Chapter 7

Question 0

3 options police have during an arrest

Answer 0

• issue an appearance notice
• arrest the suspect
• obtain warrant for arrest

Question 1

What constitutes a legal arrest?

Answer 1

• offence has been committed

- reasonable grounds to believe suspect committed it (suspicion is not enough)

Question 2

Appearance notice

Answer 2

• usually for small crimes (summary, hybrid, less serious indictable)
• includes info about charge, time & place of court appearance
• must be signed by accused
• officer must swear in an “information” with the court

Question 3

“Information”

Answer 3

Document claiming that the officer has charged the accused with a crime

Question 4

Arrest

Answer 4

• more serious indictable offences

- arrests help lay charges, preserve evidence, and prevent the accused from committing another offence

Question 5

During an arrest, the officer must…

Answer 5

• identify themselves
• touch the accused
• tell accused they are under arrest
• inform accused of charges
• inform accused of their rights
• stop questioning accused once they say they want a lawyer/legal counsel (any statements volunteered to police may be used as evidence)

Question 6

Arrest rights

Answer 6

• rights must be read when accused is in capacity to understand (ie. Sober) and in a language they can understand (through interpreters)
• right to a lawyer
• have right to access a phone and talk privately with attorney

Question 7

Warrant for arrest

Answer 7

• if accused flees (or is deemed a flight risk), officer can ask judge to summon the accused
• requires accused to appear in court at specific time and place
• delivered by sheriff/deputy

Question 8

Detention rights

Answer 8

• if you voluntarily submit to questioning, you’re not under detention
• detention occurs before arrest (should either be promptly arrested or promptly freed)
• may limit your freedom for a short time
• you can use reasonable force to resist illegal arrests
• you must be informed of rights & reason for detention
• officers can only search you for SAFETY (pat-down for weapons) and DRUGS/ALCOHOL (usually must obtain warrant unless in a vehicle)

Question 9

Rights of police during an arrest

Answer 9

• have right to search accused to locate & secure evidence, removing items that could be used violently or for escape, and securing items not related to the crime
• have right to move accused to police station
• have right to do full search, including body cavity search if justified & with same sex officer
• may fingerprint & photograph accused for indictable offence
• may collect a dna sample with a warrant

Question 10

If under arrest, you have the right to refuse…

Answer 10

• participation in suspect line-up
• participation in polygraph test
• submission of blood, urine, hair, or breath (except in impaired driving offence)

Question 11

Citizens Arrest

Answer 11

• arrest by someone other than police officer (usually salesperson/store detective in shoplifting cases)
• suspect must immediately be turned over to peace officer

Question 12

When can a peace officer arrest you?

Answer 12

• indictable offence: always

- summary offence: only if they witness the crime being committed

Question 13

When can a citizen arrest you?

Answer 13

• indictable: can only arrest for crime they witness

- summary: can arrest for crime that occurred in the past & one they witness, but only if it was on their property

Question 14

Police conduct

Answer 14

• 3 levels of police: federal, provincial, municipal
• can be charged or sued if they break rules of conduct
• each province has a board that reviews conduct complaints
• conduct outlined in criminal code

Question 15

Police Log

Answer 15

• must keep written record of what they see and hear at a crime scene
• may be used to determine value of evidence presented in court

Question 16

Searching the person

Answer 16

• police can search anyone who’s been arrested
• can search anything on your person, including purses and bags
• can take your belongings away once you’ve been arrested
• can search anyone with reasonable grounds of they are looking for drugs & alcohol
• citizens (ie mall cops) can’t search you
• school can search anything on its property (ie. Lockers)

Question 17

Search warrants

Answer 17

• must be obtained to search a private place (boat, house, motor home, lockers, etc.)
• officer applies, judge will grant it if there’s reasonable grounds. Telewarrants can be obtained over phone or by fax

Question 18

Using the warrant

Answer 18

• warrant will state time, date, location, and reason for search
• place can only be searched on time listed at location listed, and can only collect items listed (but can collect other illegal items if they’re in plain view)
• can hold items for 3 months (or longer for a trial)

Question 19

Rules about searches with a search warrant

Answer 19

• police must ask to be admitted before they break in
• occupant may ask to see warrant
• address of location may not be published unless charges are laid
• courts must approve electronic surveillance equipment

Question 20

Exceptions to search warrants

Answer 20

• can search non-residences and occupants in these places for drugs, alcohol, and weapons if they have a probable cause
• don’t have to give notice of entry in drug searches
• vehicle searches are legal
• searches of non-residential places are legal without warrant if looking for weapons

Question 21

Bail Hearing

Answer 21

• for indictable crimes with a penalty greater than 5 years

- must happen within 24 hours

Question 22

Bail

Answer 22

• Money or a promise to appear (not usually based on monetary factor anymore)
• bail is only denied if crown proved flight risk or threat to society

Question 23

Surety

Answer 23

Person who makes bail payment/promise for the accused to appear

Question 24

What happens when bail is denied or a bail hearing doesn't happen?

Answer 24

- show cause hearing can take place | - habeus corpus may be requested

Question 25

Release is difficult in what cases?

Answer 25

- charged with indictable offence while released for another - charged with indictable offence, not a Canadian citizen - charged with failing to appear or breach of release - charged with importing, possession for trafficking, or trafficking narcotics

Question 26

Reverse onus in terms of bail

Answer 26

- applies to serious crimes (murder) | - accused must prove that they won't be a threat or flight issue

Question 27

Release procedures

Answer 27

- accused must sign an undertaking & a recognizance

Question 28

Recognizance

Answer 28

- promise to appear in court | - recognizes your charge

Question 29

Habeas corpus

Answer 29

- right to a fair trial | - protects you from arbitrary detention

Question 30

Preliminary hearing

Answer 30

- Determines whether there's enough evidence for trial | - crown presents case & Defense cross-examines IT

Question 31

Pros and cons of plea bargaining

Answer 31

- pros: lighter sentence, quicker trial | - cons: takes away right to fair trial

Question 32

Disclosure

Answer 32

Prior to trial, crown & Defense meet and reveal all evidence

Question 33

Adjournment

Answer 33

Court postpones trial to allow accused to find a lawyer

Question 34

Plea hearing

Answer 34

- accused pleads guilty/not guilty - not guilty: trial date set - guilty: sentenced immediately or remanded

Question 35

Plea bargaining

Answer 35

Accused pleads guilty for lower sentence

Question 36

Steps to get to trial

Answer 36

- investigation - charge - disclosure - arraignment/plea - preliminary hearing - plea negotiations - trial begins

Question 37

Undertaking

Answer 37

States conditions of release