Law definitions (Policing) Flashcards
Memorization
Why is a police officer given the right to search the accused upon arrest
To ensure that the accused has no weapons that can hurt the officer and to collect evidence.
What is a “police incident to arrest” and under what circumstances can police arrest without a search warrant
To make sure the person was lawfully arrested. They can search if the person is a threat to the public or obstructing evidence.
Joey is lurking in a dark alley with drug users. After arrest, the police can…
Take away his wallet and cell phone, vape machine, fingerprint him (if indictable offence) and photograph him (if indictable offence).
What are the 3 conditions that must exist before a search warrant will be granted
Officers must swear before a justice of the peace or judge, must have reasonable grounds to believe the evidence is on the property, must explain why the informant is reliable.
The police have a warrant to search Joey’s place. They are allowed to…
Continue with the search if Joey refuses to let them in, and seize stolen property and illegal drugs.
What was the original intent of telewarrants? Why are they more used now?
It was created for remote areas of Canada. They use these more because they can be obtained more often.
When is a warrant needed?
When an undercover police officer is recording a conversation, the informant has told the officer about a place that houses stolen goods, or when a shipping container is suspected to be holding illegal drugs.
When an officer calls out Joey to him to stop so that he can ask him a question, what are Joey’s options?
He can refuse to speak, share his name, tell the officer everything he knows, his badge number & request a lawyer.
On being arrested, what must be done to assist the accused immediately?
Request to contact a lawyer must be granted immediately, whether it be employed by the government or from legal aid to assist the accused.
Who is eligible for legal aid? Why is there a criticism of legal aid?
You must have little or no money left after expenses for food & housing. Some criticize legal aid because only the poor get lawyers. So those at the middle line don’t often get lawyers.
How is habeas corpus determined in Canada’s legal system
They have to determine whether the detainment was lawful or not.
Joey is arrested, and taken to the police station to be processed, but then the police will not release him. Why? What can Joey do to challenge this?
Joey has either committed further offences, interfered with the investigation, disappeared before a court appearance, or ruined a witness. He can challenge this by going to a higher court and argue that they are being unreasonable.
Joey’s mum isn’t well off. How might this affect the bail?
She might struggle to afford the bail amount set by the court, and could qualify for legal aid.
What is reverse onus
A provision within a statute that shifts the burden of proof onto a specific person to disprove an element of information.
What is an undertaking? What are some conditions the accused may be placed under?
A document in which the accused agrees to appear in the court as required. Some conditions include a curfew, orders to not associate with certain friends or places, and reporting to a police station every week.
