Final Exam Review - Police Powers I PDF

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DISCRETION: KNOW OFFENCE CLASSIFICATION (of commonly laid criminal charges) ● Do the practice quiz on FOL 1. Discretion may be defined as what? The power or right to decide or act according to one’s own judgment; freedom of judgement or choice. 2. Definition of Indirect discrimination- discrimination, generally unintentional, that results from a policy or practice that on the face of it seems reasonable, such as a height requirement for police. 3. Impact of social, economic, and demographic makeup of the local community on police use of discretion 4. Why are police officers held to a higher standard of behaviour by society? Explain. 5. Impact of police services’ policies and procedures on officer discretion?  Policies and procedures set out expected behaviours and consequences of police misconduct 6. What are the goals of a police officer according to the Police Services Act (Ontario)?  Preserving the peace  Preventing crimes and other offences  Assisting victims of crime  Apprehending criminals and other offenders and  Laying charges and participating in prosecutions. 7. What are some of the arguments made against giving police discretionary powers?  Inconsistencies in enforcement- opens the way to uneven or inconsistent enforcement of laws  Uncertainty Caused by Changing Norms- as social attitudes change, it is often left to the frontline officers to decide how to respond  Discrimination- decisions can be influenced by personal thoughts  Mistakes and Misjudgement- most from-line officers are young and do not have a lot of experience, but are still required to make split-second decisions 8. Definition of Direct discrimination- discrimination directed toward characteristics such as age, gender, culture, and sexual orientation. 9. Explain why police officers need to be sensitive to individuals from different cultural backgrounds and their understanding of Canada’s laws. 10. How does the cost of operating the criminal justice system impact the use of discretion by police and other parts of the criminal justice system?  For some infractions, letting someone off with a simple caution may offer an economic benefit in terms of dollars spent, and it may free up officers’ time, so that they can pursue other policing activities that will have a greater impact.

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The end result is a more efficient and effective policing system

11. Don’t forget to watch the YouTube video link that I sent you re: Police Discretion  https://opentextbc.ca/ethicsinlawenforcement/  https://www.youtube.com/watch?v=0ghmFoT3I6o 12. Do communities play an important role in police discretion? Explain. Yes, discretionary power enables police to cooperate with community member in deciding how laws will be enforced. With community based policing the community member have a voice in how they are policed and how problems in the community are addressed. 13. How does a police officer’s experience/seniority impact discretionary decision-making? Explain.  Rookie officers would want to enforce the law more often while veteran officers would see that there is room for discretion 14. TEXTBOOK - The cost of policing is enormous. The reduction of police resources can do one of the following....  The reduction of police resources can put communities at risk.  Imagine the effect on these already limited resources - and on communities - if police were expected to pursue and lay charges for every last infraction, with no exercise of discretionary powers. 15. TEXTBOOK - Discrimination can impact police officers’ use of discretion. What are the 3 forms of discrimination referred to in the textbook? Direct discrimination, indirect discrimination, systemic discrimination. 16. TEXTBOOK - In the province of Ontario, the Ontario Human Rights Code addresses systemic discrimination involving organizational policies, rules, and procedures. It is illegal to treat people unequally based on seventeen listed grounds. Be able to identify these 17 grounds.  Race  Age  Ancestry  Marital status  Place of origin  Family status  Colour  Disability  Ethnic origin  Receipt of public assistance  Citizenship  Record of offences  Creed  Gender identity  sex/pregnancy  Gender expressions  Sexual orientation 17. TEXTBOOK - There are four key traits police agencies look for in the ideal candidate. What are the traits organizations look for? Integrity, Honesty, Compassion, professionalism. 18. TEXTBOOK - There are four factors the police must consider when making discretionary decisions. Which one of the following is included in the four factors?  The offence that has been committed

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The person(s) involvement Any application organized policies and procedures and Potential alternative outcomes.

