OPC Flashcards
Where do we get arrest authority for YCJA, CDSA?
Criminal Code
What are the 3 conditions for plain view doctrine?
Lawfully present. clearly incriminating, found inadvertently
In regards to evidence, what are the 4 roles of the police? (PICT)
Preserve, Identify, Collect, Tender
When SHALL you arrest?
When PRICE is not satisfied
If you don’t find committing a summary offence what can you do?
issue a Criminal Summons
What are the facts in issue?
Time and date, Identity, Place, Plus elements of offence
What commences a charge?
Laying an information
What attending an incident, what should you do? (RCA)
Recognize, Classify, Authority
What is absolute jurisdiction?
553 offences
6 steps to a proper arrest
- Identify self as police, 2. advise under arrest, 3. advise reason, 4. take control, 5. RTC, 6. make sure they understand
Why is a primary caution used?
To prove voluntariness and admissibility
What does a secondary caution remove?
Minor inducements
What are section 7,8,9,10 of charter?
Life and liberties, safety and security, Detention, Arrest
When approaching a bus from front where do you stop? Rear?
Front you must stop before the bus, rear is 20 m.
How many lamps shall a m/v have?
- 2 in front and 1 in back.
A motorcycle is caught stunt driving, what are your impound and suspension authorities?
Seize license for 7 days, impound for 7 days
Where is a val tag located on a trailer?
not required
When can you issue a blood demand?
Must be conscience and unable to give a breath sample
You observe a m/w swerving in and out of lanes, you pull the mv over and the drive admits to taking prescription drugs. What do you do?
Arrest for impaired, read DRE demand
What is the legal distance you make a u-turn before a railway crossing?
30 m
You pull someone over with a suspended license from out of province, what do you charge them with?
Drive m/v no license
You see a speed measuring device, you stop the vehicle. What are your search authorities?
Search vehicle (not driver), seize device
Novice driver blows .49 on an ASD, what are they charged with?
24 hour license suspension
Pull over a G1 driver, what can you demand from the accompanying driver?
Drivers License only
You pull over a m/v and the passenger is wearing their seatbelt. What can you demand of them?
Nothing
Car accident occurs at 1351hrs and you arrive at 1523hrs. You suspect the driver is impaired.
What is your next step?
Demand a breath sample
What do you NOT need to show a police officer for a m/v purchase?
Bill of sale
Individual is driving neighbours car and does not have insurance papers, but has own insurance. How do you proceed?
No charge
For an over 80 refusal remand what can you charge?
90 day suspension, 7 day impound
female involved in an accident, exchanges information with other driver, and there is no injuries. both parties leave the scene and she informs her insurance company. What offence
could she be charged with?
FAIL TO REPORT
Young person under POA?
12-15
Steps to filing a certificate of offence?
Issue, File, Serve
2 major rules of police under RTA?
Keep the peace, remain objective
Landlords rights to enter without notice?
termination was given, made reasonable effort to
notify, between 8-8
Under the LLA, what are the UNDER 19 offences?
Purchase, Obtain, Attempt to purchase, Consume, Have
Under the LLA what is the employee exemption?
18 years old, while working
Someone locks the door, has drinks with son. Is this an offence?
No
What are your search authorities under LLA?
RPG liquor unlawfully kept in m/v or boat… can search that and persons
LLA 2 part and 3 part tests?
2 part: in contravention , fail to ID
3 part: impaired by alcohol, in a public place, safety concern
What is an involuntary patient?
person detained in psychiatric facility under a cert of
involuntary admission or cert of renewal
Under the child and family services act what is the def of child?
Under 18
Under CFSA what is curfew?
12-6
When did the restraining order under the family reform act change?
Oct 15 2009
Children’s law reform act what is the order to locate and take a child? (3 steps)
Locate, Apprehend, Deliver
What does PARIS stand for?
Police Automated Registration Information System
10-28 searches what data base? 10-29 searches?
10-28 searches PARIS, 10-29 searches CPIC
Conducting traffic stop, ask for documents driver insists he did nothing wrong and refuses to produce documents. Whats the next step?
Inform driver of the consequences of not complying
What does FEEF stand for?
Fire extract eject feed
What is the difference between stoppage and a malfunction firearm failures?
Stoppage is human caused, malfunction is mechanical
what is hallucinations?
False sensory perceptions
What is delusion?
A false belief
How long to apprehend on a Community Treatment Order?
30 days
On premis arrest authority requires?
RPG
To arrest for LLA you must find _____?
committing
Youth drinking in public and refuse to identify. What can you do?
Can arrest because in contravention of act and refusing to ID
POA Young person age
12-15
Under Part 1 you require? Part 3?
Part 1: a belief
Part 3: RPG
Where do you require a sign for TPA?
