Chapter 5

Limits on Police behaviour

The police officer must obtain a search warrant properly before conducting a search.

In order to get a warrant the officer must apply to a judge or justice of the peace and show concrete reasons

Reasonable and probable grounds: Facts that would cause an average person to believe beyond a more suspicion

Arrest

When police have established that they have reasonable grounds they are then ready to charge the suspect

The police can do one of three things

• Issue an appearance notice
• Arrest the suspect
• Obtain a warrant for arrest

Appearance Notice

If the police officer believes that the accused is not a threat to others he can issue an appearance notice

Th officer will then swear a complaint under oath that a crime has been committed this is known as swearing information before a judge.

Arresting the Suspect

Steps in a lawful arrest

• Notice on arrest
• Advising the accused the they are under arrest.
• Caution 1: right to counsel 
• Caution 2: right to remain silent
• Physically touching the accused to signify custody.

Summons: an order to appear in criminal court


Warrant: an order by a judge to arrest the accused for listed offences

Citizen's Arrest

A regular citizen can make an arrest if he or she witnesses a crime.

Duties of a police officer

Effective police services must include all of the following services

• Crime prevention
• law enforcement
• assistance to victim of crime
• maintenance of public order
• emergency response

Police conduct

Police conduct is controlled on 4 main ways

• Legislatively
• judicially
• administratively
• constitutionaly

Legal rights and Search laws

Detain: to stop a person from leaving or to confine someone

Search: The police procedure in which officers look for evidence

One of the most important rights in Canada is the right to Privacy.

The police can search a person without a warrant if they have arrested that person or if they believe he or she is carrying a weapon

The police can arrest without first obtaining a search warrant only if they catch the person in the act.

Using a search warrant

A warrant can be used only on the date indicated and can involve only those areas and items outlined in the warrant

Search Laws and rules

With a search warrant police can demand to enter a property if permission is refused or no one is home the police can break the door

Anyone answering the door can ask for a copy of the warrant if the warrant is not correct entry can be refused

telewarrant: a court order issued by phone,fax,or email to search or arrest a person.

Exceptions to Search laws

Police may search any place that is not a private residence without a warrant if they have reasonable and probable grounds.

Anyone inside the premises can be searched as well.

Rights on being detained

A person cannot be stopped,held for questioning,arrested, or put in jail unless the police have a good reason to do so.

When an officer stops someone for questioning that person has been detained the person does not have to answer any questions.

Rights on being arrested

An accused's request to a lawyer must be granted in a reasonable amount of time.

Section 10 of the charter states that on arrest everyone has the right to...

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• To be informed of the reason 
• To retain and instruct counsel
• To habe the validity of the detention determined by way of habeas corpus 

Legal aid: Legal services paid for by taxpayers available to persons unable to afford a lawyer

Duty counsel: A government lawyer who provides legal advice to those just arrested or brought before the court.

Relese and bail procedures

Bail is money or property guaranteed to the court to ensure that the accused will return to court at alter date.

If the accused fails to appear on the date the person will lose his or her money or property

Reverse onus: when the burden of proof is placed on the defence rather then the crown

Undertaking: a document in which the accused agrees to appear in court as required.

recognizance: a signed guarantee by the accused to appear in court as required and to abide by the terms

Awaiting Trial

When awaiting trial the accused should consult a lawyer reveal everything about the case so that the lawyer can prepare for defence.

If the accused admits to the lawyer that he or she has done it the lawyer cannot say that the client did not do it.

Disclosure: all evidence against the accused that the crown must reveal to the defence early in the proceedings.

Collecting Evidence

Evidence: anything that is used to determine the truth in a court of law

Forensic science: the application of scientific techniques to criminal investigation.

DNA is now so important in solving crime that there is a RCMP national DNA data bank in Ottawa.

It  helps law enforcement agencies to

• Link crimes together
• Help identify suspects
• determine whether an offender is involved in a crime

Adjournment: a postponement of court business.

The Plea

If the accused pleads guilty he or she is usually sentenced immediately. if the accused pleads not guilty the provincial court judge sets a trial date

Preliminary hearing: a court hearing to determine if there is enough evidence to proceed to trial

Resolution Discussions

Resolution discussion: a pretrial meeting between the defence and crown to try to resolve the case without a trial.

Plea negotiation: a deal between the crown and the defence for a guilty plea to lesser charge and/or penalty.

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