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Law 30 > Unit 2 Part 3 > Flashcards

Unit 2 Part 3 Flashcards

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1
Q

Police can arrest when
A)
B)

A

A) a suspect is “caught in the act”

B) evidence/investigation leads to a warrant

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2
Q

What is a suspect referred to once they are charged?

A

The accused

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3
Q

What section of the Charter lists the legal rights of the accused?

A

S. 7-14

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4
Q

What does S. 7-14 list specifically? (Protections)

A
  • protect people through the criminal justice system

- protect against unfair treatment by officers, judges

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5
Q

What does S. 7 of the Charter guarantee?

A

LIfe, liberty, and security of the person which relates to criminal matters.

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6
Q

Why does S. 7 relate to criminal matters? What does Liberty mean in relation? What does Security of the Person mean in relation?

A

Liberty- the accused risks losing their “liberty”; this loss of freedom rights is justifiable since they violated the Criminal Code.
Security of the person- right to be safe from harm; applies to police using excessive force to gain information or a confession

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7
Q

What is the most important limit of police behavior?

A

Their requirement to obtain a search warrant properly before conducting a search.

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8
Q

How do police obtain a search warrant?

A

They apply to a judge or justice and have to show concrete reasons (reasonable and probable grounds) there is evidence of a crime.

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9
Q

What doe officers have to show a clear connection between to ensure that the evidence was nto conjured up during a search?

A

A clear connection between the criminal offence and the search to ensure that the evidence was evident.

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10
Q

What is reasonable grounds?

A

What the average person would believe to be sensible and logical.

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11
Q

What is probable grounds?

A

The connection between the accused and the offence must be probable, not random or assumed on a hunch.

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12
Q

What happens if evidence is gathered unlawfully by police? What are some examples?

A 
It becomes inadmissible in court. 
Ex: 
-improper searches
-searched without a warrant
-violated Charter during search
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13
Q

What 3 options do police have once they are ready to charge a suspect?

A

1) issue an appearance notice- voluntarily, not a threat
2) arrest the suspect- area a danger/potential threat/more crimes/remove evidence
3) obtain a warrant for arrest- if they can’t find the suspect

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14
Q

When is an appearance notice given?

A

This is given if it is believed the accused is not a threat and will show up to a hearing voluntarily.

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15
Q

When is an appearance notice given?

A
  • summary conviction

- less serious indictable offences

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16
Q

What does an appearance notice list?

A

Lists the offences the accused is charged with and the date/time of the court date they are required to attend.

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17
Q

Who issues an appearance notice?

A

Is issued by a police officer

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18
Q

When do police arrest a suspect?

A

In more serious indictable offences and place them into custody.

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19
Q

For what three reasons are people arrested?

A

1) lay charges
2) preserve evidence
3) prevent the accused from committing more acts

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20
Q

Any officer can arrest as long as they have what?

A

Reasonable grounds

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21
Q

What do the police read once they arrest someone?

A

“reading the caution to the accused”

22
Q

What are the 5 steps in reading the caution to the accused?

A

1) Notice on arrest (identifying himself/herself). “I am Police Constable Lemieux”.
2) Advising the accused that he or she is under arrest and the offence charged with “I am arresting you (suspect’s name) for (brief description of the criminal act(s) the officer believes the suspect has committed).
3) caution 1, right to counsel lawyer “It is my duty to inform you that you have the right to retain and instruct counsel without delay. Do you understand?” This includes the right to free advice from a legal aid lawyer and a phone number to reach such a person.
4) Caution 2, right to remain silent. “You are charged with (states the criminal offence). Do you wish to say anything in answer to the charge? You are not obligated to say anything unless you wish to do so, but whatever you say may be given in as evidence…”
5) Physically touching the accused to signify custody (this often involves handcuffs).

23
Q

What happens if the accused resists arrest?

A

The officer can use “as much force as is necessary” (reasonable amount).

24
Q

What happens if more force is used during an arrest “than is necessary”?
Violated rights:
Excessive force:

A

Violated rights: the trial judge decides if accused’s “security of person” right was violated by the arrest.
Excessive force: would result in a criminal or civil assault charges against the officer.

25
Q

When is deadly force acceptable during an arrest?

A
  • the suspect’s behaviour may cause serious harm or death
  • the suspect tries to flee to escape arrest
  • no alternatives exist to prevent escape
26
Q

What happens if the police cannot find the accused?

