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Peel Regional Police Tests > OPC Exam 3 > Flashcards

OPC Exam 3 Flashcards

1
Q

What are the 3 types of law?

A

Statute, common, and case

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2
Q

What is section 7 of the charter?

A

Life, Liberty, and Security of Person

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3
Q

What is section 8 of the charter?

A

Search or seizure

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4
Q

What is section 9 of the charter?

A

Right to not be arbitrarily detained or imprisoned

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5
Q

What is section 10 of the charter?

A

Upon arrest, right to be informed of reason for, retain and instruct counsel without delay, validity of detention be determined by way of habeus corpus

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6
Q

What does RCA stand for and how does it apply to policing?

A

Recognize - the offence
Classify - dual, indictable, summary
Authority - what authorities do we have to arrest

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7
Q

What are facts in issue?

A

elements of the offence that must be proved in court

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8
Q

Elements of the offence: what does TIPP stand for?

A

Time and date of offence
Identity of the accused
Place of the offence
Plus elements of the offence

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9
Q

How does a court process commence?

A

By laying an information

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10
Q

How does S. 25 of the Criminal Code protect us as police officers in the course of the lawful execution of our duties?

A

It allows us on reasonable grounds and justified in doing what is required or authorized to do and in using as much force as is necessary for that purpose

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11
Q

What is the 3 branch test?

A

Is it lawful?
Is it necessary?
Is it reasonable?

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12
Q

What section of the criminal code deals with the excessive use of force?

A

S. 26

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13
Q

What section of the criminal code identifies citizens powers of arrest without warrant?

A

Section 494 (1) – ARREST BY ANY ONE
*
Anyone may arrest without warrant:
- A person whom he FINDS COMMITTING an indictable offence
- A person who, on reasonable grounds, he believes:
Has committed a criminal offence AND
- Is escaping from and freshly pursued by persons who have lawful authority to arrest that person
*
The helper clause – all they need is reasonable grounds that the person being pursued has committed a CRIMINAL OFFENCE (includes summary)
*
Ex: male running out of store and citizen says “stop that man” – lawful to pursue and arrest the male (doesn’t have to be running, could be security at a hospital)

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14
Q

What does PIC stand for? (reason for arrest)

A

Prevent continuation of the offence
Investigate further
Ensure court appearance

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15
Q

What section of the criminal code identifies the powers of arrest without warrant by a peace officer?

A

Section 495 (1) – ARREST WITHOUT WARRANT BY PEACE OFFICER
*
A peace officer may arrest without warrant:
o
A person who has committed an indictable offence (PRESENT), OR who, on reasonable grounds, he believes has committed or is about to commit an indictable offence
o
A person whom he finds committing a criminal offence
o
A person he has reasonable grounds to believe that a warrant of arrest or committal in any form set out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which person is found
▪
Territorial does not mean radius, means Ontario warrant or Canada-wide warrant

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16
Q

What is breach of the peace and what section covers this?

A

Section 31 – BREACH OF PEACE
Peace officer is justified in arresting a person if:
*
Harm is actually or likely to be done to a person, or
*
In his/her presence, to his/her property, or
*
A person is in fear of being so harmed through an assault, affray, or riot
o
Think of health, safety, people and property
*
Peace officer witnesses Breach of the Peace OR
*
Reasonable grounds a person is about to join in or renew Breach of the Peace
*
Only a procedural arrest – no offence (ADULT TIMEOUT TO DE-ESCALATE)

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17
Q

What are the steps for a proper arrest?

A

*
Identify yourself as Police Officer
*
Tell person they are under arrest (Judge’s rule)
*
Tell person reason for the arrest (S. 10(a) of Charter and S. 29(2) C.C.)
*
Take physical control
*
Inform them of their Rights to Counsel (S. 10(b) of Charter)
*
Ensure they understand the reason for the arrest and their Rights to Counsel

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18
Q

What are the 4 P’s of public interest?

A

Protection of public
Protection of accused/victim
Protection of property
Prevent breach of the peace

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19
Q

What is investigative detention?

A

“Reasonable grounds to suspect that the individual is connected to a particular crime and detention is necessary on objective view of the circumstances” (R v. MANN)
*
Does not impose an obligation on person being detained to answer questions

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20
Q

What is articulable cause?

