Arrests, Legal Rights, and Court Procedures

Flashcards based on lecture notes about arrests, legal rights, and court procedures.

When can an arrest occur?

At the time a crime is committed or after a police investigation.

What are search warrants?

Officers need this before legally conducting a search, and they must prove there were reasonable or probable grounds.

After establishing clear probable grounds, what three options do police have for apprehension/charging?

Issue an appearance notice, arrest the suspect, or obtain a warrant for arrest.

What type of offenses is an appearance notice typically issued for?

Usually for summary conviction's minor indictable offenses.

What information is included in an appearance notice?

Includes what you are charged with and your date for hearing.

For more serious indictable offenses, why will police arrest a suspect?

Purpose being preserving evidence, preventing fleeing, preventing committing more offenses.

What are Miranda rights?

The rights read to a suspect upon arrest.

If an accused resists, what rights do police have regarding the use of force?

As much force as necessary.

When may police be able to use lethal force?

Behavior of suspect may cause harm to others, suspect tries to flee arrest, and no alternatives to prevent escape.

What are the duties of police officers?

Crime prevention, law enforcement, assistance of victims to a crime, maintenance of public order, emergency response, investigation of crimes

When arrested, what must a police officer do?

Must search accused for evidence related to charge or things they can use to escape.

What do you not have to give when arrested?

Lineup, polygraph test, blood, urine, any DNA sample

What is the purpose of Section 8?

Grants everyone the right to be secure against unreasonable search and seizure.

When can police search someone without a warrant?

Believe person has weapon, catch committing crime or about to.

In a vehicle, what can police ask to see?

Police can ask to see your license, registration, and insurance.

What are your rights on being arrested?

To be informed of the reason, to retain & instruct counsel (lawyer)

What legal right do all Canadians have?

All Canadians have the right to retain and instruct counsel without delay.

What is bail?

Money or property given to court to ensure accused shows at a later date awaiting trial.

What does disclosure mean in a legal context?

Crown must give all evidence to the defense.

What can evidence include in a legal case?

Weapons, clothing, blood, fingerprints, etc.

What does DNA matching do?

Uses unique profiles to connect suspect to crime scene.

What type of cases are handled in provincial court?

Summary offenses and less serious indictable offenses

What type of cases are handled in provincial superior court?

Most serious crimes and more serious offences

What pleas can the accused enter?

Guilty or not guilty.

What is a preliminary hearing?

Used for serious offenses, judge checks for enough evidence.

What do plea negotiations consist of?

Accused may plead guilty for a lesser charge; saves time & money.