19. TEXTBOOK - In determining whether police use of discretion is proper, it is important for the police to consider what exactly? ??????????????? SEARCH W.O.W.: 20. What is SITA? Search Incident To Arrest 21. Who/what can be searched by police in SITA? Purpose to locate: weapons, evidence, tools /means of escape, evidence of identity. 22. Warrantless searches are considered to be prima facie reasonable or unreasonable? Explain why. Prima Facie- “At first glance/look-first impressions” Any search without a warrant is presumed to be unreasonable until proven, onus rests with crown then to demonstrate on a balance of probabilities that a warrantless search was reasonable. 23. Supreme Court of Canada ruling in R. v. MacDonald – Impact on searches incident to investigation and possible weapons? Must have RG belief that person is armed and dangerous “in possession of an offensive weapon” Investigative detention: limit and extent of search is much less. 24. Impact of R. v. Golden? What happened? Strip searches should be done at the station, unless there are circumstances requiring that the detainee be searched prior to going to station but searches in the field can only be justified where there is a necessity and urgency to search for weapons or objects that could be used to threaten safety. What happened- Police did a pat down and found no weapon or narcotics on him, decided to do a strip search. Pulled down his pants and underwear in the store, in front of people. They find a baggy containing white substance in Golden bum, it was cocaine. 25. Know the rules of searching without warrant as permitted by the Education Act (Ontario). Who can search? Police? Why or why not? Teachers and principals have search/seizure authorities under provincial law in order to maintain order and ensure safety. Police can be present but should not conduct the search unless they have a warrant for exigent circumstances. 26. What limits do police face in relation to school searches? Police must not make school officials act as police agents

27. Explain the 4 levels of SITA described in the textbook

4 Levels/types:  

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Field search- consists of pat down, generally will not involve removal of any clothing other than outerwear. Thorough search- conducted at police facility or at least in private, away from public view. Involves the removal of some clothing but none that would expose a person undergarments. Unless exigent circumstances a police will not conduct in public view. “Strip” search- conducted at public facility and involves all clothing being removed. Must have strong grounds to believe the person may be concealing evidence, weapons, or tool of escape. Body (cavity) search- Must be conducted at a hospital by a medical doctor. Involves officer believing drugs are inside body. This must be done with the consent of the arrest part as it is such a intrusive search. If they won't consent than police must obtain a search warrant to allow the medical doctor to conduct the search. (saying that the police need to obtain the drugs for evidence does not justify such a search. Generally requires an explanation that the drugs need to be removed to protect the health of the person concealing them.)

28. What are the rules governing the plain-view-doctrine? What pre-conditions must exist? Plain view- police who is lawfully in a place can seize items that are in plain view.  3 part Test (R. v. Belliveua, 1986) i. Initial intrusion/entry into the place must be lawful ii. Discovery must be inadvertent (unplanned) iii. Must be obvious that the item(s) is evidence of crime 29. Warrantless searches for provincial violations. Can you think of any? a. Liquor License Act i. Liquor unlawfully kept > vehicle/boat and occupants ii. Any evidence of an offence (liquor, packaging, proceeds, licenses, etc.) b. Highway Traffic Act i. Speed measuring warning device > MV only c. Fish & Wildlife Conservation Act i. Inspection of any wildlife > stop any “conveyance” ii. Building or place other than dwelling – evidence of offence > exigent circumstances d. Coroner’s Act i. PO delegated by coroner may, examine or take possession of any dead body, enter/inspect place where dead body is or was removed e. SITA for any lawful arrest permitted by a provincial statute. E.g. public intoxication, careless driving, trespassing, etc. SEIZING EVIDENCE: 30. What steps should be taken to ensure the “continuity” of evidence???????????? 31. Is there a difference between “Chain of Custody” of evidence and “Continuity” of evidence?  There is no difference (americans use chain of custody and canadians use continuity)

