Chapter 5 Flashcards
What has been the most influential development to Police powers ?
The Canadian Charter of Rights And Freedoms is the most influential development to police powers since it guarantees certain rights and powers citizens can have over police officials.
Is the Canadian Charter of Rights And Freedoms absolute ?
No, it is not absolute since the very first section specifically guarantees these rights but only to such reasonable limits.
What is the anti-terrorism act ?
It is a act that allows for police officials to essentially forget about the Charter and leave citizens without rights because as soon as the word “terrorism” is mentioned then the absolute objective is for the safety of the nation.
What is an arrest with a warrant ?
It is a warrant that allows the police to arrest the specific person that is mentioned in the warrant and it has to be approved by a judge
What are the 3 ways in which the police can arrest without a warrant ?
- The individual is caught in the act of committing the offence.
- The police believes that the individual HAS just committed an INDICTABLE OFFENCE.
- The police believes the individual is ABOUT to commit an INDICTABLE OFFENCE.
These 3 all fall within the “reasonable” believe
Can an individual who has been caught in the act of committing a summary conviction offence be arrested without a warrant?
Yes, the police can arrest an individual if he/she is caught in the act of committing an offence ( Summary O or Indictable O)
What is section 8 of the charter ?
Section 8 guarantees that we are save against unreasonable search or seizure.
What is section 24 of the charter ?
Section 24 of the charter guarantees that if we believe we have had our rights infringed upon, then we can apply for a remedy.
Can police search an individuals premises or search us whenever they like ?
No, usually when the police wants to search or enter a premises they obtain a search warrant that is issued by justice peace (JP)
What are the 2 ways in which the police can search a premises or search a person without a warrant ?
- When doing a lawful “pat down” and at the time the police officer discovers a weapon on the individual then for their own protection they can touch the individual.
- For premises, the police can enter without a search warrant if it is an emergency. ( Someone calls 911 and it hangs up quickly but the operator heard screaming in the background so the police suspects the worse )
What is “entrapment” ?
A person ends up committing an offence he or she would not have otherwise committed, largely as a result of pressure or cunning on part of police.
Example : When the police or a certain police officer goes off-duty and pretends to be a buyer of drugs and gets in contact with a dealer and when he gets the drugs, arrests the dealer.
What are “Mr. Big Operations” ?
An example of this operation would be that Mr. Big is a fake crime boss ( Created by the police ) in which the only way to contact him or make business with him is to “admit” bad, illegal stuff you have done to prove yourself to him.
What are the 4 guidelines for the “use of force” ?
- Legal duty
- Reasonable grounds
- Only use as much force as necessary
- Any excessive use from a police officer will be held responsible
What is the one-plus-one standard ?
The “One Plus One” theory of escalation advocates that the officer may use only one level of force greater than the level of resistance used by the subject.
What are the levels of force intervention ?
- Officer presence, an officer just being there scares some ppl from committing
- Dialogue, talk to the offender, try to calm them
- Empty hands, push away individuals, restrain indv.
- Compliance tools ( Less lethal force ) batons, pepper spray, tasers
- Lethal force ( Only for lethal threats ) if threat to officer or public likely, weapons for lethal threats
