Law 12 - Chapter 5

Federal Policing

Federal Policing

RCMP and CSIS.

Provincial Policing

OPP and QPP

Municipal Policing

SPD, VPD, and Delta Police

Federal Police Training

Federal agents training at a depot in Regina

Municipal Police Officer Training

Municipal agents training at the Justice Institute in New Westminster

Steps in a Lawful Arrest

1. notice on arrest

2. advising the arrest

3. caution 1 (right to counsel)

4. caution 2 (right to remain silent)

5. physical custody.

Challenges Faced by Police Officers

• changing social views

• accusations of racism

• public's ability to record interactions.

Positive Use of Police Presence in the Community

Community presence and involvement

EX: Surrey RCMP Basketball Tournament

Levels of Interaction Leading to Deadly Force

1. presence

2. restraining hands without handcuffs

   • batons, pepper spray, taser

3. shooting

Legal Documents Holding Officers Accountable

The Charter of Rights and Freedoms

Ways Police Can Arrest

• Appearance Notice (least serious)

• Arrest at Scene (based on reasonable grounds)

• Arrest Warrant (most serious).

Problems with Citizen's Arrest

• Arresting the wrong person

• The possibility of assault charges for using excessive force

• Danger to the citizen's own life.

Steps to Obtain a Search or Arrest Warrant

Visiting a Justice of Peace or Provincial Court Judge and swearing an Affidavit.

Instances Where Police Can Search Without a Warrant

• When a suspect is under arrest (search for weapons or additional evidence)

• When there are reasonable grounds to believe someone is carrying a prohibited weapon or illegal substances.

Difference Between Detention and Arrest

Detention is when the police restrict someone physically or psychologically but need more evidence, while arrest is the action of seizing someone to take them into custody.

Evidence Found at a Crime Scene

• weapons

• blood traces

• footprints

• fingerprints

• hair strands

Crime Scene Investigator Role

• Documenting the crime scene

• Putting together evidence

• Testing DNA traces

Rights Protected Under the Charter for Adult Offenders

• Right to a lawyer

• Right to remain silent

• Right to bail

• Right to be informed of charges

Enhanced Rights for Young Offenders

• Right to privacy

• Special safeguards during police questioning

• Presence of parents/guardians and lawyers

• Separation from adult offenders while in custody

Full Disclosure

The obligation for all parties to disclose the whole truth of an act

Recognizance with a Surety

When applying for bail, another person vouches for the offender and promises the court to aid in ensuring they appear in court and follow the rules set by the judge (curfew/substance use)

Recognizance without a Surety

When applying for bail, the offender themselves promise the court they will follow the rules given and appear at their trial date.

Bail

A payment someone can pay so they can be released from custody while they await trial.

Bail Conditions

• Not contacting certain people

• Staying in a specific area

• Curfew

Plain View Doctrine

Evidence must be in plain view for the police to be able to charge for it

Reasonable force

An appropriate level of physical force that someone uses to protect themselves

Excessive Force

Force that exceeds what is necessary to control a situation

Preliminary Hearing

Held by the court to decide whether there is enough evidence to send the case to trial

Plea Bargain

Agreement by the accused to plead guilty and give testimony for the promise of benefit, such as less prison time or fine.