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Leagult Police Powers > Test #1 > Flashcards

Test #1 Flashcards

1
Q

What is arrest?

A

Arrest means to legally deprive an individual of their liberty by physically detaining them, with or without their consent

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2
Q

Where does a police officers authority to arrest without a warrant for a criminal act come from?

A

Section 495, of the criminal code

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3
Q

What is 495 (1)

A

A peace [police] officer may arrest without a warrant

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4
Q

What is 495 (1) (a)

A

A person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence

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5
Q

What is 495 (1) (b)

A

A person whom he finds committing a criminal offence

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6
Q

What is 495 (1) (c)

A

A person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal… is in force within the territorial jurisdiction in which the person is found

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7
Q

What is the purpose of section 495 (2)

A

This section specifically prohibits peace officers from making an arrest under specific circumstances

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8
Q

What is section 495 (2)

A

A peace officer shall not arrest a person without a warrant for:

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9
Q

What is S 495 (2) (a)

A

An indictable offence mentioned in section 553

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10
Q

What is S 495 (2) (b)

A

An offence for which the person may be prosecuted by indictment or for which he is punishable in summary conviction or

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11
Q

What is S 495 (2) (c)

A

An offence punishable on summary conviction, in any case where

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12
Q

What is S 495 (2) (d)

A

He believes on reasonable grounds that the public interest, having regards to all the circumstances including the need to

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13
Q

What is S 495 (2) (d) (I)

A

He believes on reasonable grounds that the public interest, having regards to all the circumstances including the need to
I) establish the identity of the person

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14
Q

What is S 495 (2) (d) (ii)

A

He believes on reasonable grounds that the public interest, having regards to all the circumstances including the need to
ii) secure or preserve evidence of or relating to the offence, or

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15
Q

What is S 495 (2) (d) (iii)

A

He believes on reasonable grounds that the public interest, having regards to all the circumstances including the need to
iii) prevent the continuation or repetition of the offence or the commission of another offence,

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16
Q

What is S 495 (2) (e)

A

He has no reasonable grounds to believe that, if he does not arrest the person, the person will fail to attend court in order to be dealt with according to law

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17
Q

What are the 3 stage process of criminal proceedings?

A
  1. charge laid
  2. compel appearance
  3. trial (court appearance)
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18
Q

What are the 3 steps involved in laying a charge?

A
  • completing the “information” criminal code form 2
  • ex parte hearing
  • oath
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19
Q

What is an Information?

A

CC Form 2

- laying an Information results in a person being “charged”

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20
Q

What section of the CC deals with the issue of P-RICE

A

S 495 (2)

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21
Q

TRUE OR FALSE Investigative detention requires a police officer to be able to connect a person with a crime

A

true

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22
Q

TRUE OR FALSE Police are not required to read rights to counsel when detaining for investigative purposes TRUE OR FALSE

A

false

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23
Q

Arrest and investigative detention are types of:

A

custody

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24
Q

The legal “form” used to officially charge a person is known as:

A

an Information

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25
Q

TRUE OR FALSE If P-RICE is fulfilled, a police officer may release the offender using a Form 9 or Form 6

A

True

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26
Q

What is the document that charges a person

A

Form 2-Information

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27
Q

What is the name given to the meeting that occurs between the informant and the JP?

A

Ex Parte

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28
Q

What legal term means “By or for one party” or “by one side (of an argument)?”

A

Ex Parte

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29
Q

TRUE OR FALSE Being stopped for a traffic violation is by legal definition, a type of “detention”

A

True

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30
Q

A ___ is given to someone who is NOT yet charged with a crime but soon will be. It forces them to appear in court

A

Appearance notice

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31
Q

An appearance notice is also known as:

A

CC Form 9

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32
Q

TRUE OR FALSE Police are NOT allowed to release a person charged with a straight indictable offence not listen in s 553 CC

A

True

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33
Q

When do “Criminal Proceedings” begin?

