Flashcards
Police Powers
Cards in this deck (16)
- 1Antic- section 9 case
- presumption of innocence
- ladder principle
- hurdles with bail - 2Ladder principle- Antic case
- S9
- earliest release with least condition is starting point for bail - 3St Cloud- s 9
- decision on tertiary bail grounds
- should be liberal - 4Storey- s 9
- arrest without warrant
- police should have objective (reasonable person would believe) and subjective grounds (officer believes) - 5section 9- deals with arbitrary detention and arrest
- key cases: Storey, Antic, St Cloud - 6section 8- unreasonable search and seizure
- key cases: Southam & Hunter, - 7section 8 frameworkstep 1: whether search or seizure occured, if reasonable expectation of privacy (direct interest, subjective expectation)
step 2: was search reasonable? - 8searches & seizures authorized by lawexigent circumstances: urgent, warrant impractical
incident to arrest: valid reason related to arrest
incidental to investigative detention: limited compared to arrest - 9section 24(2)- enforcement
- quasi absolute exclusionary rule
- test for exclusion: seriousness of infringement, impact on charter interest of person, impact on society's interest - 10Grants.24(2) case
established framework for deciding when to exclude evidence - 11section 10(b)right to retain and instruct counsel without delay
key cases: Clarkson, Therens, RIDE, iron triangle (Singh, Oikel, Sinclair) - 12section 10(b) obligationsinformational: inform immediately, legal aid
implementational: opportunity to contact
holding off: don't question after lawyer requested - 13Clark- section 10(b) case
- confession made when drunk
- confession was thrown out
- win for DUE PROCESS - 14Therens-section 10(b) case
- not informed about legal counsel prior to breathalyzer
- evidence excluded
- DUE PROCESS - 15RIDE- section 10(b) case
- violation acceptable under s1 concerns
- CRIME CONTROL - 16iron triangle- section 10(b) cases
- limit of rights during interrogation
- CRIME CONTROL
- Singh: continue questioning post right to silence
- Sinclair: don't have right to counsel during interrogation
- Oickle: right to silence
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- 3306 Crime, Law, Politics, & Process Flashcards on Police Powers, created by Megan Clermont on 02/11/2018.
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- Megan Clermont
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