Police Powers Flashcards
What are police powers
People are considered innocent until proven guilty
-evidence needs to be gathered by police
-major way to gather evidence is through search
-search is intrusive section 8 of the CCRF provides constitutional safeguard against unreasonable searches
- to get a warrant the police must convice the judge to grant them a warrant
Search or seizure without a warrant
-police have the right ti search person who is arrested
-or possibly carrying a weapon
-people can also search property of an arrested person EXCEPT their bags/car
Extenuating circumstances and exceptions (Searches)
-Hot pursuit
-Plain sight doctrine
-destruction of evidence
-custom/boarder guards
-roadside/impared driving
what is Hot Pursuit?
- when an officer is chasing someone
What is Plain sight doctrine
- the evidence is in plain sight and the police are doing their job honestly and efficently
What is destruction of evidence
-officer has honest belif that the evidence is about to be destroyed
what is custom/board guards
-they can conduct random searches
what is roadside/imapaired driving referring to
-they can randomly pull you over and conduct tests
Police may also search you if..
- if they arrest you. once you’re under arrest the police can search oyu for any object that may be a threat to society or that may faciliate escape or act as evdience against the accused
- they have reasonable hrounds to believe that you are in possesion of evidence rlated to the warrant
- risk toward the society or police
- they can also search you for weapons but cant empty out your pockets or personal belongings from your pockets or bag
- they may take nessacary procaustions to consficate any weapons