Flashcards in Chapter 4 - Legal Powers of Police Deck (55)
What is common law?
What is legislative law?
Legislation that has been put in place and enacted in the form of statutes.
What impacts did the Charter of Rights and Freedoms have on police powers?
It allowed them to detain and arrest, search and seize, and to use force.
What does the Charter say on the subject of detention and arrest?
Police cannot arbitrarily detain or imprison without just cause.
Those detained or arrested have the right to know why and have the right to retain and instruct counsel without delay.
What is habeus corpus?
The offender's ability to ask the court to determine if they are being lawfully held.
What rights do police have when it comes to detention?
Police have the right to detain, question, and search a suspect for investigative purposes before making an arrest.
When are police officers allowed to search detainees?
When they believe the detainee might have a weapon or means to cause harm to the officers or the public.
What is the ancillary powers doctrine?
The judges ability to expand police powers.
What do police need in order to detain someone?
A link between them and an ongoing crime investigation.
If not arrested, what are people issued?
Either a summons or an appearance notice.
What is the difference between an appearance notice and a summons?
An appearance notice happens before a laying of information, a summons is Justice of the Peace sanctioned and is done after the laying of information.
When are people arrested? (Not given a summons or appearance notice)
When they are thought to be unlikely to answer the appearance notice/summons.
What do police need to do in order to obtain a warrant for arrest?
They must lay the information before a Justice of the Peace, and the JP must believe it is likely that the arrestee is guilty.
When can police arrest without a warrant?
If the suspect is caught in the act or the suspect has committed or is about to commit an indictable act.
If the officer believes the individual will fail to appear in court or if arrest is “necessary in the public interest."
What are the rights of the detained and arrested?
- To be informed of reason for detention or arrest
- To retain and instruct counsel without delay (and to be informed of this right without delay)
- To be informed of legal aid and duty counsel programs, as well as, a toll-free number for legal counsel if needed.
- To remain silent.
What are the stipulations to the right to legal aid?
- If you want a lawyer to defend you, you have to apply for one to officially be appointed.
- Just because you can’t afford a lawyer, doesn’t mean the state must provide one for you.
- Just because you get an initial consult, doesn’t mean you have an absolute right to have a lawyer present during questioning.
What are the stipulations to the right to remain silent?
- Just because you are silent, doesn’t mean they have to stop questioning you.
- Statements may be used at trial.
- Confessions must be made freely and voluntarily.
When are search warrants required?
When the search involves secret recordings, video surveillance, wiretaps, perimeter searches of residence or vehicles, installation of tracking devices, or taking of bodily fluids.
What stipulation is there to the requirements for search warrants?
If you are pulled over by a police officer, then they can look through the window for suspicious items. But if nothing incriminating is seen, they need a warrant to search further.
What is required for a warrant to be issued?
The JP must believe that relevant evidence will be found at the scene.
Do anonymous tips constitute a reason to obtain a search warrant?
When are search warrants not required?
- When consent is given.
- While making an arrest
- When an officer is searching for a weapon
- To prevent the destruction of evidence.
- When the officer is legally in view of the evidence.
What is the doctrine of plain view?
If the officer is in the position to see something illicit, then a warrant is not necessary.
When are police not required to announce themselves?
When it may lead to the destruction of evidence.
What is entrapment?
When police convince someone to commit a crime they normally wouldn't commit without pressure.
Regarding entrapment, concerns have been raised concerning what?
The distinction between catching habitual criminals and creating situational criminals.
What is being done to prevent the creation of situational criminals?
People cannot be targeted at random, they must be suspected of involvement in an ongoing crime.
If it is believed that evidence was obtained unlawfully or an arrest was made without good reason, what legal remedies are available?
- Illegal evidence may be excluded from the case.
- "Abuse of process" is a viable defence.
- Judges may stay proceedings.
- Judges may require the Crown to pay the offender's legal fees.
What principles guide police use of force?
Proportionality, necessity, and reasonableness.