32. TEXTBOOK - When the police decide to return property they have seized, they must ensure two things before they do so. What are those 2 things that must be done? 1. That there is no dispute as to who is lawfully entitled to the property that was seized 2. That the property seized is not required for further detention 33. What is a Report to a Justice?  A legal document (5.2) that police use when asking a justice of the peace or judge for lawful permission to hold seized property for further investigation or until the completion of the trial SEARCH w/ WARRANT: 34. A search warrant is defined as… a form that grants permission to search private property 35. Definition of affiant- the police officer who writes the warrant application 36. What is disclosure? The practice, in criminal cases of the crown, of providing the defence with all the evidence gathered in an investigation. 37. Who must disclose? Why?  The crown must disclose ALL evidence relevant to the case because the accused has a right to make full answer and defense 38. What are the 3 F's of disclosure? What does each of these mean? Describes the criteria for search warrant applications- full, fair, and frank. WHAT THE FUCCCCCCK DO THESE MEAN?!?!?!?!?!?!?!?! 39. What is the process for obtaining a search warrant?  Police officer completes ITO (CC Form 1)  Ex Parte hearing takes place in private  Officer makes oath/affirmation truthfulness of ITO before the justice  Officer must make “full, frank, and fair” disclosure of all information known to the officer relevant to the matter before the authorizing justice 40. What/who is a Confidential Informant? How do police use CI’s? Informers who provide valuable information to the police and whose identity cannot be revealed by the crown or the police unless the informant agrees to it. Police use CI’s to get information that can be the primary basis for a search warrant. 41. What is Informer Privilege? Who is responsible for maintaining it? Why?  Informer privilege: Crown prosecutors have a duty to protect the identity of confidential police informants. Once informer privilege is found to exist, neither the Crown nor the police can breach it  As informer privilege belongs to both the Crown and the informer, the Crown cannot waive the privilege without the consent of the informer. Where the privilege is engaged, Crown prosecutors must object to the disclosure of any information that might reveal, even implicitly, the identity of an informer, or his or her status as an informer.

42. What is a “telewarrant”? Aren’t telewarrants only used in relation to Feeney-type situations? A warrant requested by telephone or other telecommunication means, most often a fax machine; used in circumstances where it is impracticable for the affiant to apply for the search warrant in person. 43. Textbook – Are there are time limits on search incident to arrest? Explain. There are time limits on search incident to arrest. As a general rule, searches that are truly incidental to arrest will occur within a reasonable period of time after the arrest. That said, a delayed search may qualify as being incidental to arrest. 44. The majority of search warrants are issued under the authority of section 487(1) of the Criminal Code. 45. What is an ITO? Information to obtain- a statement of facts concerning the investigation, the place to be searched, the items being sought, and the reason for their being sought. 46. What is meant by “Caretaker of confidential information privilege”?  As the "caretaker" of confidential informant privilege, the Crown "must be responsible for its preservation in the redaction of the search warrant materials." 47. The nexus of a search is defined as: A direct relationship, or nexus, between the offence that has been committed, the evidence that the police need to secure in their investigation and the location where the police believe the evidence will be located 48. What is meant by a “Dry warrant”?

49. Explain “Nexus of Search”: 

The word nexus means a connection or series of connections that link several items, concepts, or ideas. Before applying for a search warrant police must complete a thought investion, ensuring that there is a direct connection or nexus between:  The offence that has been committed, or an ongoing criminal investigation  The evidence being sought in relation to that offence and  The place that investigators want to search.

50. What types of search warrants are authorized to be executed at night? A warrant issued under section 487 or 487.1 shall be executed by day, unless: (a) the justice is satisfied there are reasonable grounds for it to be executed by night; (b) the reasonable grounds are included in the information; and (c) the warrant authorizes that it be executed at night Also s.11 controlled drugs and substances act search warrants, can be executed at any time, day or night, without seeking special authorization; but the reason for nighttime entry should be reported to the ITO.

51. What does CPIC stand for? Canadian Police Information Centre 52. Once an ITO is completed, the affiant may present it and the search warrant to which the following for authorization? JP? Provincial Court Judge? Superior Court Judge? Who? When presenting the ITO, the affiant must swear an oath or affirmation to a justice of the peace or a judge. 53. A “tracking warrant” is valid for up to ____ days. (5) Subject to section (6), a warrant is valid for the period specified in it as long as that period ends no more than 60 days after the day on which the warrant was issued. 54. Name different types of search warrants used for specific purposes. Firearms warrant, obscene materials, interception with consent wiretap, wiretap, impaired driving- blood samples, proceeds of crime, general search warrant, production order, DNA sample, bodily impressions, telewarrants, explosive warrants, number recorder, telephone records, entry for arrest. 55. What are s. 487 CC search warrants used for? Police to have the authority to enter and search a building, receptacle or place to obtain evidence relating to criminal activity, but only if the justice is satisfied that there are reasonable ground to believe that items related to criminality will be found in the location.

