Test 3 Flashcards by Ashleigh LaBlance

This legal principle states that: “A search can be directed only at a person or a place”.

focus of search

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true or false Reasonable searches are considered legal

true

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true or false Unreasonable searches are searches that take place without any legal authorization

true

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true or false A police officer may apply for a warrant if he/she has suspicion to believe items intended to be searched for are in the place that the police request permission to search.

false

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true or false When the police have lawful authority to search a place, there is no place where they are totally prohibited from entering.

true

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This section of the Criminal Code deals with a specific type of search warrant that permits the installation, maintenance, monitoring, & removal of a tracking device.

s.492.1

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true or false On an Information to Obtain, a statement such as “any evidence that will prove the offence” is sufficient explanation of the objects to be searched for.

false

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This is a “Jeopardy” style question. I’ll give you the answer and you must provide the proper question.

“A conclusion or opinion offered with no explanation or facts to support it.”

a conclusory statement

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Do all officers participating in the execution of a search have to be individually named on a s. 487 C.C. search warrant?

No, any police officer(s) in the “territorial jurisdiction” may execute the search warrant

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Does the officer named in the search warrant (the officer to whom the warrant was issued) have to be present, at the place to be searched, when the warrant is executed?

no but they should participate

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Which part of “proper announcement” is conveyed by stating a lawful reason for entry (for example, “Search Warrant!!!”)

notice of purpose

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Does video surveillance of activity in a private place constitute a search?

yes

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Which of the following offences is not designated as an offence for which a Forensic DNA analysis warrant may be obtained?

Murder
Common Assault
Arson
Kidnapping

common assault

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a warrantless search is defined as a search without _____ and without ______

judicial authorization and consent

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What section of the Criminal Code permits police officers who are lawfully in a place to: “seize anything that the officer believes on reasonable grounds has been obtained, or has been used, or will afford evidence in respect of an offence against the Criminal Code or any act of Parliament”?

s.489(2)

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Which case upheld the conviction of a police officer who deliberately failed to gather evidence needed to lay criminal charges against another officer?

R. v. Beaudry

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Improper use of discretion can constitute the criminal offence of __________

obstruct justice

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true or false A police officer is entitled to use discretion in laying a charge in order to avoid potential civil liability

false

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When considering the laying of criminal charges, proper use of discretion by police officers requires:

a reasonable grounds belief that an offence has taken place and the duty of police to protect the public from future risk of death or injury

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does the criminal code explain discretion?

no it does not explain discretion

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What is a Form 1?

Information to obtain a search warrant

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What is a Form 5?

Warrant to search

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What is a Form 5.1

Warrant to search

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What us a Form 5.2?

Report to a justice

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Who has the authority to issue a search warrant?

JP, provincial court judge, superior court judge

Out of these 3 people (JP, provincial court judge, superior court judge) who has the exclusive power to issue a Canada wide warrant?

Only superior court judge

True or false: social economic and demographic makeup of members of a community, does that have an influence on how officers use discretion?

true

What section of the charter of right and freedoms is most likely to be tested when it comes to search warrants in court etc?

sec 8

What is the importance of s 25 cc in relation to a search warrant?

S 25 is when were legally allowed to use reasonable force in order to get in, b/c you've asked for permission, have the warrant, made your announcement etc

What is the concept of disclosure?

In criminal cases, the practice in which the Crown provides the defence with all evidence gathered in an investigation

What is the proper legal name for the document that is the application to try to obtain a search warrant?

Information to obtain

What is a confidential informant?

Someone that gives information to the police with the promise of confidentiality

Who bears the responsibility to ensure the person stays confidential?

Crown attorney, and police sorta

What is likely to happen if youre a cop and you have used a CI to lay charges in relation to something big (human trafficking etc), what happens if when the case goes to court, the defence demands to know the indetnity of your CI? The defence lawyer makes a successful argument to the judge, and they have to disclose your source

Evidence would become inadmissible, b/c you can’t give out that evidence/information

What are the search warrant requirements? (HINT: OIL)

Reasonable grounds and nexus of: Offence involved Item- evidence of offence Location- building, receptacle, vehicle, or “place”

What is a Form 5.2?

document police officers must fill out without reasonable delay (forthwith) it contains: what was seized, when, as many details as possible, etc

An application for forfeiture must be made within how many days of seizure or else the property must be returned?

30 days

If an application of forfeiture is filled out after 30 days, what must happen?

property must be returned

What is R v Belliveau (1986) 3 part test?

