show up in court.
CONDITIONS
- Abstaining from certain activities such as alcohol, drugs, intoxicants
- Abide by a curfew
- Refrain from possession of weapons
- Depositing of passport and/or other travel documents
- If broken they can be charged with breach of bail and be prosecuted
Plain View Doctrine
- The police must have legitimate prior justification for the intrusion where the “plain view” seizure takes place
- The evidence must be in plain view and immediately obvious
Reasonable Force
Appropriate level of physical force that the law enforcement individual may employ under a threatening situation to protect themselves, others, or loss of property
Excessive Force
Force that exceeds what is necessary to gain compliance or control a situation
Ex. Taser
Preliminary Hearing
- Held by the court to decide whether there is enough evidence to send the case to trial
- Only held for indictable offences
Plea Bargain
Agreement by the accused to plead guilty, and give testimony in return for the promise of some benefit