Kahoot Question – Review Custody Release & Investigative Detention – 1. This section of the CC demands police evaluate if a person can be released from custody. – 495(2) 2. True – Investigative detention requires a police officer be able to connect a person with a crime. 3. False – Police are not required to read rights to counsel when detaining for investigative purposes. 4. Arrest and detention are both types of: Custody 5. The document used to officially charge a person is known as: An Information 6. True – If PRICE is fulfilled, a police officer may release the offender using a Form 9 or Form 6. 7. Which of the following is the document that charges a person? Form 2 – Information 8. What is the name given to the meeting that occurs between the informant and the JP? – Ex Parte 9. What legal term means ‘By or for one party’ or ‘by one side’? – Ex Parte 10. True – Being stopped for a traffic violation is by definition, a form of ‘detention’.

Arrest & Release

1. Who is involved in a Level 1 arrest release? – The investigating officer 2. Where does a Level 1 arrest take place? – At the scene of the arrest 3. What documents are to be used in relation to a Level 1 arrest and release? – Appearance Notice or Criminal Summons 4. Who is involved in a Level 2 release? – Officer-in-Charge of police detention unit or peace officer 5. Where does a Level 2 release usually take place? Police cells (detention units) 6. What section of the CCC authorizes an OIC or other peace officer to use a PTA to release? – S. 498 7. What section of the CCC authorizes release from custody by peace officer using a Form 9 or 6? – S. 497 8. What section states that an accused must be released unless the Crown shows cause to deny bail? – S. 515 9. What are S. 469 offences? – Indictable-only offences including treason and murder 10. True – Unlike the USA there are no bondsmen (ex. “Dog Chapman”) in Canada because it is illegal? Search Warrants 1. What is the meaning of nexus of search? – Direct relationship between offence, items and location 2. What is the primary rule for police searches? – Warrantless searches are generally illegal 3. What is the application of a search warrant legally referred to as? – Information to Obtain (ITO) 4. An identified person who helps the police obtain information known as: Police agent 5. True: Police must get a new warrant to re-enter a place if they leave the place and wish to return. 6. What time is “daytime”? – 6AM-9PM 7. True: An ITO must name the place to be searched and the offence that the evidence will help prove. 8. Does a police officer executing a search warrant have to show the warrant? – Yes, if it is demanded 9. An actual search warrant is combined of 2 parts? ITO and Form 5 10. False: Police must prove they have reasonable suspicion in order to obtain a search warrant. Criminal Code Release Forms 1. 2. 3. 4. 5. 6.

CC Form 6 – Summons to a charged person CC Form 9 – Appearance Notice CC Form 10 – Promise to Appear CC Form 11 – Recognizance Entered into Before an OIC/other peace officer CC Form 12 – Undertaking Given to a Justice or a Judge CC Form 11.1 – Undertaking Given to a Peace Officer or an OIC

Week 2: Review 1. 2. 3. 4.

What statute is the supreme law of Canada? – Constitution Act, 1982 Which level of government is responsible for ensuring criminal laws are enforced? – Provincial Which level of government is responsible for prosecuting criminal cases? – Provincial Which level of government has total authority for creating, amending, and repealing criminal law? – Federal 5. What is the name of Nova Scotia’s provincial police service? – RCMP 6. True: Federal law permits cities to create their own police departments. 7. Regulations are considered to be... Delegated Legislation. 8. How has the Charter impact police officers? – Court-enforced accountability 9. When laws violate the Charter, they are said to be: Both, unconstitutional or of “no force or effect” 10. What section of the Charter outlaws arbitrary arrest or detention? – Section 9 11. What subsection authorizes the arrest of anyone “found committing a criminal offence”? – 495(1)(b) 12. False: A hunch constitutes reasonable grounds to arrest someone. 13. False: A person must be told they’re under arrest in order to be in “custody”.

14. What section of the Charter protects us from unreasonable search and seizure? – Section 8 15. True: S. 31 CC (Breach of Peace) is not classified as a criminal offence. Week 4: Laying Charges & Arrest Warrants 1. Wh...