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28 Cards in this Set

  • Front
  • Back

Outline three options available to the police when it is believed that an offence has been committed.

A. Issue an appearance order (notice)


B. Arrest


C. Issue a summons (warrant)

How much force may an officer use when making an arrest?

As much force as is necessary to prevent escape

Describe the circumstances under which a citizen


a) may make an arrest


b) is obliged to help make an arrest

a) When a person is committing an indictable offence or escaping from custody, or committing an offence on a property




b) Obliged to help if requested by police

What are 3 levels of police in Canada?

A. Federal (RCMP)


B. Provincial (OPP)


C. Municipal ( Vancouver)

Why is it important that a police officer keep a good log?

Is used in important evidence by the court.

Explain why the presumption of innocence requires that those who have veen arrested by released, pending trial.

A person is presumed innocent until proven guilty therefore denying a persons freedom cannot be justified.

Name some items from which forensic scientists can obtain clues about a crime.

a) Blood


b) Hair


c) Teeth


d) Handwriting

What 3 body samples can be obtained under a warrant?

a) DNA


b) Blood


c) semen (patternity)

Name 6 pretrial motions that an accused can make.

a) Adjournment


b) Inspection & testing of evidence


c) Quash or amend


d) admissibility of evidence


e) Separate trail

_______ is not enough cause for an arrest to be made.

Suspicion

Outline the 3 options available to police when it is believed an offence has been committed.

a) Arrest


b) Issue a warrant for arrest


c) Issue an appearance notice

For seious indictable offences, the police will arrest the suspect. What 4 things must the arresting officer do when making the arrest?

1) Identify himself


2) Advise the accused that he is under arrest


3) Inform the accused of the charge


4) Touch the accused to indicate he is in legal custody

A ______________ warrant can be obtained if the police believe the suspect has escaped to another province.

Canada wide

The police are required to caution the accused upon being arrested. Give the 6 statements the police must say to the accused upon arrest.

1) you have the right to a lawyer without delay


2) you have the right to make a phone call


3) you have the right to free legal advice


4) you can contact legal aid


5) do you understand


6) do you wish to telephone a lawyer

To apply for a search warrant, an officer must swear before a ___________, or judge that an offence has been committed and that there are reasonable grounds to believe that evidence of illegal activity is on the premises.

Justice

Because of adverse publicity directed at occupants of searched premises, the criminal code of Canada made it a ________ offence to publish the location of any place searched, or the names of the occupants unless a charge was laid or the occupants gave their permission.

Summary

The major areas of exceptions to search laws have to do with drugs, _______ and illegal weapons.

Alcohol

The criminal code provides that any place except a _________ cab be searched without a warrant for illegal weapons.

Home

A number of motions may be made before a trial to alter the procedure. Name the 6 pre-trial motions that an accussed can make.

1) adjournment


2) change of venue


3) inspection and testing of evidence


4) quash or amend the charge


5) admissibility of evidence


6) separate trial

What is the police officer's notebook called?

Log




(This notebook is one of the important factors in determining the acceptance of evidence by the court)

________ onuc means that the accused must prove something "not" the accused.

Reverse

__________ is the crown making evidence available so that the accused can make a full answer.

Disclosure

A citizen can refuse to answer any questions except those necessary to complete the charge. What 4 things must the citizen answer prior to obtaining a lawyer.

1)Name


2) Address


3) Occupation


4) Date of Birth

Does a person have a right to know why they are being questioned? Yes or no?

Yes

Can a person refuse to answer questions of the police (outside of name, address, occupation , date of birth)? Yes or no?

Yes

For summary offences, does a person get fingerprinted ? Yes or no?

No

A search warrant can be used between ___ o'clock and ____ o'clock.

6AM


9PM

Someone charged with an indictable offence carryig a punishment of more than 5 years must have a bail hearing within how many hours?

24