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.