1. Initial intrusion/ entry into the place must be lawful 2. Discovery must be inadvertent (unplanned) 3. Must be obvious that the item(s) is evidence of crime

What is Locard's Principle?

Anytime we or any person touches something it leaves something of themselves and they take something with them

Why do Canadian police have common law and statutory powers?

To search people, places and things

Warrantless searches in Canada are presumed to be _______

unreasonable

How can the outcome of a trial be impacted?

It can be impacted by the reasonableness of a search/seizure and how the evidence is handled

Which criminal case ruled there are 3 main requirements for plain view doctrine?

R v Beliveau

True or False A person who throws away their backpack while being chased by police is abandoning the rights to privacy for the contents

true

True or False Police are authorized to intrude on a person's right to privacy either through statute or by common law

true

True or False Police searches conducted without a warrant are presumed to be unreasonable unless proven justified

true

True or False Generally speaking a lawful search can only be done with prior judicial authorization

true

An Individual alleging a breach of their charter rights bears the burden of proving that violation...

On the balance of probabilities

True or False Reasonableness of a search has both a subjective and objective component

true

True or False Person gives up their section 8 rights including an expectation to privacy when their property becomes abandoned

True

True or False A person who throws away their backpack while being chased by police is abandoning the rights to privacy for the contents

true

What will allow search and seizure to withstand charter challenges?

It will withstand Charter challenge if officers work within their legal authorities and limitations

What forms must officers complete in order to begin the process of applying for a warrant?

CC Form 1

Warrantless search means what?

Any search conducted without prior judicial authorization, but using some other legal authority (not saying its illegal)

Explain R v MacDonald

- SCC imposed more demanding conditions - Must have RG belief that person is armed and dangerous “in possession of an offensive weapon” - officers went into his apartment without consent - conditions to justify a police search incident to investigative become more severe

True or False, police are allowed to search a vehicle as long as it is in the “immediate surroundings”?

true

True or False, ownership matters when it comes to searching a vehicle

false

What is Nexus of Search?

It is a direct relationship between the offence that has been committed, the evidence the police need to secure in their investigation, and the location the police believe the evidence will be located

what are the 3F's

1. full 2. frank 3. fair

Warrantless search is what?

Prima facie unreasonable

If a search takes place without a warrant, people must prove reasonable grounds that what happened?

- An offence was committed - Item(s) to be searched for will be evidence of the offence - Item(s) to be searched for are in a place or on a person - It was not possible to obtain a warrant - A specific legal authority permitted the warrantless search

What are the 4 factors that police consider when making discretionary decisions?

1. The offence that has been committed 2. The person(s) involved 3. Any applicable organizational policies and procedures, 4. Potential alternative outcomes

What are the 3 types/forms of discrimination?

1. Direct discrimination 2. Systemic discrimination 3. Indirect discrimination

What is direct discrimination?

Most common type, directed toward a person based on characteristics such as age, gender, culture and sexual orientation

What is systemic discrimiantion?

Discrimination in which certain attitudes or values become the accepted standard in an organization or even a community

What is indirect discrimination?

Discrimination, generally unintentional that results from a policy or practice that on the face of it seems reasonable (example: height requirement for police)

What are the 4 types of searches?

1. Field search level 1 2. Thorough search level 2 3. “Strip” search level 3 4. Body (cavity) search level 4

Searches must be what?

Legal, thorough, methodically, safe (Like The Man Said)

What is a field search?

Involves search out in field or street, consists of pat down “frisk”

What happens in a thorough search?

Conducted out of the public's view or police facility, involves removal of some clothing but not enough to expose a person's undergarments

What happens in a “strip” search?

Conducted at a police facility, involves the removal of all clothing

What happens in a body (cavity) search?

Body search conducted by a medical doctor at a hospital. Need consent from the person or a search warrant, normally b/c police believe they have drugs hidden in their body

what is an affiant?

officer who writes the warrant application

what is an agent?

person who acting under the direction of the police goes out into the field to gather info for the police

Which section of the Criminal Code authorizes police (peace) officers the right to use discretion in relation to charging an offender?

s 504

true or false Police officers are the only professionals within the criminal justice system that have the right to use discretion.

false

Which of the case created a use-of-discretion model that police officers may use to guide their actions?

R v Beaudry

Which case ruled that discretion is essential to the criminal justice system?

R v Beare

true or false Plea-bargaining is an example of discretion.

true