Basic Police Powers

Front 1

Rapid Decision Making Model

Back 1

i) Offence Recognition
ii) Classify Offence
iii) Classify Belief
iv) Custody Authority Recognition
v) Search Authority

Front 2

Offence Recognition

Back 2

Involves analyzing evidence and determining whether an offence has occurred.

Front 3

To prevent abuse of authority, we rely on 2 factors:

Back 3

Limitations: Removal of individuals' liberty is limited to specific circumstances.
Accountability: Police must justify use of authority.

Front 4

Different level of certainty:

Back 4

i) Strong Certainty - Constitutes reasonable grounds. (Can arrest without a warrant)
ii) Weak Certainty - Constitutes mere suspicion. (Can detain for I.D. purposes)

Front 5

What two questions must be answered during an offence recognition?

Back 5

1) Did an offence occur?
2) If so, what offence?

Front 6

What two factors are combined to prevent the abuse of police authority?

Back 6

Limitations and accountability

Front 7

What are the three ways of taking custody of a person?

Back 7

1) Arrest with a warrant
2) Arrest without a warrant
3) Detention

Front 8

What are the two sources of evidence?

Back 8

1) Human observation
2) Physical items.

Front 9

What are the five levels of belief?

Back 9

1) Arbitrary
2) Mere suspicion
3) Reasonable suspicion to detain
4) Reasonable grounds
5) Find committing

Front 10

Name the five concepts that must be understood before making the decision to arrest without warrant.

Back 10

1) Definition of arrest, detention and voluntary accompaniment.
2) Police powers of arrest without a warrant.
3) Breach of the peace.
4) Citizens' powers of arrest.
5) Investigative detention authority.

Front 11

What are the two goals of a search?

Back 11

1) Protection of oneself and members of the public.
2) Finding evidence that proves the commission of an offence.

Front 12

The admissibility of seized evidence is governed by which section of the Charter?

Back 12

Section 24(2)

Front 13

What search and seizure authorities pertain specifically to custody and authorize a search without warrant and without consent?

Back 13

1) Search incident to arrest.
2) Search incident to investigative detention.

Front 14

What are the two possible scenarios in the definition of "find committing"?

Back 14

1) The offender remains at the scene.
2) The offender leaves the scene.

Front 15

What are the three categories of evidence that constitute reasonable grounds?

Back 15

1) Confessions, by the offender to anyone.
2) At least one credible eyewitness statement.
3) Circumstantial evidence that leads to only one logical conclusion.

Front 16

The primary requirement for valid consent is that the suspect be made aware for five things:

Back 16

1) The specific act that the officer intends to conduct.
2) The possible consequences of the person's accompanying you.
3) Consent may be refused.
4) Consent may be revoked at anytime.
5) The person may leave at anytime.

Front 17

The four considerations known as RICE to justify to arrest someone:

Back 17

Repetition (of offence)
Identity (of accused)
Court (likelihood of appearing for)
Evidence (protection/seizure of)

Front 18

What risks does RICE address?

Back 18

1) Potential threat to public safety.
2) The suspect's failing to appear in court.

Front 19

The scope of common-law police officer's duties include three goals:

Back 19

1) The preservation of peace
2) The prevention of crime.
3) The protection of life and property.

Front 20

What seven conditions are needed for consent to be valid?

Back 20

1. Consent must be expressed or implied.
2. Consent must be voluntary.
3. The accused must be aware of the specific act to be conducted.
4. The accused must be aware of consequences of giving consent.
5. The accused must have knowledge that consent may be refused.
6. The accused must have knowledge that consent may be revoked anytime after consent initially given.
7. You must prove the accused gave consent and did not then revoke consent at anytime during search.

Front 21

When are items seized during a search incident arrest not automatically admissible in court?

Back 21

If it violates the Charter or Rights.

Front 22

What is the definition of "search incident to arrest"?

Back 22

The search of a person and the immediate surroundings after an arrest.

Front 23

What three criteria must be met to justify a "protective pat-down" search?