A

a constellation of objectively discernable facts which give the detaining officer reasonable cause to SUSPECT that the detainee is criminally implicated in the activity under investigation

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21
Q

What do you need to meet/ensure in order to release?

A

PRICES

Public interest
repetition/continuance
identity
court appearance
evidence
safety and security of victims/witnesses

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22
Q

What are the principles of restraint?

A

Decision regarding release by peace officer, justice or judge:
*
Primary consideration to release accused at earliest opportunity
*
Least onerous conditions that are appropriate in circumstances
*
Conditions must be reasonable for accused to comply with
*
Peace officer must take into consideration the grounds under s. 498(1.1) PRICES and 515(10)-JP for releasing on bail

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23
Q

What is a criminal summons?

A

S.498(1) and s 498 (1.1) C.C. states that a Peace Officer who arrests a person MAY compel their appearance to court by way of a criminal summons once PRICES has been satisfied
*
A criminal summons may also be issued to a person where there exists no authority to arrest w/o warrant
o
i.e. Peace Officer did not find committing a summary conviction offence (i.e. cause disturbance)
*
Criminal summons may also be issued after an investigation is complete and no reason for an arrest exists.

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24
Q

What is an appearance notice?

A

Form 9 - s. 497

If a peace officer does not arrest due to the limitations in s. 495(2) (PRICE) then an appearance notice may be issued for:
*
(a) An indictable offence mentioned in 553
*
(b) A dual procedure offence
*
(c) A summary conviction offence
If PRICE is satisfied and you MUST have arrest authority to issue appearance notice (minor crimes)

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25
Q

What are the types of releases available to peace officers?

A

Undertaking or appearance notice

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26
Q

What is an undertaking?

A

FORM 10 s. 498(1)(c)
*
Where person has been taken into custody (in cells)
*
498(1.1) is satisfied (PRICES)
*
release on an undertaking (Form 10)
*
Mandatory Condition = accused court date
*
If accused does not sign/refuses – does not invalidate undertaking

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27
Q

What is an assault?

A

Person commits assault when:
*
Without consent, applies force intentionally, directly or indirectly
*
Attempts or threatens, by ACT OR GESTURE to apply force, person to believe on reasonable grounds has the PRESENT ABILITY TO EFFECT
*
Wearing or carrying a weapon or imitation thereof, accosts, impedes or begs

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28
Q

What is a weapon as defined in s. 2 of the CC

A

Is anything used, designed, intended for use in causing death or injury OR
*
For the purpose of threatening or intimidating a person and includes any firearm and,
*
For the purposes of Sections 88, 267 and 272, for use in binding or tying up a person against their will.

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29
Q

What is ‘night’ as defined in s. 2 of the CC

A

9:00pm - 6:00am

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30
Q

What is trespass @ night s. 177 CC and what level of charge is it?

A

Every one who:
*
Without lawful excuse
*
Loiters (no intent) or prowls (evil intent)
*
At night on the property of another person
*
Near a dwelling house situated on that property

Summary conviction

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31
Q

What is voyeurism s. 162(1) CC and what level of charge is it?

A

Every one commits an offence who,
*
Surreptitiously (secretly, avoiding attention) observes-including by mechanical or electronic means
OR
*
Makes a visual recording of a person
*
Who is in circumstances that give rise to a reasonable expectation of privacy, if
o
(a) Person is in place where reasonably expected to be nude, to expose genitals/anal region/her breasts/to be engaged in explicit sexual activity OR
o
(b) Person is nude, exposing genitals/anal region/her breasts/engaged in explicit sexual activity AND recording is done to observe/record person in state or activity OR
o
(c) Observation/recording done for a sexual purpose

Dual procedure

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32
Q

What is mischief s. 430(1) CC and what level of charge is it?

A

Every one who WILFULLY:
*
(a) Destroys or damages property
*
(b) Renders property dangerous, useless, inoperative or ineffective
*
(c) Obstructs, interrupts or interferes with the lawful use or enjoyment of property; OR
*
(d) Obstructs, interrupts or interferes with any person in the lawful use or enjoyment or operation of property

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33
Q

What is a disturbance in relation to the charge “cause disturbance” of s. 175(1) of the CC

A

an act causing annoyance or disquiet interrupting the peace. Mere annoyance does not count, must interfere with the ordinary use of the premises.

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34
Q

What is utter threats s. 264(1) of the CC and what classification of offence is it?

