Test 3 Flashcards

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1
Q

What must an officer demonstrate before a search warrant can be obtained

A

Swear before justice in front of a judge must have reasonable cause

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2
Q

During an arrest what must the police officer state to the accused?

A

Notice an arrest Advice them why their being arrested state they have the right to a attorney right to remain silent. Physically touch to signify arrest.

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3
Q

Can the police require a polygraph test to be taken by the accused

A

No it is up to you

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4
Q

What info is on a search warrant

A

Date Indicated, item mentioned, address and name

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5
Q

What is a telewarrant

A

A court order issued by phone, fax or email to search a place or arrest a person

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6
Q

Describe the rights an accused person has to legal advice?

A

Right to counsel a lawyer right to remain silent

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7
Q

What is an adjournment

A

A postponement of court business

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8
Q

What is a summons

A

An order to appear in criminal court

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8
Q

What is a plea negotiation

A

A deal between the Crown and the defense for a guilty plea to a lesser charge or penalty

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9
Q

What is an information

A

The starting document for a less serious offence

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9
Q

How are extensive body seraches conducted

A

By officers of the same sex as the accused

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10
Q

What must a search warrant contain

A

Date indicated, item mentioned , address and name

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10
Q

What rights does the person have when they have been charged with committing a crime

A

Right to counsel a lawyer right to reamin silent

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11
Q

What is reverse onus

A

When the burden of proof is placed on the defense rather than the crown

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11
Q

If Info from an informant if being used to obtain a search warrant what must be proven

A

The officers must outline to the court why the informant is reliable

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11
Q

What occurs at a preliminary hearing

A

Very serious offences lets the provincial court decide if there is sufficient evidence to proceed with the trial in a higher court

12
Q

Under what circumstances can the police seize an item not listed on the search warrant

A

If they believe that there person posses illegal substances or weapons they can seize them

13
Q

How can the police detain a person legally and charge them with a crime

A

Arrest them

14
Q

What is a citizens arrest

A

Detainment by a civilian of a person believed to have committed a crime

15
Q

Define Detained

A

To stop a person from leaving or to confine someone

16
Q

What occurs at a bail hearing

A

Person must be brought before a judge. Bail money or property is guaranteed to the court will return to court later that day

16
Q

What is a line-up

A

A line of people formed by the police or identification

17
Q

When are the police allowed to enter a private residence

A

Search warrant

18
Q

What is disclosure

A

All evidence against the accused that the crown must reveal to the defense early in the proceedings

19
Q

What is the purpose of a preliminary hearing

A

It lets the Prov Court judge decide whether there is sufficient evidence to proceed with a trial in a higher court