Unit 4 - Textbook Questions Flashcards
What are 3 options available to police when it is believed that an offence has been committed?
1) Appearance notice
2) Arrest
3) Warrant for arrest
What should an appearance notice look like if police believe a crime was committed?
Document states that officer believes on reasonable grounds that the offence was committed by the person. Indicates the offence, and gives the time and place of their court appearance.
How should arrest go about if police believe a crime was committed?
For more serious indictable offences officer must:
1) identify themselves
2) advise the accused that he or she is under arrest
3) inform the accused of the charge(s)
4) touch the accused to signify that he or she is legally in custody
What should a warrant for arrest look like if police believe a crime was committed?
If the accused flees an officer can swear information to Judge or Justice who issue a summons. If the accused won’t voluntarily appear in court, a warrant for arrest will be issued.
What is the purpose of an arrest?
To lay a charge, preserve evidence, and prevent the accused from committing a further offence.
How much force may an officer use when making an arrest?
• if the accused resists arrest, police officer can use as much force as is necessary to prevent an escape.
• criminally liable for unnecessary force
• force that is likely to cause death or grievous bodily harm can be used if it protects others from death or bodily harm
What does the bill passed in 1994 say about when use of deadly force in arrest is acceptable?
• the behaviour of a suspect poses a threat of serious harm or death
• the suspect flees in order to escape arrest
• no other less violent means exists to prevent escape
In what circumstances may an officer make an arrest?
An officer can arrest without warrant if there are reasonable grounds to believe that a person has committed an indictable offence, is committing an indictable or summary offence, or is about to commit an indictable offence.
After arrest, the officer must swear an information before a judge or Justice
Describe the circumstances in which a citizen may make an arrest
Committed in the past:
summary and indictable - may arrest if suspect is immediately pursued by a person with right to arrest.
Observer being committed:
summary- may not arrest unless it’s on their property.
Indictable - may arrest
About to be committed:
Summary and indictable - may not arrest
Describe the circumstances in which a peace officer can make an arrest
WITHOUT A WARRANT
Committed in the past:
Summary - may not arrest
Indictable - may arrest
Observed being committed:
Summary - may arrest
Indictable - may arrest
About to be committed:
Summary - may not arrest
Indictable - may arrest
*arrest can be made at any time with a warrant
Describe the circumstances under which a citizen is obliged to help make an arrest
If they are commandeered by an officer to give assistance, as set out in the criminal code
What are the 3 levels of police in Canada?
Federal (RCMP), provincial (RCMP except in Ontario and Quebec), municipal police (RCMP if too small)
Whys it important that a police officer keep a good log?
Because the log, what is remembered, and the conduct of the officer in making an arrest and interrogating the accused are frequently the most important factors in determining the acceptance of evidence by the court.
Name two items from which scientists can gain clues about a crime / what are 3 body sample that can be obtained under a warrant.
Blood or bodily fluid
Teeth, bones, hair, fingerprints
Under what circumstances can a judge issue a warrant for the obtaining of a sample of body fluid or DNA testing?
The criminal code permit the police to obtain samples of bodily substances by way of a warrant from a person who is reasonably believed to have been a party to certain designated criminal code offences.
What is the purpose of a preliminary hearing?
Enables the provincial court to decide whether there is sufficient evidence to proceed with a trial in a higher court.
If not accused is discharged
If yeah trial date is established
What happens during a preliminary hearing?
The crown presents some of its evidence. The crown prosecutor has only to make a prima facie case.
Could have preliminary motions
What are the pre-trial motions the accused may make?
1) adjournment- delay or end and carry on (material witness is absent)
2) change of venue (caused by media reporting)
3) inspection and testing - of evidence from the crown
4) Quash or amend - something is no longer accepted
5) admissibility of evidence - whether certain evidence can be presented in trial
6) separate trials - charged with other people or for more than one offence
What is a plea bargain?
A process in which the crown and the accused “make a deal,” usually resulting in the accused pleading guilty to a lesser charge.
How can a plea bargain benefit the accused?
They would have a lower penalty than would he received if found guilty of the original charge.
How can a plea bargain benefit the crown?
Saves time and cost and frees up the court for other cases.
What are some root causes of crime?
Poverty, mental illness, alcohol/drugs, peer pressure, anger/rage
What is the first court appearance?
Show-cause hearing
What is the second court appearance?
Set a trial date and decide which court case will be tired. Or ask for an adjournment
How do you obtain a search warrant?
An officer must swear before a judge or Justice that an offence has been committed and that there are reasonable grounds to believe the evidence of illegal activity is on the premises.
How can search warrants be used?
• can only search residence on the date indicated between 6am-9pm (unless otherwise stated)
• can only search areas and items outlined in warrant.
• only items on the warrant can be seized unless other illegal items used in the commission of the crime are found while carrying out the terms of the warrant or be in plain view.
• seized item can be kept for 3 months or longer for evidence
What are the rules when police show up at your house with a warrant?
• if permission of entry is refused or no one answers, police can break into the premises
• answerer can ask to see the warrant (document must have no errors)
When can police search an individual?
After an arrest, unless they believe that the person losses illegal drugs, liquor, or weapons
Rules for publishing about search warrants
Criminal code made it a summary offence to publish the name of the location searched, or the name of the occupants, unless a charge was laid or the occupants gave their permission
What is the ruling for using video surveillance, tracking devices, and telephone recorders?
Can be used with the permission of a judge, so long as they don’t interfere with a persons bodily integrity or property
If it’s video surveillance where the person has reasonable expectation to privacy, the warrant must contain terms and conditions to ensure the privacy of a person is respected.
What are some exceptions to search laws?
Any place that isn’t a residence, as well as the people inside it, can be searched without a warrant if there is a reasonable belief the building contains drugs that are illegal or the people in it possess narcotics
• only if getting warrant is impractical
• don’t have to give prior announcement for surprise
Searching automobiles for liquor
Can be searched without warrant if a police officer believes it contains illegal liquor that will be used an unlawful purpose
• can be used for land too but not dwellings
Searching for illegal weapons
Any place that isn’t a dwelling can be searched without a warrant for illegal weapons (vehicles too)
Police can seize any restricted weapons if a registration certificate or a possession license can’t be produced
Can seize any firearm from someone younger than 16 who fails to produce a possession permit
Prohibited weapons can always be seized