Back 23

i) Primary aim must be the seizure of weapons.
ii) The gathering of evidence cannot be the goal of the search.
iii) The method of the search cannot exceed "pat-down".

Front 24

What is the definition of consent?

Back 24

A person's "voluntary and informed decision" to allow police to search or question.

Front 25

Why is it important to record verbatim all conversation with the accused?

Back 25

To prove absence of inducements because paraphrasing is vague and doesn't prove unmistakable consent.

Front 26

What two case law decisions establish procedures that guide obtaining valid consent?

Back 26

R. v. Wills (1992)

R. v. Borden (1994)

Front 27

What is the primary purpose of the search incident to arrest?

Back 27

Self-protection, i.e. looking for weapons.

Front 28

What constitutes "exceptional circumstances"?

Back 28

Situations "where the law enforcement interest is so compelling that it overrides the individual's right to privacy with the home".

Front 29

"Incident to " means...

Back 29

"Naturally connected with"

Front 30

What limits have been imposed on the search incident to arrest authority by the S.C. of C.?

Back 30

i) The arrest must be lawful.
ii) The search must be conducted "incident to" the lawful arrest.
iii) The manner of the search must be reasonable.

Front 31

What four concepts are vital to the application of investigative detention?

Back 31

1) Reality.
2) Priority.
3) Expect the unexpected - expect the worst.
4) Credibility.

Front 32

What are the major differences between "breach of the peace" and causing a disturbance"?

Back 32

Breach of peace is not an actual offence and causing a disturbance is a summary conviction offence.

Front 33

What is the fifth legal authority for making an arrest without a warrant under s. 31(1) C.C.?

Back 33

Breach of the peace.

Front 34

What makes an informant different from other types of witnesses?

Back 34

Police do not subpoena them to court.

Front 35

What form of evidence represents the best type of reasonable grounds?

Back 35

Confession.

Front 36

The four major guidelines in connection with reasonable grounds established in R. v. Storrey (1990) are

Back 36

1) Two-pronged test. - It's not enough for officer to believe reasonable grounds existed, officer must be able to convince a second person.
2) Minimum-standard benefit. - Police not required to establish a prima facie case before making an arrest.
3) Totality of circumstances. - information from other sources cannot be disregarded without justifiable reasons.
4) Credibility evaluation. - Every witness' credibility must be evaluated.

Front 37

What are the four "lawful arrest without a warrant" authorities?

Back 37

i) Find committing a criminal offence.
ii) Reasonable grounds that an indictable offence has been committed.
iii) Reasonable grounds the an indictable offence is about to occur.
iv) Reasonable grounds that a valid warrant exists in the territorial jurisdiction which accused person is found.

Front 38

What are the two levels of detention?

Back 38

Investigative Detention: the brief removal of freedom for investigative purposes without making an arrest.
Brief Detention: is non-investigative detention for identification purposes.

Front 39

What is the common denominator between arrest and detention?

Back 39

It involves taking custody, removing an individual's freedom.

Front 40

What do "immediately" and "continuously" mean in "find committing"?

Back 40

"Immediately" means immediately after an offender has been seen committing an offence.
"Continuously" means without a break, never losing sight of the offender from time offence to time of apprehension.

Front 41

When do reasonable grounds not exist?

Back 41

If multiple logical conclusions are possible.

Front 42

What was the former name of "reasonable grounds to detain"?

Back 42

"articulable cause"

Back 43

앤드류 올림

Front 44

What are the two classifications of criminal offences in Canada?

Back 44

Summary conviction offences and indictable offences.

Front 45

What are dual procedure offences and why are they used?

Back 45

They are classified as indictable temporarily from time offence until the accused's first appearance in court where the Crown attorney permanently appoints a classification.

Front 46

What is the time limit on charging a person for a summary conviction offence?

Back 46

Six months.

Front 47

What is an "election"?

Back 47

The choice an accused person has regarding the level of court where the trial will be conducted and whether or not there will be a jury.

Front 48

What are the two most important provisions in the Criminal Code for front-line officers?

Back 48

Sec. 495 & 31