chapter 6-7 (questions) Flashcards
What are the 4 steps to proceed with a legal arrest?
- Identify yourself as a police officer.
- Notify the person that they are under arrest.
- Inform the person briefly of the reason for the arrest and show the warrant if applicable.
- Restrict the accused’s movements to indicate that they are in custody, and possibly inform their lawyer.
What are the conditions necessary for an act or omission to be considered a crime?
- Society condemns it.
- It harms society in general or people, such as minors, who need to be protected.
- The harm caused is serious.
- The prosecution must be handled by the criminal justice system.
What are the objectives of criminal law?
- Protecting people and property.
- Maintaining order.
- Enforcing public decency.
What are the 3 conditions the police must meet for a search to be legal?
- The arrest must be legal.
- The search must be related to the lawful arrest.
- The search must be conducted in a reasonable manner.
What are the three conditions that the police must meet to search a person when they do not have a warrant?
- Have reasonable grounds to believe that a person has committed or is about to commit a criminal act.
- Find a person who is committing a criminal offence.
- Find a person for whom an arrest warrant has been issued.
What does a police need to do to obtain a search warrant?
To obtain a search warrant, the police must give the information under oath to a judge or justice of the peace.
What information do the police need to give to the justice of the peace to obtain a search warrant?
The information tells the crime, what the police are looking for, and the reasonable grounds that lead them to believe they will find that stuff in a specific location.
When can a police officer actually force you to take a sample of blood, urine, hair or anything else without a warrant?
A driver stopped by a police officer is required to take a breathalyzer test to measure the alcohol content in the blood.
When does a frisk or pat-down search take place? What is its purpose?
It is immediately after arrest. The purpose is to reassure that the person is safe.
For what types of offences can the police obtain a warrant that forces a person to provide a DNA sample?
Murder or aggravated sexual assault.
What are three examples of cases where the actus reus is not valid?
- If it is not voluntary.
- If it is a reflex.
- If the person is sleepwalking.
What happens when a police officer uses evidence found in a house without a warrant during a proceeding?
The proceeding is re-evaluated because if the officer did not enter the house the evidence would not be used.
