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Law 12 > Chapter 7 > Flashcards

Chapter 7 Flashcards

0
Q

3 options police have during an arrest

A
  • issue an appearance notice
  • arrest the suspect
  • obtain warrant for arrest
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1
Q

What constitutes a legal arrest?

A
  • offence has been committed

- reasonable grounds to believe suspect committed it (suspicion is not enough)

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2
Q

Appearance notice

A
  • usually for small crimes (summary, hybrid, less serious indictable)
  • includes info about charge, time & place of court appearance
  • must be signed by accused
  • officer must swear in an “information” with the court
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3
Q

“Information”

A

Document claiming that the officer has charged the accused with a crime

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4
Q

Arrest

A
  • more serious indictable offences

- arrests help lay charges, preserve evidence, and prevent the accused from committing another offence

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5
Q

During an arrest, the officer must…

A
  • identify themselves
  • touch the accused
  • tell accused they are under arrest
  • inform accused of charges
  • inform accused of their rights
  • stop questioning accused once they say they want a lawyer/legal counsel (any statements volunteered to police may be used as evidence)
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6
Q

Arrest rights

A
  • rights must be read when accused is in capacity to understand (ie. Sober) and in a language they can understand (through interpreters)
  • right to a lawyer
  • have right to access a phone and talk privately with attorney
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7
Q

Warrant for arrest

A
  • if accused flees (or is deemed a flight risk), officer can ask judge to summon the accused
  • requires accused to appear in court at specific time and place
  • delivered by sheriff/deputy
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8
Q

Detention rights

A
  • if you voluntarily submit to questioning, you’re not under detention
  • detention occurs before arrest (should either be promptly arrested or promptly freed)
  • may limit your freedom for a short time
  • you can use reasonable force to resist illegal arrests
  • you must be informed of rights & reason for detention
  • officers can only search you for SAFETY (pat-down for weapons) and DRUGS/ALCOHOL (usually must obtain warrant unless in a vehicle)
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9
Q

Rights of police during an arrest

A
  • have right to search accused to locate & secure evidence, removing items that could be used violently or for escape, and securing items not related to the crime
  • have right to move accused to police station
  • have right to do full search, including body cavity search if justified & with same sex officer
  • may fingerprint & photograph accused for indictable offence
  • may collect a dna sample with a warrant
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10
Q

If under arrest, you have the right to refuse…

A
  • participation in suspect line-up
  • participation in polygraph test
  • submission of blood, urine, hair, or breath (except in impaired driving offence)
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11
Q

Citizens Arrest

A
  • arrest by someone other than police officer (usually salesperson/store detective in shoplifting cases)
  • suspect must immediately be turned over to peace officer
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12
Q

When can a peace officer arrest you?

A
  • indictable offence: always

- summary offence: only if they witness the crime being committed

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13
Q

When can a citizen arrest you?

A
  • indictable: can only arrest for crime they witness

- summary: can arrest for crime that occurred in the past & one they witness, but only if it was on their property

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14
Q

Police conduct

A
  • 3 levels of police: federal, provincial, municipal
  • can be charged or sued if they break rules of conduct
  • each province has a board that reviews conduct complaints
  • conduct outlined in criminal code
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15
Q

Police Log

A
  • must keep written record of what they see and hear at a crime scene
  • may be used to determine value of evidence presented in court
16
Q

Searching the person

A
  • police can search anyone who’s been arrested
  • can search anything on your person, including purses and bags
  • can take your belongings away once you’ve been arrested
  • can search anyone with reasonable grounds of they are looking for drugs & alcohol
  • citizens (ie mall cops) can’t search you
  • school can search anything on its property (ie. Lockers)
17
Q

Search warrants

A
  • must be obtained to search a private place (boat, house, motor home, lockers, etc.)
  • officer applies, judge will grant it if there’s reasonable grounds. Telewarrants can be obtained over phone or by fax
18
Q

Using the warrant

A
  • warrant will state time, date, location, and reason for search
  • place can only be searched on time listed at location listed, and can only collect items listed (but can collect other illegal items if they’re in plain view)
  • can hold items for 3 months (or longer for a trial)
19
Q

Rules about searches with a search warrant

A
  • police must ask to be admitted before they break in
  • occupant may ask to see warrant
  • address of location may not be published unless charges are laid
  • courts must approve electronic surveillance equipment
20
Q

Exceptions to search warrants

A
  • can search non-residences and occupants in these places for drugs, alcohol, and weapons if they have a probable cause
  • don’t have to give notice of entry in drug searches
  • vehicle searches are legal
  • searches of non-residential places are legal without warrant if looking for weapons
21
Q

Bail Hearing

A
  • for indictable crimes with a penalty greater than 5 years

- must happen within 24 hours

22
Q

Bail

A
  • Money or a promise to appear (not usually based on monetary factor anymore)
  • bail is only denied if crown proved flight risk or threat to society
23
Q

Surety

A

Person who makes bail payment/promise for the accused to appear

24
Q

What happens when bail is denied or a bail hearing doesn’t happen?

A
  • show cause hearing can take place

- habeus corpus may be requested

25
Q

Release is difficult in what cases?

A
  • charged with indictable offence while released for another
  • charged with indictable offence, not a Canadian citizen
  • charged with failing to appear or breach of release
  • charged with importing, possession for trafficking, or trafficking narcotics
26
Q

Reverse onus in terms of bail

A
  • applies to serious crimes (murder)

- accused must prove that they won’t be a threat or flight issue

27
Q

Release procedures

A
  • accused must sign an undertaking & a recognizance
28
Q

Recognizance

A
  • promise to appear in court

- recognizes your charge

29
Q

Habeas corpus

A
  • right to a fair trial

- protects you from arbitrary detention

30
Q

Preliminary hearing

A
  • Determines whether there’s enough evidence for trial

- crown presents case & Defense cross-examines IT

31
Q

Pros and cons of plea bargaining

A
  • pros: lighter sentence, quicker trial

- cons: takes away right to fair trial

32
Q

Disclosure

A

Prior to trial, crown & Defense meet and reveal all evidence

33
Q

Adjournment

A

Court postpones trial to allow accused to find a lawyer

34
Q

Plea hearing

A
  • accused pleads guilty/not guilty
  • not guilty: trial date set
  • guilty: sentenced immediately or remanded
35
Q

Plea bargaining

A

Accused pleads guilty for lower sentence

36
Q

Steps to get to trial

A
  • investigation
  • charge
  • disclosure
  • arraignment/plea
  • preliminary hearing
  • plea negotiations
  • trial begins
37
Q

Undertaking

A

States conditions of release

Law 12 (9 decks)

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