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Exam Preparation Notes

Exam Preparation Notes

Exam Structure

  • The exam consists of multiple-choice, true/false, and fill-in-the-blank questions.

Purpose of Exams

  • Exams are a method to quantify and measure what has been learned.
  • They demonstrate comprehension of the material to relevant authorities.

Strategies for Success

  • Consistent attention to the material leads to 60% growth in understanding.
  • Quizzes are most effective when the material is fresh in your memory.

Seizing Prohibited Items

  • Question: What authority allows for the seizure of a prohibited weapon/item at screening, considering it's not incident to arrest or exigent circumstances?
  • Searches and seizures fall under Section 8 which says all searches/seizures are by default unlawful
  • The legality of searches and seizures is always based on exemptions to the law.
  • Key question: What is the source of your authority?
  • Consider the definition of a weapon according to the Court Security Act (CSA) and Section 301.
  • If using a criminal code definition, the item is evidence of a crime which could lead to an arrest.
  • The course of action depends on the operating context; determine the source of your authority first.
  • Regulatory or provincial legislation, like the Court Security Act, may be relevant, and situations can transition between different violations.

Irma Unger Case Study

  • Context: Working at Perimeter Point in Saskatoon, dealing with Irma Unger, whose sons have a tragic history.
  • Irma Unger has two sons. One son passed away while in custody which is a trigger event.
  • She comes into the courthouse to see her sons, one an adult and one a youth.
  • During the screening, a pair of scissors is detected in her bag via X-ray image.
  • A search reveals drugs (pills, white powder/crystal materials resembling meth), scales, a score sheet, and small baggies.
  • Grounds for arrest: Possession for the purpose of trafficking.
  • A search incident to arrest reveals more drugs in her pockets and the scissors initially detected.
  • Two simultaneous investigations are underway.
  • The seizure could be justified under 4(1), but the arrest was made under possession for the purpose of trafficking due to the drugs found (5(2)).
  • The arrest was made to prevent drug dealers from entering the courthouse.
  • Report must indicate items seized and the authority under which they were seized, including the scissors.
  • Could she be arrested for possession of scissors? No. No criminal charge?
  • Two simultaneous investigations happening at the same time.

Key Takeaways

  • When seizing items, understand the different rights and obligations involved each time.
  • Consider available choices and the justifications for those choices.