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the popo > the popo > Flashcards

the popo Flashcards

1
Q

reasonable and probable grounds, when and how does the popo have to prove this?

A

facts that would cause an average person to believe beyond a mere suspicion. must prove this when applying to judge or justice for search warrant, and must prove that they were objective and there was a clear connection between the search and the criminal offence. also must prove that connection to accused was probable

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2
Q

accused

A

the person charged with an offence; the defendant in a criminal trial

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3
Q

arrest

A

to detain a person legally and to charge him or her with a criminal offence

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4
Q

options in apprehending and charging a suspect

A

1) issue appearance notice
2) arrest suspect
3) obtain warrant for arrest

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5
Q

appearance notice

A

a legal document stating the criminal charge and the court date. given to accused if police believe that accused is not a threat to others and will show up at bail hearing for SUMMARY CONVICTION offences and LESS SERIOUS INDICTABLE offences.

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6
Q

information

A

the starting document for a less serious offence

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7
Q

the use of more force than necessary by police can result in…

A

criminal or civil assault charges against the officer

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8
Q

when are police allowed to use serious or deadly force?

A

when behaviour of suspect might cause serious harm to others, when the suspect flees to escape arrest, or when there are no alternative means to prevent escape

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9
Q

summons and when does the popo get one

A

an order to appear in criminal court. popo gets one if they have difficulty finding the accused. must have reasonable and probable grounds to believe that accused has committed offence to get one.

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10
Q

warrant

A

an order by a judge to arrest the accused for listed alleged offences. arrest warrant names the accused, lists the offence(s), and orders the arrest of the accused. must have reasonable and probable grounds to believe that accused has committed offence to get one.

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11
Q

citizen’s arrest

A

detainment by a civilian of a person believed to have committed a crime. citizen must have reasonable and probable grounds to do it. arresting dude can’t use excessive force and must surrender suspect to the popo asap. arresting dude can be sued if it acts in an unreasonable way.

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12
Q

duties of the popo

A
  • crime prevention
  • law enforcement
  • assistance to victims of crime
  • maintenance of public order
  • emergency response
  • investigation of crime
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13
Q

federal popo branch

A

RCMP

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14
Q

Ontario and Quebec police forces

A

Ontario Provincial Police (OPP)

Sûreté de Québec (SQ)

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15
Q

example of municipal popo force

A

Vancouver Police Force

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16
Q

popo conduct is controlled in which 4 ways

A

1) legislatively (through statutes such as the police services act)
2) judicially (years of common law precedents)
3) administratively (the Ontario Civilian Commission on Police Services oversees popo conduct in Ontario)
4) constitutionally (legal rights in sections 7 to 10 of the charter)

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17
Q

if the popo breaks the rules of popo conduct, what are the consequences?

A

their evidence may be refused, which can result in an acquittal. could lead to officer being charged under criminal law or sued under civil law.

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18
Q

to protect evidence from being tampered with, the popo must…

A

secure the scene of the crime from any public interference

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19
Q

police log

A

written record of what they see and hear at the scene of the crime. these logs provide important evidence in court

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20
Q

search of the accused upon arrest include

A

the popo searches for any potential evidence related to the charge and for item(s) that might help the accused to escape or cause harm. popo may take away accused’s possessions. popo may take accused to popo station where more thorough search takes place.

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21
Q

body search in which drugs are involved

A

might involve a strip search, frisk, and body search. must be done by officer of the same gender of accused. must be done with reasonable and probable grounds that accused has drugs. popo must fingerprint and photograph accused at the time

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22
Q

lineup

A

a line of people formed by the popo for identification

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23
Q

polygraph test

A

a test using a device to determine if a person is telling the truth.

24
Q

other tests that accused may be asked to take

A

blood, urine, DNA, or breath samples. accused can refuse all of these requests except if it’s impaired driving, where blood/breath samples are required. but the criminal code allows the popo to obtain DNA samples from a suspect (willing or not) if a court-issued warrant is granted.

25
Q

detain

A

to stop a person from leaving, or to confine someone

26
Q

search

A

the popo procedure in which officers look for evidence that may be used in court

27
Q

when can the popo search someone without a warrant and what is it called?

A

if they have arrested that person or if they believe he or she is carrying a concealed weapon. called “police search incident to arrest.”

