CHP5 Flashcards
How are the powers of the police unique from other government agencies?
The police have unique powers derived from the Criminal Code and provincial statutes, allowing them to use physical and lethal force, deprive individuals of their freedom, and exercise discretion in enforcing laws, powers not granted to other government agencies.
Why is discretion necessary in policing, and where do police commonly rely on it?
Discretion is essential because no set of laws can prescribe police actions in every circumstance. Police commonly use discretion in minor offenses, during traffic stops, deciding whether to arrest or issue warnings, and determining the use of force based on situational factors.
What is police accountability, and why is it necessary?
Police accountability ensures that officers’ actions are subject to oversight to prevent abuse of power. This is done through internal reviews, civilian oversight bodies, and legal frameworks like the Canadian Charter of Rights and Freedoms to maintain public trust and protect citizens’ rights.
What legal standards must be met for the police to detain or arrest a civilian?
: Police must have reasonable and probable grounds that an individual has committed or is about to commit a crime. This requirement ensures that detentions and arrests are not arbitrary and respect citizens’ rights under the Charter of Rights and Freedoms.
What are the 3 circumstances in which the police have the power to arrest an individual?
- When a crime is being committed.
- When the officer has reasonable grounds to believe the individual has committed an indictable offence.
- When it is necessary in the public interest to arrest the individual to maintain order or prevent further crimes.
What is a major exception to the legal standards necessary for arrest, allowing police to arrest based on reasonable suspicion?
Under the Anti-terrorism Act, police can arrest an individual based on “reasonable suspicion” rather than “reasonable grounds” if it is believed necessary to prevent a terrorist act.
How do police obtain arrest and search warrants?
To obtain a warrant, police must present an information to a justice of the peace, providing reasonable and probable grounds that evidence of a crime is present or that an individual has committed a crime. Warrants must be specific to the circumstances presented.
Under what circumstances can police make an arrest without a warrant?
Police can arrest without a warrant if they witness a crime in progress, have reasonable grounds to believe someone committed an indictable offence, or if the arrest is necessary to prevent further criminal activity or secure evidence.
What are the potential consequences for an officer who makes an unlawful arrest, and for a civilian who resists it?
An officer making an unlawful arrest may face disciplinary actions or civil lawsuits, while a civilian who resists an unlawful arrest may not be guilty of resisting arrest, depending on the circumstances, though resisting could lead to further legal complications.
What are the consequences of obtaining evidence through illegal search and seizure?
Evidence obtained through an illegal search or seizure may be excluded from trial under Section 24 of the Charter if admitting the evidence would bring the justice system into disrepute, potentially resulting in the dismissal of charges.
In what circumstances can police conduct a search and seizure without a warrant?
Police can search without a warrant when arresting a person for their protection, when they have reasonable grounds to believe that evidence may be destroyed, or when exigent circumstances make obtaining a warrant impractical.
