Police Powers Exam

Question 1

___________________________ is “a reactive power dependent upon a reasonable belief that the detained person is implicated in a prior criminal act.”

Answer 1

Investigative Detention

Question 2

A police officer requires reasonable grounds to arrest a person they find committing a criminal offence. T/F

Answer 2

False

Question 3

Unless the ___________ can prove that the confession made by the accused is voluntary, it will not be admitted as evidence.

Answer 3

prosecution

Question 4

The right to counsel is fundamental in our criminal justice system. If the accused waives this right, the _________________ must make the accused fully aware of the consequences.

Answer 4

crown

Question 5

An accused will be held in custody if they are a danger to society or are at risk of __________________________.

Answer 5

fleeing (PRICE)

Question 6

What is the difference between onus and reverse onus?

Answer 6

Where the accused takes responsibility to prove or disprove something.

Question 7

A person charged with a summary conviction offence may appear in person or by a representative to plead. T/F

Answer 7

True

Question 8

Search incident to arrest is a common law authority that allows police to :

Answer 8

Search the immediate surroundings after making an arrest

Question 9

Murder, treason, and piracy are examples of ________ Jurisdiction.

Answer 9

EXCLUSIVE s.469

Question 10

Theft under, possession under & fraud under $5000 are examples of __________ jurisdiction.

Answer 10

ABSOLUTE s.553

Question 11

A person who gives police consent to search must have “informed consent”. Four guidelines to establish consent was voluntary:

Answer 11

1. There was a consent, either express or implied;
2. The consenting party has the authority to give the consent;
3. Consent was not due to police coercision
4. The consenting party knew they could refuse the search;

Question 12

Three levels of arrest

Answer 12

Street level: arresting officer

Station Level: peace officer

Court Level: Justice

Question 13

what is PRICE

Answer 13

Public interest

Repetition

Identity

Court

Evidence

Question 14

what is an information?

Answer 14

document that initiates criminal proceedings, and outlines charges against the accused. Sworn before a justice ASAP

Question 15

what is an undertaking?

Answer 15

document that requires the accused to agree to appear in court on a specific date to be released from custody

Question 16

what is a General Classification?

Answer 16

violent crime, property crime, etc

Question 17

What is a Legal Classification?

Answer 17

Indictable, hybrid, summary offenses

Question 18

what is the Summary Court Process?

Answer 18

Justice or judge alone, appear in person or representative to plead NO JURY

Question 19

What is the Indictable Court Process?

Answer 19

Defense election options, trial by judge, with or without jury and with or without preliminary hearing

Question 20

what is an election offence?

Answer 20

offenses not in s.469 & s.553 - robbery, sexual assault, impaired driving

Question 21

what does a crown attorney do

Answer 21

Chooses whether or not to lay charges and final say of whether it will go to trial or not

Question 22

Plea Bargain

Answer 22

an agreement by the accused to plea guilty for some benefit, less charges, less time, etc.

Question 23

Documents used to release offender?

Answer 23

Appearance notice issued by peace officer (form 9)

Summons issued by judge (form 6)

Information (form 2)

Undertaking (form 10)

Question 24

Benefits of police discretion?

Answer 24

Compassion in policing

Working respectfully with the community

Protecting other officers

Question 25

3 types of Discrimination?

Answer 25

direct – towards characteristics

, indirect- non intentional

, and systemic – attitudes became accepted within organization

Question 26

Police do not have special authority in school who does?

Answer 26

Principle

Question 27

What is not required in an information?

Answer 27

Name of officer who released offender.

Question 28

Search incident is what kind of law?

Answer 28

Common law

Question 29

How many hours do the police have to bring an offender to bail hearing?

Answer 29

24 hours

Question 30

Is there a time limit to lay a charge on indicitable offence?

Answer 30

No

Question 31

5 types of warrants

Answer 31

Warrant in the first instance

Bench warrant

Committal warrant

Committal Warrant in Lieu of Surety

Witness Warrant

Question 32

Warrantless entry is permitted in exigent circumstances if it is?

Answer 32

LAWFUL and REASONABLE

Question 33

Section 8 of the charter states?

Answer 33

Everyone has the right to be secure against unreasonable search or seizure

Question 34

Undertaking vs appearance notice?

Answer 34

undertaking to be released from custody, app notice to attend court

Question 35

What is the Plain view doctrine?

Answer 35

permits seizure of things in plain view

Question 36

T/F Can you release on dual/hybrid if price is met,

Answer 36

TRUE

Question 37

T/F Can a citizen lay an information?

Answer 37

False

Question 38

T/F Information is laid for all offences,

Answer 38

True

Question 39

T/F Does the CCC have any police discretion,

Answer 39

FALSE

Question 40

Voluntary accompaniment

Answer 40

where a person who is not being held for investigative detention chooses to remain with police