A

Everyone who in any manner
*
Knowingly utters, conveys or causes any person to receive a threat
*
(a) To cause death or bodily harm
*
(b) Burn, destroy or damage property OR
*
(c) Kill, poison or injure an animal or bird that is property of any person

35
Q

Reasonable expectation of privacy: R v. Edwards SCC 1996

A

Reasonable Expectation of Privacy is to be determined on the basis of the totality of the circumstances in each case
*
The SCC developed a 7-step test to determine if someone has a reasonable expectation of privacy. This is based on the person not the place.
*
Edwards: drug dealer arrested by police, police knew he had more product at his gfs house, officers went to house and gf refused entry, officers said we’re going to get a warrant and come in anyway so she lets them in and they find the drugs and arrest, Edwards says not fair because he had reasonable expectation to privacy at gfs house
o
Came up with 7 Step test to determine reasonable expectation of privacy (no search allowed)

36
Q

What does it mean to search?

A

to look into or over carefully or thoroughly in an effort to find or discover something

37
Q

What is the 7 step test also known as the Edwards test?

A
  1. Was the party present at the time of the search?
  2. Did the party have possession or control of the property or place searched?
  3. Did the party have ownership of the property?
  4. Did the party have historical use of the property?
  5. Did the party have the ability to regulate access, including right to admit or exclude others?
  6. Did the party have the existence of a subjective expectation of privacy?
  7. The objective reasonableness of the expectation
38
Q

What was R v. Grant in relation to psychological detention?

A

High school kid dealing drugs, officers approached him and he was in psychological detention, they asked if he had anything he shouldn’t and he gave up his drugs, in court he argued he was in detention and if he had known that he would not have told them about the drugs, end result = exclude drugs, keep firearm as evidence

39
Q

What does the court take into consideration if evidence should be admissable?

A
  1. The seriousness of the Charter-infringing state conduct
  2. The impact of the breach on the accused’s Charter-protected interests
  3. Society’s interests in the adjudication of the case on its merits
40
Q

What makes a search incident to arrest lawful?

A
  1. Arrest must be lawful
  2. Search must have been conducted as an incident to a lawful arrest (immediately after)
  3. Manner in which the search was conducted must be reasonable
41
Q

What can you search for? (think W.E.E.)

A

Weapons
Evidence
Escape

42
Q

Requirements for a strip search (think R.E.A.R)

A

Reasonable grounds
*
Exigent circumstances (can’t wait for a warrant)
*
Availability of procedure to obtain a search warrant
*
Rights to counsel

43
Q

R vs Golden SCC 2001 (strip search gone wrong)

A

*
Following the arrest in a shop, officers conducted a “pat down” search of Golden and did not find any weapons or narcotics. The officer undid Golden’s pants and pulled them back along with Golden’s long underwear. The officer saw clear plastic wrap protruding from his buttocks as well as a white substance within the wrap. The officer tried to retrieve the bag and Golden hip checked him
*
Officers forced him to bend over the table and lowered his pants and underwear down, officer tried to seize bag, Golden defecated. An officer retrieved rubber dishwashing gloves and tongs, found 10.1 grams of crack cocaine
*
Lawful arrest, Search was conducted incident to arrest, Manner in which search was conducted WAS NOT REASONABLE

44
Q

Three main purposes of search incident to arrest in a motor vehicle are:

A
  1. To ensure the safety of the police and the public
  2. To protect evidence from destruction by the arrestee or others
  3. To discover evidence for use at trial
45
Q

What is the plain view doctrine?

A

The plain view doctrine is a power to seize, NOT a power to search

46
Q

What was R v. Godoy?

A

In response to a disconnected 911 call, officers attend a residence. The accused answers the door.
*
The accused attempts to close the door, and the police force their way in
165
*
They find a woman sobbing in the bedroom, with signs of injury.
*
She tells the police that the accused hit her, and the police arrest the accused.
*
The warrantless entry was justified on the basis of the common law duties of the police to protect life, and prevent serious injury.
*
The conduct of the police involved a justifiable use of their power in the circumstances.
*
Justifies forced entry into dwelling house to ascertain health and safety of 911 caller, intrusion must be limited to protection of life and safety

47
Q

What does an inventory search for motor vehicles authorize the police to do?

