Chapter 5-Police Powers And Decision Making Flashcards
Arrest
Can be made to prevent a crime from being committed, to terminate a breach of the peace, or to compel an accused person to attend trial
What the police cannot do
Safeguards
Cannot use certain investigative techniques with judicial authorization.
If they gather evidence illegally it may be excluded from trial.
If they use unfair tactics the defendant can cite abuse of process
Arrest warrant
Document that permits a police officer to arrest a specific person for a specified reason
Police can arrest a suspect without an arrest when
They have caught a person in the act of committing an offence.
Believe on reasonable grounds that a person has committed an indictable offence
Believe on reasonable grounds a person is about to commit an indictable offence.
Lawful arrest
Identify themselves. Tell them they’re being arrested
Has the right to retain and instruct counsel without delay
Reasonable search
Must be authorized by law
Law itself must be reasonable
Manner in which the search was carried out must be reasonable
Search warrants is required in which situations
When there is to be secret recording
Cases involving video surveillance
Perimeter searches of residential premise
Before installation of tracking devices
Entrapment
Person ends up committing an offence that he or she would not otherwise have committed,lately as a result of pressure or cunning on the part of the police.
People cannot be targeted at random
Mr big strategy
Involves police undercover making contact with crime suspects who are introduced to mr big( organized crime boss.) they can join the crime group only after committing a major crime
Concerns lead to false confessions
One plus one (use of force)
Police officers have the authority to use one higher level of force than that with which they are confronted.
Police use of force
Must act on reasonable grounds.
Only use as much force as necessary
Responsible for any excessive use of force
Must be performing a duty that are required or authorized to do
Force options
Officer presence Dialogue Empty hands Compliance tools Lethal force
Suicide by cop
Instances in which despondent individuals act in a manner calculated to force police to use lethal force.
Often involve people with mental illnesses or suicidal tendencies
Influences on police decision making
Policing task environment
Person of interest- uncooperative or disrespectful
Policing style of the individual
Seriousness of the alleged offences
Racial profiling
Targeting of individual or particular racial group on the basis of the supposed criminal propensity of the entire group