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68 Cards in this Set
- Front
- Back
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What is the key to recognizing "facts-in-issue"?
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Identifying all information relevant to conduct, place and intent.
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List five circumstances where police have powers to arrest without a warrant.
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Found committing + Indictable offence
Found committing + dual procedure Found committing + summary conviction Found committing + breach of peace Reasonable grounds + indictable offence has been committed |
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When is a breach of warrant issued?
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It is issued to a person who fails to appear in court.
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What is an arrest warrant preferable to an arrest-without-warrant if the offender cannot be located?
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Arrest warrant broadcasts nationally. Every police officer in Canada will discover the offender is wanted.
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What is a "compelling document"?
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Criminal Code document that compels an accused person to appear in court.
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What does the acronym "FTA" stand for?
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Fail to appear.
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Identify the three-stage process that is involved in charging a person.
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i) Completing Form 2.
ii) Bringing it to a justice. iii) Swearing under oath that the contents are not fabricated. |
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Can a Justice refuse to accept an Information for review?
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No
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Name four non-custodial compelling documents.
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i) Summons
ii) Appearance notice iii) Promise to appear iv) Recognizance |
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Is a compelling document part of an investigation?
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No
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Is taking custody of an offender an investigative procedure?
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No
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List nine elements of information contained within a Form 7 warrant.
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1) Who can arrest
2) Who will be arrested 3) Who authorized the arrest 4) The reason for the arrest 5) The reason for the issuance of the warrant 6) The type of custody prescribed to the accused 7) The absence of a discretionary element 8) When to arrest 9) Details about the accused's post-custody appearance |
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What is the primary aim of a Form 7 warrant for arrest?
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Court appearance
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What problems are posed by an accused's failure to appear in court?
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i) Failure to answer to the original offence
ii) The commission of a second offence |
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Can a summons be replaced by a warrant after it has already been served?
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Yes
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Do most Justices have municipal, provincial, or nationwide jurisdiction?
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Provincial
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What is the definition of "radius," as it pertains to arresting an offender?
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It is the maximum distance that the Crown attorney will pay for the police to travel in returning an offender arrested with a warrant.
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Does radius correspond to jurisdiction?
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No
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Is there a time limit on the validity of an arrest warrant?
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No, there is no time limit.
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What are the rules that apply when executing a warrant?
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1) A warrant may be executed anywhere.
2) A warrant may be executed at anytime, on any day, including a holiday. 3) The officer who executes the warrant, when feasible, and to produce it when requested to do so. |
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If an out-of-province warrant exists for a summary conviction offence, can an arrest be made? Explain.
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No.
i) The warrant is not valid in the province where the officer stopped the person. ii) An officer cannot arrest for a summary conviction offence on the basis of reasonable grounds alone. iii) The officer did not find the offence being committed. |
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What is a "Feeney warrant"?
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A term for the two types of warrants that allow police to enter a dwelling-house for the purpose of arresting an offender.
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What are the three ways in which an officer is authorized to enter a dwelling-house for the purpose of making an arrest?
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i) The occupant's consent
ii) a Feeney warrant iii) warrantless entry |
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Name the six basic concepts relating to dwelling-house entry for the purposes of making an arrest?
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1) Place
2) Entry path 3) Invitation to knock 4) Consent 5) Feeney laws 6) Emergencies |
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What are the four steps in the "Feeney Decision-Making Model"?
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Step 1: Translate information
Step 2: Emergency recognition Step 3: Consent recognition Step 4: Entry authority recognition |
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What does the acronym "RG-IND" mean?
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Reasonable Grounds for believing that an INDictable offence occurred/about to occur.
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What does the acronym "MS-IND" mean?
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Mere Suspicion of an INDictable offence)
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What does "RG in PP" mean?
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Reasonable Grounds for believing the offender is in the Public Place.
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What is the "Feeney formula"?
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First belief formula
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What defines a place as a "dwelling-house"?
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The whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence.
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Give four examples of a dwelling-house.
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i) House or apartment
ii) Garage attached to a house iii) Motel room or rented room iv) Tent |
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Why is the type of place significant?