A

*
An inventory search authorizes the police to enter a vehicle for the purpose of cataloguing visible contents when the police are under a responsibility to safeguard that property while it is in their custody.
o
NOT just plain view, we can go into everything
*
If the inventory search is being done pursuant to the police service’s policy only and there is no other lawful authority then this is not going to be considered to be a good search.
*
The purpose of the search must be related to the objectives of the proper administration of justice

48
Q

What was the impact of R v. Feeney?

A

*
Warrantless arrests in private dwellings are prohibited by Charter
*
Need a warrant to enter dwelling to arrest, unless an exception applies
o
Hot pursuit
o
Exigent circumstances

S. 529 CC

49
Q

What is the purpose of the residential tenancies act?

A

To ensure the rights, obligations and responsibilities between landlords and tenants are clearly understood
Balance the power between landlords and their tenants “security of tenure”

50
Q

What is the role of the police in respect to the residential tenancies act?

A

*
Keep the peace
*
Remain objective
*
Avoid giving legal advice
*
Make sure parties are safe and property is protected
*
Ask to see any pertinent documentation
*
Provide referrals
*
Police evidence may be required at tribunal and/or court – make good notes

51
Q

When do landlords have the right to enter?

A

*
Between 8am and 8pm if notice given 24 hours to tenant
*
Notice must have reason for entry, date and time of entry
*
WITH NOTICE 24 hrs written notice to enter – S 27 (1)
o
Repair/replacement work
o
Mortgagee/insurer to view
o
Health, safety housing, or maintenance inspection
*
WITHOUT NOTICE
o
On consent
o
Or in emergency
o
To clean or as specified in lease agreement (regular)
o
Show unit if notice of termination given between 8am to 8pm

52
Q

What is the purpose of the child, youth, and family safety act?

A

focus is protection/well-being of children, not punitive

53
Q

What is the age of a child per the CYFSA?

A

18

54
Q

What does a place of safety not include?

A

a place of temporary detention, of open custody or of secure custody, such as a police station or a school – section 74(1), CYFSA.

55
Q

What are examples of a place of safety?

A

A foster home, a hospital, a person’s home that satisfies the requirements of subsection (4) or a place or one of a class of places designated as a place of safety by a Director

56
Q

In regards to a child in need of protection, what conditions need to exist? (lots of answers can apply here, only need one)

A

*
physical harm – harm inflicted by person in charge of chid, failure to care for child, pattern of neglect
*
sexually molested / exploited – risk that child is likely to be sexually abused
*
requires medical treatment – person in charge doesn’t provide treatment to child
*
emotional harm – RGs that emotional harm is result of neglect of parent
*
mental, emotional, developmental condition
*
abandoned
*
under 12 years: serious offences – child killed or seriously injured someone and parent doesn’t provide services
*
parent surrenders custody
*
16 or 17 with prescribed condition

57
Q

What is the curfew for children under 16 years of age?

A

Midnight - 6:00AM

58
Q

In regards to the LLCA, what requirements need to be met for a motor vehicle to be considered a private place where you can lawfully consume alcohol?

A
  1. equipped with sleeping and cooking facilities
  2. Not on a highway
  3. Parked
  4. Used as a dwelling
59
Q

In regards to the LLCA, what requirements need to be met for a boat to be considered a private place where you can lawfully consume alcohol?

A
  1. Permanent sleeping
  2. Permanent cooking
  3. Sanitary facilities
  4. anchored or docked
60
Q

What are the two arrest authorities in regards to the LLCA?

A

Arrest authority 1:
1. Intoxicated by alcohol AND
2. In a public place/common area AND
3. Arrest is necessary for any person

Arrest authority 2:
1. Finds a person in contravention of this act AND
2. refuses to identify

61
Q

What are some conditions that might be mistaken for intoxication?

A

–
fatigue
–
stroke
–
epilepsy
–
diabetes (smell of acetone not alcohol)
–
multiple sclerosis
–
head injury
–
fever
–
drug side effects

62
Q

Cannabis control act acronym for prohibitions by persons under 19

A

DCAPP

Distribute
Consume
Attempt to purchase
Purchase
Possess

63
Q

3 ways to give notice in the Trespass to Property Act

A
  1. Orally or in writing
  2. Signs
  3. Marking system
64
Q

With the TPA, when are signs applicable?

A

Visible in daylight

65
Q

What is a voluntary patient?