A

when the accused is charged

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34
Q

TRUE OR FALSE 2 or more people can be charged using the same CC Form 2- Information TRUE OR FALSE

A

False

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35
Q

Name the 4 steps for an appearance notice (Form 9)

A

1) Offence committed
2) Appearance notice issued
3) Information (Charge) laid
4) Trial

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36
Q

Name the 4 steps for a summons (Form 6)

A

1) Offence committed
2) Information (charge) laid
3) Summons served
4) Trial

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37
Q

A criminal proceeding starts with ____ and ends with ___

A

starts when charge(s) laid, and ends with the conclusion of criminal proceedings

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38
Q

What does P-RICE stand for?

A 
P-public interest
R-repetition 
I-identity 
C-court
E-evidence
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39
Q

Section 7

A

the right to life, liberty, and security

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40
Q

Section 8

A

the right to be secure against unreasonable search

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41
Q

Section 9

A

the right not to be arbitrarily detained or imprisoned

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42
Q

Section 10

A

the right upon arrest to be advised of the reason for the arrest

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43
Q

Section 11

A

right to be informed of the specific offence

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44
Q

Section 12

A

right not to be subjected to cruel and unusual punishment

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45
Q

Common law

A

based on past decisions+practices. Must be able to evolve, and remain both relevant+responsive to societal needs

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46
Q

What are the facts in issue?

A

time, date, location, identity of accused, mens Rea, and acts Rea

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47
Q

Listen the 5 parts of the RDM

A
  1. Offence recognition
  2. Classify the offence
  3. Classify the belief
  4. Identify the custody authority (if any)
  5. Search authority
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48
Q

What does the Rapid Decision Making Model help you do?

A

Helps officers decide whether to arrest or detain someone for a criminal offence

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49
Q

What is the constitution?

A

supreme law of Canada, its the highest of land

- April 17th 1982

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50
Q

Federal Government exclusive Powers (The 3Cs”

A
  • creation of criminal law
  • changes of criminal law
  • cancellation or repeal of criminal laws
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51
Q

Section 13

A

A witness who testifies in a legal matter, has the right to not have any evidence that may be incriminating in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence

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52
Q

Section 14

A

A party or witness in any proceedings who doesn’t understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter

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53
Q

Section 24

A

This section permits a person whose rights have been infringed to apply to a “court of competent jurisdiction” for “such remedy as the court considers appropriate and just in the circumstances”

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54
Q

What is S 7-14 composed of?

A

Legal rights

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55
Q

What is S 1 composed of?

A

just an important reminder that constitutional rights are not absolute

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56
Q

What is S 24 composed of?

A

Just a remedy

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57
Q

Investigative Detention

A

A situation where RG to arrest doesn’t exist, but police may detain the person to determine whether he/she is involved in a crime under investigation

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58
Q

What is investigative detention recognized as of 1993?

A

form of custody different from arrest

  • authorized by common law/judges ruling
  • not the CC, judge made it
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59
Q

What are the common law duties of police? (3 P’s)

A

1) Preserve Peace
2) Protect Life & Property
3) Prevent Crime

60
Q

R v Grant outcome

A

SCC ruled that detention can be physical or psychological in nature

61
Q

R v Suberu outcome

A

Police MUST inform people of RTC immediately (“without delay”) upon arrest or detention

62
Q

R v Harrison outcome

A

Flagrant Charter violations by police/LE will be dealt with harshly by the courts

63
Q

R v Mann outcome

A

SCC made investigative detention detention a legal reality in ALL of Canada

64
Q

R v Simpson outcome

A

Ontario court of appeal ruling that police have a limited authority to detain people when there are RG to suspect they are involved in a criminal offence

65
Q

subjective test

A

RG belief based on officer’s experience

- “2 limb test”

66
Q

objective test

A

based on another person’s potential to believe

- “2 limb test”

67
Q

What level of belief is completely subjective and random?

A

Arbitrary belief

68
Q

Which of these represents a greater level of belief? Reasonable grounds to suspect or reasonable grounds to believe?

A

Reasonable grounds to believe

69
Q

A traffic stop is an example of…Investigative detention or brief detention?

A

brief detention

70
Q

The rules governing “investigative detention” are found where?