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Non-dwelling-house is any public place that is not a structure.
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What is "the perimeter"?
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It is the property surrounding a house.
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What are the "two entries"?
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Consists of entry onto the perimeter and entry into the house.
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What common-law authority governs perimeter entry?
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Implied invitation to knock
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What is the case-law definition of "Threshold crossing"?
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Is a limited entry into a foyer, entryway, or hallway of a house and not beyond that area.
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What three acts comprise perimeter entry?
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i) Walking into the perimeter
ii) Approaching a door iii) Knocking on the door |
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What is the quickest and easiest way to gain entry into a house?
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By consent.
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What are the two types of consent?
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i) Expressed/Explicit consent
ii) Implied consent |
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What is the general rule governing who is considered "a lawful occupier"?
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They may give consent.
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Give three examples of "a lawful occupier".
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i) the owner
ii) the lawful possessor of the place iii) a person authorized by the owner |
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What differences exist between the two types of Feeney warrants?
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One type requires that an Information be laid out before the warrant is executed; the other does not.
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What characteristics is shared by both types of Feeney warrants?
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i) They authorize entry into a dwelling-house
ii) The purpose of the entry they authorize is arresting an offender iii) An application is mandatory in either case. |
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What five pieces of information must be included in the Feeney warrant?
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1) Name of accused
2) Address/description that specifies the house 3) Authority to enter house without consent 4) Purpose of entry 5) Reasonable terms and conditions in accordance with s. 529.2 C.C. |
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What supersedes an "unknown problem" 911 call?
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Officer needs assistance calls
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What is the "protective sweep" principle?
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this allows warrantless entry into a house when an arrest is made outside a house but in close proximity to it, and evidence suggests that weapons may be inside.
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What is the definition of "hot pursuit"?
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The continuous pursuit of an offender, in such a way that the pursuit and capture of offender, along with commission of offence, might be considered part of a single transaction.
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What is the "plain-view doctrine"?
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Authority allows police to seize any item found in plain view when they are lawfully on any premises, whether by means of a warrant, without a warrant or by consent.
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What does "release" refer to?
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The termination of detention/custody and the restoration of freedom
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Can an arrested person be held arbitrarily in custody?
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An arrested person cannot be held in custody arbitrarily.
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What is considered to be the most serious Charter violation?
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Unlawful denial of freedom.
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What is the definition of bail?
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Any form of release authorized by the Criminal Code.
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What does "just cause" refer to, in terms of bail?
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It refers to the grounds or evidence that supports granting or denying bail.
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Is the address of a fixed address classified as "a factor increasing the likelihood that the accused will fail to appear in court"?
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Yes
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When must an officer release without a warrant at the scene of the arrest (before arrival at the police station)?
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a) If RICE is fulfilled
b) Offence is either i) Summary conviction ii) Dual procedure |
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What is the definition of "hearsay evidence"?
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Observations not perceived by one's own senses.
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What are three general classifications of search authorities?
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i) Consent
ii) With a warrant iii) Warrantless |
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What is the definition of a "seizure"?
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The taking of a thing from a person, by a public authority, without that person's consent.
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What is the "focus search"?
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A search directed only at a person or place.
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What is "unreasonable search/seizure"?
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A search conducted without any lawful authority.
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What is expressed consent?
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No doubt exists about whether consent was given.
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What is implied consent?
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Consent was given, but some doubt may exist as whether it was.
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What is the definition of valid consent?
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A person's voluntary and informed decision to allow the intrusion of the investigative process upon protected rights.
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Can a person be arrested/charged for refusing consent?
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No, Every person has the choice to give/refuse consent.
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Can a person revoke consent once it has been given?
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Yes, anytime.
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Give four examples of a place that is temporarily occupied by another person.
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1) Apartments
2) Hotel rooms 3) Offices 4) Lockers |
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Does a landlord have the authority to give valid consent to police to enter and search a tenant's apartment?
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No
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Does hotel management have the authority to give valid consent to police to enter and search a guest's room?
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No
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