Policing

Question 1

Why is a police officer given the right to search the accused upon arrest?

Answer 1

If they believe the accused to be carrying a concealed weapon under reasonable and probable grounds as it can be a threat to themselves and the public.

Question 2

in suspicious situations after arrest police can

Answer 2

take away his wallet and phone
take away his vape
strip search him without any permission(only in indictable offences)
fingerprint him without any permission
photograph him without any permission

Question 3

a police officer can search you if they believe…..?

Answer 3

if they have grounds to believe that illegal goods, such as drugs, are at a particular location, and if you also happen to be at this location and police suspect you possess the searched-for items.
if police have reason to believe that you possess an illegal weapon that was used to commit a crime and they believe that the weapon will be hidden or destroyed if they take the time to obtain a search warrant.
if they have cause to suspect that alcohol is being consumed or transported illegally, such as if you are drinking alcohol while driving.

Question 4

3 conditions needed to obtain a search warrant

Answer 4

-A police officer must swear before a judge that an offense had been committed.
-Must have reasonable grounds to believe that evidence of the said crime exists within the property.
-If an informant is involved, the police officer must prove to the court why the informant is a reliable source.

Question 5

What are some limits of the search warrant?

Answer 5

-can only be used on the date and address indicated
-only involve areas and items outlined in the warrant.
-only items in the warrant can be seized unless illegal items are found

Question 6

Search laws

Answer 6

• Police can demand to enter a residence with a search warrant
• if refused or empty home, police can break in.
  -Police are liable for any excessive force used.
  -one who answers the door can ask for a search warrant.
  -individuals can only be searched after arrest unless they believe the person carries illegal drugs or weapons.
  -Police need a warrant when using electronic surveillance equipment.
  -
  -

Question 7

What’s a telewarrant?

Answer 7

A warrant can be obtained through the phone email or fax. first used in rural areas where in-person appearance is hard. But many use this as it’s quicker.

Question 8

exceptions to search laws

Answer 8

-police can search any place that’s not a private residence without a warrant if there are reasonable and probable grounds to believe that it contains illegal drugs or weapons.
-in both cases, the police must prove reasonable and probable grounds before a judge in the trial.

Question 9

When arrested the accused must….?

Answer 9

provide their: name, address , occupation and date of birth

Question 10

sec 10 rights upon arrest states…?

Answer 10

-inform the accused of their rights
-informed of the charge
-to retain and instruct counsel and to be informed of that right
-to have the validity of the detention determined by habeas corpus
-must inform about legal aid and duty to counsel
-provide a toll-free number for legal aid

Question 11

when a police officer wants to talk to you…?

Answer 11

You can refuse politely and keep on walking
eg- sorry police officer i don’t want to talk

Question 12

what is legal aid?

Answer 12

legal services paid by tax payers

Question 13

who is eligible for legal aid?

Answer 13

people with low income who cannot afford legal services.

Question 14

why is legal aid criticized?

Answer 14

only the poorest of the poor can get it and provides no relief to middle class earners

Question 15

Hows habeus corpus determined?

Answer 15

has the right to bail hearing after 24h of custody

Question 16

what is to be done if the police don’t release you from custody?

Answer 16

challenge habeas corpus and swear in courts that they’ve been denied they’re rights

Question 17

How can the police hold people in custody for more than 24h?

Answer 17

-if they believe that the accused may commit more crimes in the near future
-a threat to victims or witnesses
-will interfere with the investigation
-possibility of not appearing in court

Question 18

how can unstable financial status affect bail?

Answer 18

if the accused may not appear in court & skip bail.

Question 19

what is reverse onus?

Answer 19

In serious offenses or if the accused committed a crime while on bail, they must convince the court why they shouldn’t be held in custody.

Question 20

What is undertaking?

Answer 20

signed conditions the accused must live up to while on bail.

Question 21

example of an undertaking?

Answer 21

-curfew
-not to associate with certain people
-not to go to certain places
-report to the police station within certain intervals

Question 22

What is recognizance?

Answer 22

a document the accused recognizes that he or she is charged with a crime and promises to appear in court on the said date

Question 23

What are the lawyer’s options if the accused plead guilty?

Answer 23

-attack crow’s case
-prepare for trial and questioning
-study legal texts
-consider precedent cases

Question 24

why is disclosure important?

Answer 24

ensures a fair trial for the accused
-by disclosing the crown’s evidence to the defense, the crown receives time to investigate alibies before trial
-defense must disclose if they plan to use an alibi
-crows disclosure of evidence is needed for the defense to fully prepare accordingly

Question 25

why does the RCMP collect genetic profiles in DNA banks?

Answer 25

-to link crimes in cases where there weren't any suspects -help identify subjects -eliminate suspects if DNA samples are contradicting -determine whether it's a serial offender

Question 26

What is adjournment??

Answer 26

postponing of court business -Eg : no lawyer for the accused

Question 27

what decisions are made by whom in the first court appearance?

Answer 27

crown prosecutor: call witnesses and present evidence against the accused Defense: the lawyer will get to cross-examine the crown prosecutor's witness

Question 28

When is a preliminary hearing needed?

Answer 28

needed to decide whether there is sufficient evidence to proceed with a trial in a higher court

Question 29

What is an appearance notice?

Answer 29

notice and a summons are official notices telling you that you must appear in court at a specific time and place to respond to a criminal charge.

Question 30

what is swearing an information?

Answer 30

in the criminal context, police officers swear that reasonable and probable grounds were present to believe a person a committed a criminal offence

Question 31

when can police officers arrest without a warranty?

Answer 31

-a person who has committed an indictable offence -beliefs has committed or is about to commit an indictable offence -a person whom he finds committing a criminal offence (red-handed)

Question 32

when can police use force against the accused?

Answer 32

if the officer believes on reasonable grounds that this force is necessary for their self-preservation or the preservation of any one under their protection from death or grievous bodily harm.

Question 33

summons vs warrant

Answer 33

-the seriousness of the offense is less in summon cases, a person may or may not be processed. required to sign the charging document promising to appear in court without a bond to ensure their appearance. -whereas in the warrant case, the offense is grievous, and the warrant requires the police to arrest the person. they can be held in jail for up to 48 hours before they are brought before the issuing Court to answer the alleged charges.