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Law Chapter 7
Fichas del conjunto (48)
- 1InadmissibleNot allowed to be used in court
- 2Once an arrested person has been informed of their rights what can be used against them?says or puts in writing
- 3The 4 stages to an interrogation are1. Describe the entire incident
2. The period before the offence took place
3. The details of the actual offence
4. The period following the offence - 4An arrest occurs whenA person is deprived of his/her liberty
by legal authority. - 5A lawful arrest must include these 4 things1. Identify himself or herself as a police officer
2. Advise the accused that he or she is under arrest
3. Inform the accused promptly of the charge and show the
arrest warrant if one has been obtained.
4. _Touch the accused to indicate that he or she is in legal custody. - 6The difference between an arrest and being detained isDetention is legally depriving a person of liberty for the purpose of
asking questions, with or without physical restraint. Basically just to
ask questions. - 7Police cannot just arrest anyone they want becauseThey must have
reasonable grounds to believe that a person may have committed or
been involved in a crime. - 8Reasonable grounds for an arrest meansThat based on the
information available, a reasonable person would conclude that the
suspect had committed a criminal offence. - 9Three methods to apprehending (taking control) of a suspect1. Appearance Notice (Most common method)
2. Bench Warrant
3. Summons - 10Appearance notices are used forSummary conviction
offences and for less serious indictable offences. - 11Appearance notice is aLegal document that compels
(requires) a person to appear in court at a certain date and time. - 12Bench WarrantFailure to show up to court means you would have a bench warrant
issued and the person would be arrested and charged with failure to
appear in court. - 13Summonsis issued for serious indictable offence where a person is expected to show up voluntarily for court.
- 14Arrest WarrantIf a judge feels the situation is serious, a Arrest Warrant is given allowing the police to arrest the suspect.
- 15An arrest warrant has 3 things on it1. Name of the accused
2. The offence charged
3. Reason for the warrant - 16There are 3 ways in which a person can be arrested without a warrant1. Reasonable grounds to suspect a person has either committed an
indictable offence or is about to.
2. They find the person committing the crime.
3. They find a person who is named on the arrest warrant. - 17There are 2 basic situations that a person can make a citizens arrest1. A person finds someone committing an indictable offence.
2. A person who is in possession of property or authorized by
someone in possession of property, then finds an indictable offence is
being committed. - 18The police do ___ need a warrant to search a person they have just arrested.Not
- 19In this situation, 3 things need to happen for a search to be lawful1. The arrest must be lawful
2. The search must be connected to the lawful arrest
3.The manner in which the search is carried out must be reasonable - 20People do not need to provide a blood, urine, saliva or breath sample to police without a warrant unless it involves an________ charge.Impaired Driving
- 215 rules for conducting strip searches1. The police have reason to believe the accused is concealing a
weapon, drugs or other evidence
2. The search is authorized by a senior officer.
3. The search is done by an officer of the same sex.
4. Searches of body cavities are done only by medical personnel.
5. Strip searches almost always have to be conducted at the
police station and not at the scene of the
crime. - 22Search WarrantA court document that gives police the right to search a specific location.
- 23The police must give information to the judge for a warrant that includes (3)1. Specify the crime.
2. The items they are looking for.
3. Reasonable grounds for believing the items are in a specific
area. - 24A Search Warrant will detail theday and hours the search can happen.
- 25A search warrant is always needed to search a private home unless (2)1. Imminent injury or death to anyone is possible.
2. The destruction of evidence is possible. - 26If drugs are involved, police can search anywhere_______ a private home without a warrant. People inside a home can also be searched if the warrant allows the police to look for drugs.Except
- 27Provincial laws allow police can search _for illegal alcohol without a warrant.A Residence
- 28If an arrest is made, only people charged with an indictable offence can be ________ and _________.Photographed and Fingerprinted
- 29Accused _______ have to participate in lineups unless they agree to.Do Not
- 30Promise to appearA signed promise to appear at court at a specific time for trial.
- 31Recognizanceaccused fails to appear, the recognizance means that person must also pay a $500 fine.
- 32bail hearing must be held within ______ hours after arrest.24
- 33Everyone is eligible for bail but the Crown (prosecution) can ask to have bail denied through a _________ hearing.Show Cause
- 34Examples of causes or reasons to deny bail1. Threat to a specific person or society
2. Threat to Flee
3. Committed an offense while on bail - 35Reverse OnusThe Defense must show why a prisoner should be released on bail. The burden of proof shifts to the defense.
- 36There are 4 situations that exist for reverse onus to happen1. The accused is charged with committing an offence while on
bail.
2. The offence is indictable and the accused is not a Canadian citizen
3. The charge involves failure to appear or a breach of bail condition.
4. The accused is charged with importing, trafficking, or possession for the purpose of trafficking narcotics. - 37Habeas CorpusCrown must produce the person in court and give reasons why they should stay in custody until trial.
- 38There are 3 levels of police forces in CanadaFederal Police force (Royal Canadian Mounted Police)
• Provincial police forces (Ontario (OPP) and Quebec (SQ)
• Municipal forces (Towns and cities, like Charlottetown, Summerside
and Kensington) - 39In starting a police investigation, there are 3 factors involved:1. Arriving at the crime scene
2. Protecting and preserving the crime scene
3. Officers roles at the crime scene - 40Arriving at the crime scene:#1 Officers must first decide if there
are any injuries to be dealt with.
#2 see if there are any risks
(such as explosives).
#3 begin to search for the
perpetrator(s)/ (the person who committed the crime) - 413 reasons to secure a crime scene:1. to do a complete search of the area for evidence
2. to find and collect evidence
3. to make sure the evidence collected is admissible in court. - 42Patrol Officerto make sure that the scene is secure and no evidence is lost or disturbed.
- 43Criminal Identification officerresponsible for searching the crime scene for evidence of the crime, and sending materials to the lab for analysis. They tend to work on more serious crimes like murder, kidnapping etc.
- 44Scene of the crime officertrained in evidence collection and
preservation.
They tend to work on less serious crimes like break and enters and car thefts. - 45Criminal Investigations Bureau OfficerA detective, with experience in investigating serious crime.
question witnesses and interrogate suspects and eventually decide who is responsible and arrest a suspect. - 46Latent printsoils and sweat that occur naturally from a
persons finger cannot be seen by the naked eye. - 47Latent prints "developed" in one of 3 ways:1. Dusting
2. Iodine Fuming
3. Laser beam - 48Chain of Custodyeveryone who has had
contact with the evidence is catalogued and that the evidence collected has
basic information written down, like who collected it, where, when and
what was gathered as well as where it was stored.
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- Grade 11 Law Fichas sobre Law Chapter 7 , creado por Cameron MacDougall el 29/04/2024.
- Creado por
- Cameron MacDougall · abr 2024
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- 30 abr 2024
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