A

*
Admitted on recommendation of physician
*
Not detained / restrained ➢ chooses to be admitted and can leave anytime

66
Q

What is an informal patient?

A

*
Person who is a patient in a psychiatric facility under consent of another person who is entitled to give or refuse consent to treatment on his/her behalf
o
Chooses to be admitted and can leave anytime

67
Q

What is an involuntary patient?

A

*
Person detained in a psychiatric facility under a certificate of involuntary admission or certificate of renewal

68
Q

MHA S. 15 Involuntary admission - Who, what, when, how

A

Who - physicians application for psychiatric assessment (form 1)

When - follows examination of any person by any Ontario physician

What - Apparently suffering from mental disorder, and danger to self/others, and unable to care for self

How - Directed to any person including police, apprehend within 7 days of signed, authorizes detention for 72 hours in psychiatric facility

69
Q

MHA S. 33.3(1) Involuntary admission - who, what, when, how

A

Who - physicians order for examination (form 47)

When - person fails to comply under community treatment order

What - person suffering from mental disorder and requires continued care/treatment and supervision

How - directed to police, apprehend within 30 days, return person to physician who signed order

70
Q

MHA S. 16 Involuntary admission - who, what, when, how

A

Who - justice of the peace order for psychiatric assessment

When - information laid on oath by any person before a JP (typically a family member)

What - Apparently suffering from mental disorder, and danger to self/others, and unable to care for self

How - Directed to police (think JP = Just Police), apprehend within 7 days, take person to appropriate place to be examined by physician

71
Q

MHA S. 22 Involuntary admission - who, what, when, how

A

Who - judges order for admission to psychiatric facility (court ordered)

When - where person is before the courts, under a charge or conviction

What - Judge has reason to believe person suffers from a mental disorder

How - senior physician reports in writing to judge

72
Q

MHA S. 17 Involuntary admission - why would the police apprehend under S. 17?

A

The situation is too dangerous to wait for a warrant. Authority allows us to take person into custody to an appropriate place to be examined by a physician

73
Q

MHA S. 17 4 part test

A
  1. Police officer has R&PG to believe person is acting or has acted disorderly

AND

  1. Reasonable cause to believe person behaving violently towards self or others (risk to themselves or others), or unable to care for self

AND

  1. Opinion suffering from a mental disorder that will likely result in: serious bodily harm to self or others, or serious impairment to self, serious BH, does not mean suicide/homicide, but bodily harm more than trifling

AND

  1. Reasonable cause to believe it would be dangerous to proceed by way of application to JP (i.e. too dangerous to wait)
74
Q

When considering an apprehension under section 17 of the Mental Health Act, a police officer must have reasonable and probable grounds to believe the person:

A

is acting disorderly

75
Q

Under section 17 MHA, where a police officer has R & PG to believe that a person is acting or has acted in a disorderly manner; and the officer____________ … of a nature or quality that likely will result in serious harm to anyone, the police officer may take the person in custody to an appropriate place for examination by a physician where not feasible to proceed under section 16.

A

is of the opinion that the person is apparently suffering from a mental disorder

76
Q

Where an Officer in Charge has issued a Form 9 Order for Return of an AWOL person, the order must be executed within _______________ if its issue.

A

within one month

77
Q

“Premises” means lands and structures and includes:

A

water, ships, vessels, trailers, portable structures, trains, railway cars, vehicles, and aircraft except while in operation.

78
Q

The Children’s Law Reform Act is an Ontario statute that primarily deals with:

A

police making reasonable efforts to enforce court and custody orders

79
Q

When a child is unlawfully withheld contrary to an existing custody/access order, the court may authorize:

A

the applicant or someone on their behalf to apprehend the children

80
Q

No parent of a child less then 16 years of age shall permit the child to loiter in a public between the hours of:

A

12:00 midnight & 6:00 a.m

81
Q

The term “child” as defined under the Child and Family Services Act “ is a person:

A

under 18 years of age

82
Q

You have reasonable and probable grounds to believe that a step-parent has sexually molested their 15-year old step-child. As a police officer you are obliged to:

A

investigate and report the matter to the Children’s Aid Society and lay appropriate charges

83
Q

A ‘young person’ according to the Provincial Offences Act is defined as:

A

12 years but under 16 years of age

84
Q
A

Peel Regional Police Tests (4 decks)

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