Test 3 Flashcards
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What must an officer demonstrate before a search warrant can be obtained
Swear before justice in front of a judge must have reasonable cause
During an arrest what must the police officer state to the accused?
Notice an arrest Advice them why their being arrested state they have the right to a attorney right to remain silent. Physically touch to signify arrest.
Can the police require a polygraph test to be taken by the accused
No it is up to you
What info is on a search warrant
Date Indicated, item mentioned, address and name
What is a telewarrant
A court order issued by phone, fax or email to search a place or arrest a person
Describe the rights an accused person has to legal advice?
Right to counsel a lawyer right to remain silent
What is an adjournment
A postponement of court business
What is a summons
An order to appear in criminal court
What is a plea negotiation
A deal between the Crown and the defense for a guilty plea to a lesser charge or penalty
What is an information
The starting document for a less serious offence
How are extensive body seraches conducted
By officers of the same sex as the accused
What must a search warrant contain
Date indicated, item mentioned , address and name
What rights does the person have when they have been charged with committing a crime
Right to counsel a lawyer right to reamin silent
What is reverse onus
When the burden of proof is placed on the defense rather than the crown
If Info from an informant if being used to obtain a search warrant what must be proven
The officers must outline to the court why the informant is reliable
What occurs at a preliminary hearing
Very serious offences lets the provincial court decide if there is sufficient evidence to proceed with the trial in a higher court
Under what circumstances can the police seize an item not listed on the search warrant
If they believe that there person posses illegal substances or weapons they can seize them
How can the police detain a person legally and charge them with a crime
Arrest them
What is a citizens arrest
Detainment by a civilian of a person believed to have committed a crime
Define Detained
To stop a person from leaving or to confine someone
What occurs at a bail hearing
Person must be brought before a judge. Bail money or property is guaranteed to the court will return to court later that day
What is a line-up
A line of people formed by the police or identification
When are the police allowed to enter a private residence
Search warrant
What is disclosure
All evidence against the accused that the crown must reveal to the defense early in the proceedings