A

common law (case law)

71
Q

In order for an investigative detention to be legal, police must be acting in accordance with:

A

common law duties

72
Q

True or false, to be legal an investigative detention requires the person is implicated in a criminal activity

A

true

73
Q

True or false, in order to search a person detained for investigative purposes, police must have RG to believe the person is armed

A

True, the only time a cop can search them is if the police officer can justify in court (or in time) is if they had RG to believe they have a dangerous item/weapon in their custody

74
Q

True or false, Police MUST inform people of right to counsel immediately (without delay) upon detention

A

true

75
Q

True or false, Investigative detention can be physical or psychological in nature

A

true

76
Q

This case was the first to recognize investigative detention as a legitimate police power in Ontario

A

R v Simpson

77
Q

True or false, police may use reasonable force when attempting to detain a person

A

true

78
Q

In what section of the CC do we find the concept of RICE+4P’s or P-RICE

A

Section 495(2)CC

79
Q

P-RICE must be applied against which classification of crimes?

A

All offences listed in s. 553 CC, all s/c, all hybrid

80
Q

S. 553 criminal offences have a maximum penalty of?

A

2 years

81
Q

What is the 3rd step in the RDM making model?

A

classify the belief

82
Q

What is RICE and the 4P’s aka P-RICE?

A

Circumstances when police must not arrest OR must release from custody

83
Q

What Powers are Police Officers in Canada Granted?

A 
Arrest
Detention/detaining a person
Search 
Seizure 
Charge 
Force 
Discretion (one of the greatest powers police officers have)
84
Q

federal government has exclusive power over what?

A

The 3C’s
The creation of criminal law
Any changes of criminal law
Cancellation or repeal or criminal laws

85
Q

name the 3 provinces that have their own services

A

SQ> QC
OPP> ON
RNC> NL

86
Q

what are statutes?

A

laws or rules

  • Codified, enacted, and given royal assent
  • Federal and provincial (ex; criminal code, liquor license act)
87
Q

what are regulations+bylaws

A

-“Delegated” legislation created by subordinate governments

ex; HTA regulations, noise bylaw, pool fences bylaw, etc

88
Q

common law+case law

A

Judges make decisions based upon the involved statue AND precedence > Stare Decisis (latin for let the decision stand)

89
Q

Which level of government is responsible for ensuring criminal laws are enforced?

A

provincial

90
Q

Which level of government is responsible for prosecuting criminal cases?

A

provincial

Only thing federal law does with criminal law is the 3 C’s

91
Q

Which level of government has total authority for creating, amending, and repealing criminal law?

A

federal

92
Q

What is the name of Nova Scotia’s provincial police service?

A

RCMP

93
Q

true or false Federal law permits cities to create their own police departments

A

false

94
Q

Regulations are considered to be _____ _______

A

Delegated legislation

95
Q

How does “ The Charter” impact police officers?

A

Court enforced accountability

96
Q

When laws violate the charter, the laws are said to be:

A

Unconstitutional
Of “no force or effect”
Example: abortion, section 7 says everyone has the right to life+liberty, goes to court (supreme court of Canada) the law as it currently existed back in the 80’s is in constitutional b/c it doesnt cover her rights over her body

97
Q

What section of the Charter outlaws arbitrary arrest or detention?

A

s 9

98
Q

True or false? A person must be told they’re under arrest in order to be considered in “custody”

A

false

99
Q

What section of the charter protects us from unreasonable search and seizures?

A

s 8

100
Q

True or false? Section 31 CC (breach of peace) is not classified as a criminal offence

A

true

101
Q

According to section ___ of the chatter, police must tell a person that they are under arrest and the reason why

A

Section 10- give them 10 good reasons why they are under arrest

102
Q

According to section ___ of the Charter, people rights and freedoms are subject to reasonable limits

A

s 1

103
Q

Section ___ of the charter provides remedies against unconstitutional government action

A

s 24

104
Q

What legal term refers to the doctrine of precedent?

A

stare decisis

105
Q

What legal concept uses “subjective and objective” standards to measure or determine the actions of something?