A

They go before a judge who gives a summons that is delivered to the accused by a sheriff or deputy to find the court. The summons states the accused must appear in court on a set date/time. If police can demonstrate the accused will not voluntarily come, the judge will issue an arrest warrant.

27
Q

What does an arrest warrant include?

A
  • the name of the accused
  • the offences they are charged with
  • an order for the arrest of the accused
28
Q

When are warrants not given?

A

If police have not provided reasonable grounds.

29
Q

Which part of the Criminal Code covers citizen’s arrest?

A

S. 494 of the Criminal Code

30
Q

When can a citizen’s arrest take place?

A

If a citizen witnesses an offence or has reasonable grounds the suspect committed one, the citizen can arrest them.

31
Q

What needs to be stated clearly during a citizen’s arrest and what can they not use? What must they do after the arrest?

A
  • they must state clearly why they are placing the suspect under arrest
  • they cannot use excessive force
  • they have to surrender them to police promptly
32
Q

When can you be sued after a citizen’s arrest?

A

If you act in an unreasonable way.

33
Q

What are some examples of citizen’s arrest?

A

1) security officers
2) store clerks
3) private detectives

34
Q

What do the 6 duties of police officers include?

A

1) crime prevention
2) law enforcement
3) assistance to victims of crime
4) maintenance of public order
5) emergency response
6) investigation of crime

35
Q

What are the 3 levels of policing in Canada?

A

1) Federal: RCMP
2) Provincial
3) Municipal: City police

36
Q

What are the RCMP?

A

They are the national police force, equivalent to the Federal Bureau of Investigation (FBI) in the U.S. They are paid for by the federal government.

37
Q

What is the Provincial level of police?

A

Only in Quebec and Ontario. Paid for by the provinces of Ontario and Quebec. They are the Canadian equivalent of the American State Troopers. These two provinces have their own police force because of their population numbers/culture.

38
Q

What are city police?

A

They enforce city and criminal laws (bylaws). Ex. No fire pit past 11 pm, park/vehicle/no licence, assault, murder. They are paid by city (city citizen taxes).

39
Q

What are the four ways to control Police conduct?

A

1) Legislatively: through statutes like the Police Service Act- per province.
2) Judicially: through common law precedents.
3) Administratively: commissions oversee conduct and investigate occurrences
4) Constitutionally: legal rights of citizens are outlines in Section 7-10 of the Charter.

40
Q

What is the conflict of interest with Administratively controlling police conduct?

A

There needs to be a 3rd party that will only investigate complaints against RCMP so that there is no bias. They can’t be investigating their coworkers.

41
Q

If police officers break rules of police conduct, what are the possible consequences?

A
  • evidence may be refused, resulting in possible acquittal
  • criminal charges
  • civil lawsuit against them
42
Q

What does each province have to ensure proper police conduct?

A
  • a public board overseeing police conduct

- Provincial Police Services Act

43
Q

What does the Provincial Police Services Act detail?

A
  • duties of officers
  • consequences for failing duties or charges of misconduct
  • procedures for dealing with public complaints
44
Q

What are the major duties of police as first responders?

A
  • establish and maintain order
  • secure the scene to preserve evidence
  • keep an accurate log of what they see/hear at a crime scene
    • present that evidence in court
45
Q

What two things must police search the accused for during arrest?

A

1) potential evidence of the charge

2) items helping the accused to escape

46
Q

Where do more thorough searches happen?

A

At the police station (body searches).

47
Q

What are the requirements for body searches?

A
  • they must be done by officers of the same sex

- they can note be done without reasonable and probable grounds

48
Q

Who determines whether a body search was necessary/reasonable?

A

A trial judge

49
Q

WHen does fingerprinting/photographing happen?

A

During arrests

50
Q

What is a police line up?

A

The accused may be added to a line up for witnesses to identify.

51
Q

WHat tests may be utilized to gather evidence?

A
  • lie detector tests (polygraph test)
  • blood
  • urine
  • DNA
  • breath sample
52
Q

Can tests utilized to gather evidence be refused by the accused? If so, are there exceptions?

A
  • These tests can all be refused by the accused except:
  • the blood/breath samples in impaired driving offences where it is required
  • DNA samples may be required with a court-issued warrant granting its demand.

Law 30 (12 decks)

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