Police Powers Flashcards

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1
Q

What are police powers

A

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

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2
Q

Search or seizure without a warrant

A

-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

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3
Q

Extenuating circumstances and exceptions (Searches)

A

-Hot pursuit
-Plain sight doctrine
-destruction of evidence
-custom/boarder guards
-roadside/impared driving

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4
Q

what is Hot Pursuit?

A
  • when an officer is chasing someone
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5
Q

What is Plain sight doctrine

A
  • the evidence is in plain sight and the police are doing their job honestly and efficently
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6
Q

What is destruction of evidence

A

-officer has honest belif that the evidence is about to be destroyed

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7
Q

what is custom/board guards

A

-they can conduct random searches

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8
Q

what is roadside/imapaired driving referring to

A

-they can randomly pull you over and conduct tests

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9
Q

Police may also search you if..

A
  • 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
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