A

reasonableness

106
Q

Operation while impaired (DUI)

A

hybrid/dual procedure

107
Q

Aggravated assault

A

indictable

108
Q

Uttering threats to cause death or personal injury

A

hybrid

109
Q

sexual assault

A

hybrid

110
Q

The “indecent” offence pictured here… (two guys peeing in public)

A

hybrid

111
Q

Taking a motor vehicle without consent (Joyriding)

A

Summary conviction offence- lots of kids do this

112
Q

robbery

A

indictable

113
Q

assault causing bodily harm

A

hybrid (all assaults except aggravated)

114
Q

Making indecent/harassing communications

A

hybrid

115
Q

trespassing at night

A

summary

116
Q

Fare fraud (obtain transportation by fraud)taking a taxi then running when its time to pay

A

summary

117
Q

Causing a disturbance (by being drunk, swearing, singing, fighting, etc)

A

summary

118
Q

break+enter

A

hybrid

119
Q

failing to attend court

A

hybrid

120
Q

theft over $5000

A

hybrid

121
Q

mischief under $5000

A

hybrid

122
Q

Public mischief- telling lies to a police officer, sending them on a wild goose chase

A

hybrid

123
Q

Keeping a gaming or betting house

A

hybrid

124
Q

Person found in (or owner permitting use of)gaming house

A

summary

125
Q

theft under $5000

A

hybrid

126
Q

Terry v Ohio outcome

A

allows police officers to stop+frisk suspicious individuals without probable cause (for weapons)

127
Q

what is the purpose of “caution?”

A

to ensure the accused is aware of his/her right to legal aid/duty counsel for free legal advice.

128
Q

Which section of the Criminal Code provides police officers with the power to use reasonable and justifiable force when doing anything to enforce the law, such as making a lawful arrest?

A

s 25

129
Q

TRUE OR FALSE A search of a person incident to investigative detention provides police with the power to search for evidence, weapons, any means of escape (tools, keys, etc.).

A

false

130
Q

The search of a person after his/her arrest is referred to as:

A

search incident to arrest

131
Q

To avoid police abuse of their legal powers, society, through its laws, relies on the combined effect of two factors

A

limitations and accountability

132
Q

Which of the following represents a greater level of belief (more belief): reasonable grounds OR belief beyond reasonable doubt?

A

belief beyond reasonable doubt

133
Q

TRUE OR FALSE Reasonable grounds require less evidence/belief than something judged based upon the balance of probabilities.

A

true

134
Q

Complete the following statement: “The greater the evidence, the greater the ____.

A

belief

135
Q

True or False: The term “find committing” is defined in the Criminal Code.

A

false

136
Q

Which sections of the Criminal Code establish a police officers lawful authority to arrest a person without having to use an arrest warrant?

A

s 31+ s 495

137
Q

What is the fifth legal authority for making an arrest without a warrant under s. 31(1) C.C.?

A

breach of peace

138
Q

What are the sources of evidence?

A

1) Human observation

2) Physical items

139
Q

When are items seized during a search incident arrest not automatically admissible in court?

A

If the search and/or seizure violates the Charter of Rights

140
Q

What is an “election”?

A

The choice an accused person has regarding the level of court where the trial will be conducted and whether or not there will be a jury.

Also refers to the Crown’s option on how a matter will be tried: indictment vs. summary conviction

141
Q

What limit has the Supreme Court of Canada imposed on the searches incident to detention?

A

Officer safety is the primary purpose.

142
Q

What two case law decisions establish procedures that guide obtaining valid consent?

A

R. v. Wills (1992)

R. v. Borden (1994)

143
Q

When do reasonable grounds not exist?

A

If multiple logical conclusions are possible.

144
Q

The considerations used to justify an arrest of someone without warrant:

A

Repetition (of offence)
Identity (of accused)
Court (likelihood of appearing for)
Evidence (protection/seizure of)

and…

Public Interest Needs (PIN) such as: Protection of the public, protection of the accused, prevent breach of peace, etc.

145
Q

In which level of court do jury trials take place?

A

superior court

Leagult Police Powers (3 decks)

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