Vacant parking lot
Crazy guy under dressed in the cold, not being aggressive but refusing to get care of come out of the cold.. what can you do?
Apprehend under S.17 of MHA
18 year old driving car with case of beer all sealed, what can you do?
Charge for having beer, seize beer
Part 3 can be served to?
The person, or anyone at their home who appears to be over 16
Where can a child NOT drink alcohol when provided by a parent?
Restaurant
Definition of alcohol
Product of fermentation or distillation of agricultural products and includes synthetic ethyl alcohol
Definition of liquor
Spirit, wine, beer, and fit for human consumption
What are examples of places that are NOT a place of safety?
Police station, school (must be hospital, places approved by director)
Maximum fine for a young person?
300$
U turn distance from a railway crossing?
30m
Blow a warn on first offence is how many days?
3
When should you issue a breath demand?
As soon as practicable
Definition of roadway does not include ____
shoulder
Who has the right of way at an interseciton?
Whoever arrives first or person on the right
Where to stop at an intersection?
at sign or marking, before crosswalk, before intersection
Expiration of CMV permits?
Expiration of month and year shown
what do you NEED to show a police officer from a car purchased 6 days ago?
permit (signed by both buyer and seller)
What do you issue at the scene to a person found driving while prohibited?
An appearance notice
Age of sexual consent?
16
29 yo Camp counselor having relationship with 17 yo, and wants naked pics to post, whats the charge?
Sexual Exploitation
14/15 yo having sexual relationship and dad is angry
No charge (within 5 years of eachother)
Guy hiding in bush with knife, snatches girl but lets her go when he recognizes her. charge is?
assault with a weapon
Car question with cocaine, also find scales, dept list, etc. Can you search trunk ?
Yes evidence of trafficking
Arrest woman for offence, search bag incident to arrest – discover additional evidence of
trafficking. Now what?
Re-arrest and read RTC (change in jeopardy)
Search incident to arrest comes from?
Common-law
What is “detain”?
A restraint of liberty other than arrest
What do you need for investigative detention?
Reasonable grounds to suspect
Woman tells LP she saw someone steal, LP arrests and searches but does not find item stolen.. what do you do?
Release unconditionally as LP did not find committing
Can you arrest a child under 11?
You can arrest but can NOT charge
Female switches tags at store, cashier questions her, gets punched in the face. Offence?
Robbery
In order to release, what must be satisfied?
PRICES
Definition of theft?
Colour of right
Firearm definition
barreled weapon, capable of discharging ammo, cause bodily harm, death
Automatic firearm is?
Prohibited firearm
Supressor is?
Prohibited device
Arrest someone, search incident to arrest reveals a switch blade. What do you charge with?
Prohibited weapon
Hours for trespass at night
9 pm to 6 am
Youth charged and as conditions is to stay away from school/student.. who can be notified?
Parents and principal (to assist with compliance)
Prior charge for assault, rearrested for assault on different person.. hold for a ___ ___ hearing
show cause
Man pushes women over stair case and breaks her wrist. charge for?
aggravated assault
Dine and dash is what type of offence?
Summary
Can you search a back pack that you find that belongs to no one?
Yes (abandoned property)
Someone rents a chainsaw then sells it… what is the offence?
Theft
Arrest a child (first time) and they are remorseful. What should you do?
EMJS caution and release
What is law?
A set of rules used to govern society
Who gets served subpoenas?
Witnesses
Father hit in face by son, do you need to charge?
NOT DV , officer discretion
When SHALL you arrest?
When PRICE not satisifed
If you don’t find committing a summary offence what can you do?
Issue a summons
Time verbal intervention?
12-18 seconds
Driver refusing to roll down window is __ ___
passive resistant
Person with a pool cue is a form of ___ __ or __
Bodily harm or death
Person in custody runs away, this is ___ ___
active resistant
Excited delerium symptoms include?
Hallucinations and delusion
Person asks if you had children how would you feel?
Deflect question and re-iterate
TAGS stands for?
Target, Assess, Generate, Solutions
What do you need to buy a gun?
PAL
Hate crime must be indicated on the ___ and ___
Brief and report
How to stop a threat as quick as possible?
Good shot placement
Range safety rules… where to have your finger?
Universal cover mode
When not to impound a car?
Medical Reasons and unpaid fines
high beams must be turned off at what distance?
150m
What license do you need to drive a 29 seat school bus with 5 passengers?
B
How long do you have to form grounds after a collision for impaired?
3 hours
3 types of tire marks
Skid, Scuff, Tire Print
during traffic stop, driver is suspended but you received
confirmation that they have not yet been served.. what do you do?
Serve them and update the system
Minimum license for a 3 wheel bike?
M
stop a M/V for no insurance
what’s the charge
Owner operate MV on highway no insurance (CAIA)