28
Q

can police demand anything from anyone?

A

no, only if you’re driving a car. in that case, they can ask for your license, ownership, and insurance papers. they can also stop your car to check for the mechanics of the vehicle, but not solely for this reason. plus if there is something “in plain view” in your car (alcohol, drugs, etc) they can ask you about it.

29
Q

search warrant

A

a court order authorizing the popo to search a specific place at a specified time

30
Q

how long can items seized in a search warrant be kept for?

A

up to 3 months, or for a longer period if they are needed as evidence at trial.

31
Q

when can the popo search individuals on the premises that they are searching?

A

only after arrest, unless the accused is believed to be possessing illegal drugs or weapons.

32
Q

telewarrant

A

a court order issued by phone, fax, or email to search a place or arrest a person

33
Q

exceptions to search laws

A
  • the popo may search any place that is not a private residence without a warrant if there are reasonable and probably grounds that it contains illegal drugs. anyone found inside these premises can also be searched without a warrant
  • the popo may also search for illegal weapons without a warrant in any place that is not a private residence, such as a car. but they always gotta prove those reasonable and probable grounds.
34
Q

do you have to answer any questions if you are detained but not arrested?

A

nope. you don’t even have to give your name.

35
Q

if the popo insists on questioning or searching an un-cooperative individual, what should that individual do?

A

demand to see a lawyer, write down the officer’s badge number, and the names of any witnesses. only in certain situations (spot checks of cars) do you have to give some information, such as your license number and car registration.

36
Q

duty counsel

A

the substitute teacher of lawyers. a criminal defence lawyer employed by the government or legal aid, to assist accused persons at their first appearance.

37
Q

after being arrested, can the accused refuse to answer any further questions?

A

yuh, apart from their name, address, occupation, and date of birth.

38
Q

why do many accused people make statements to the popo before contacting a lawyer?

A
  • because the popo are good at convincing people to talk. - people often believe that they can talk themselves out of a situation.
  • people think that not talking creates a bad impression.
39
Q

section 10 of the charter states that on arrest or detention, everyone has the right to:

A
  • be informed of the reasons
  • retain and instruct counsel (and to be informed of that right)
  • have the validity of the detention determined by the way of habeas corpus and to be released if the detention is unlawful
40
Q

legal aid

A

legal services paid for by taxpayers, available to persons unable to afford a lawyer

41
Q

custody

A

in criminal law, actual imprisonment or physical detention

42
Q

bail hearing

A

a hearing to decide whether an accused can be released from jail before trial and with what conditions

43
Q

bail

A

money or property guaranteed to the court to ensure that the accused will return to court at a later date. if the accused fails to appear on the court date, the person who posted bail (called the surety) will lose his or her money or property.

44
Q

when is reverse onus used and what is it?

A

for more serious offences, or if the accused was charged while out on bail on another charge. the burden of proof is placed on the defence instead of the crown, as he or she must prove to the court that they should not stay in custody up until the court date appearance.

45
Q

undertaking

A

a document in which the accused agrees to appear in court as required. taken if the accused is released

46
Q

recognizance

A

a signed guarantee by the accused to appear in court as required and to abide by the terms

47
Q

writ of habeas corpus

A

accused can apply for one if an accused is held in prison without being arrested, or is denied a bail hearing. it requires the accused to appear in court, swear that he/she has been denied these rights, and ask for release.

48
Q

biometrics

A

science that establishes individuals’ identity by measuring their physical features. based on the idea that the distances between someone’s features can be represented by a mathematical pattern

49
Q

disclosure

A

all evidence against the accused that the crown must reveal to the defence early in the proceedings. only thing the defence needs to disclose is if they plan to put forward an alibi defence.

50
Q

preliminary hearing

A

where the expected evidence is shown to a judge. if the judge or crown concludes that there is not enough evidence to proceed, the charges might be dropped.

51
Q

evidence

A

anything that is used to determine the truth in a court of law

52
Q

forensic science

A

the application of scientific techniques to criminal investigations

53
Q

adjournment

A

a postponement of court business

54
Q

resolution discussion

A

a pretrial meeting between the defence and crown to try to resolve the case without a trial

55
Q

plea negotiation

A

a deal between the crown and the defence for a guilty plea to a lesser charge and/or penalty

the popo (1 decks)

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