Policing Flashcards
Why is a police officer given the right to search the accused upon arrest?
If they believe the accused to be carrying a concealed weapon under reasonable and probable grounds as it can be a threat to themselves and the public.
in suspicious situations after arrest police can
take away his wallet and phone
take away his vape
strip search him without any permission(only in indictable offences)
fingerprint him without any permission
photograph him without any permission
a police officer can search you if they believe…..?
if they have grounds to believe that illegal goods, such as drugs, are at a particular location, and if you also happen to be at this location and police suspect you possess the searched-for items.
if police have reason to believe that you possess an illegal weapon that was used to commit a crime and they believe that the weapon will be hidden or destroyed if they take the time to obtain a search warrant.
if they have cause to suspect that alcohol is being consumed or transported illegally, such as if you are drinking alcohol while driving.
3 conditions needed to obtain a search warrant
-A police officer must swear before a judge that an offense had been committed.
-Must have reasonable grounds to believe that evidence of the said crime exists within the property.
-If an informant is involved, the police officer must prove to the court why the informant is a reliable source.
What are some limits of the search warrant?
-can only be used on the date and address indicated
-only involve areas and items outlined in the warrant.
-only items in the warrant can be seized unless illegal items are found
Search laws
- Police can demand to enter a residence with a search warrant
- if refused or empty home, police can break in.
-Police are liable for any excessive force used.
-one who answers the door can ask for a search warrant.
-individuals can only be searched after arrest unless they believe the person carries illegal drugs or weapons.
-Police need a warrant when using electronic surveillance equipment.
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What’s a telewarrant?
A warrant can be obtained through the phone email or fax. first used in rural areas where in-person appearance is hard. But many use this as it’s quicker.
exceptions to search laws
-police can search any place that’s not a private residence without a warrant if there are reasonable and probable grounds to believe that it contains illegal drugs or weapons.
-in both cases, the police must prove reasonable and probable grounds before a judge in the trial.
When arrested the accused must….?
provide their: name, address , occupation and date of birth
sec 10 rights upon arrest states…?
-inform the accused of their rights
-informed of the charge
-to retain and instruct counsel and to be informed of that right
-to have the validity of the detention determined by habeas corpus
-must inform about legal aid and duty to counsel
-provide a toll-free number for legal aid
when a police officer wants to talk to you…?
You can refuse politely and keep on walking
eg- sorry police officer i don’t want to talk
what is legal aid?
legal services paid by tax payers
who is eligible for legal aid?
people with low income who cannot afford legal services.
why is legal aid criticized?
only the poorest of the poor can get it and provides no relief to middle class earners
Hows habeus corpus determined?
has the right to bail hearing after 24h of custody
what is to be done if the police don’t release you from custody?
challenge habeas corpus and swear in courts that they’ve been denied they’re rights
How can the police hold people in custody for more than 24h?
-if they believe that the accused may commit more crimes in the near future
-a threat to victims or witnesses
-will interfere with the investigation
-possibility of not appearing in court
how can unstable financial status affect bail?
if the accused may not appear in court & skip bail.
what is reverse onus?
In serious offenses or if the accused committed a crime while on bail, they must convince the court why they shouldn’t be held in custody.
What is undertaking?
signed conditions the accused must live up to while on bail.
example of an undertaking?
-curfew
-not to associate with certain people
-not to go to certain places
-report to the police station within certain intervals
What is recognizance?
a document the accused recognizes that he or she is charged with a crime and promises to appear in court on the said date
What are the lawyer’s options if the accused plead guilty?
-attack crow’s case
-prepare for trial and questioning
-study legal texts
-consider precedent cases
why is disclosure important?
ensures a fair trial for the accused
-by disclosing the crown’s evidence to the defense, the crown receives time to investigate alibies before trial
-defense must disclose if they plan to use an alibi
-crows disclosure of evidence is needed for the defense to fully prepare accordingly
why does the RCMP collect genetic profiles in DNA banks?
-to link crimes in cases where there weren’t any suspects
-help identify subjects
-eliminate suspects if DNA samples are contradicting
-determine whether it’s a serial offender
What is adjournment??
postponing of court business
-Eg : no lawyer for the accused
what decisions are made by whom in the first court appearance?
crown prosecutor: call witnesses and present evidence against the accused
Defense: the lawyer will get to cross-examine the crown prosecutor’s witness
When is a preliminary hearing needed?
needed to decide whether there is sufficient evidence to proceed with a trial in a higher court
What is an appearance notice?
notice and a summons are official notices telling you that you must appear in court at a specific time and place to respond to a criminal charge.
what is swearing an information?
in the criminal context, police officers swear that reasonable and probable grounds were present to believe a person a committed a criminal offence
when can police officers arrest without a warranty?
-a person who has committed an indictable offence
-beliefs has committed or is about to commit an indictable offence
-a person whom he finds committing a criminal offence (red-handed)
when can police use force against the accused?
if the officer believes on reasonable grounds that this force is necessary for their self-preservation or the preservation of any one under their protection from death or grievous bodily harm.
summons vs warrant
-the seriousness of the offense is less in summon cases, a person may or may not be processed. required to sign the charging document promising to appear in court without a bond to ensure their appearance.
-whereas in the warrant case, the offense is grievous, and the warrant requires the police to arrest the person. they can be held in jail for up to 48 hours before they are brought before the issuing Court to answer the alleged charges.
