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Law 12 - Chapter 5

  • 3 levels of policing

    • Federal

      • RCMP (Royal Canadian Mounted Police)

      • CSIS (Canadian Security Intelligence Services)

    • Provincial

      • OPP (Ontario Provincial Police)

      • QPP (Quebec Provincial Police)

    • Municipal

      • SPD (Surrey Police Department)

      • VPD (Vancouver Police Department)

      • Delta Police

      • RCMP

      • New Westminster

      • West Vancouver

  • Police training

    • Federal agents train at a depot in Regina

    • Municipal agents train at the Justice Institute in New Westminster

  • Steps in a lawful arrest

    • Notice on Arrest

    • Advising the arrest

    • Caution 1, Right to Counsel

    • Caution 2, Right to remain silent

    • Physical Custody

  • Why has the profession of being a police officer become more difficult over the past decade?

    • Changing social views

      • People see them as racist

    • Phones

      • The public can record interactions

  • How do the police use their presence in our community in positive ways?

    • Community presence and involvement

      • RCMP Basketball Tournament

  • Levels of interaction that lead up to deadly force

    1. Presence

    2. Restraining hands without handcuffs

    3. Shooting

  • What legal documents holds officers accountable during their shifts?

    • Charter of Rights and Freedoms

  • 3 ways the police can arrest you

    • Appearance Notice

      • (least serious)

      • The person will receive a document telling them they have to appear in court

    • Arrest at Scene

      • This arrest occurs when the police have reasonable grounds to believe the accused committed a crime

    • Arrest Warrant

      • (most serious)

      • warrant issued by a judge which authorizes the arrest of an individual or the search and seizure of their property

  • How can a citizen’s arrest be problematic?

    • The wrong person could be arrested

    • The citizen could be charged with assault for using excessive force

    • Their own lives could be in danger

  • Steps to get a search or arrest warrant

    1. The police must visit a Justice of Peace or Provincial Court Judge

    2. The police must swear an Affidavit

  • 2 instances where the police don’t need a warrant to search a suspect

    1. Under arrest; officers can search for weapons or additional evidence

    2. Reasonable grounds; officers can search if they believe someone is carrying a prohibited weapon or illegal substances

  • What is the difference between being detained and being arrested by the police?

    • Detained = when the police restricts you, physically or psychologically, but they need more evidence as to how you were involved.

      • usually take less time, just for officials to assess situations

      • EX: the police pulling you over while driving

    • Arrested = the action of seizing someone to take them into custody

      • will be kept for longer times and there is a whole process to prove innocence

  • Examples of evidence that can be found at a crime scene

    • Weapons

    • Blood traces

    • Footprints

    • Fingerprints

    • Hair strands

  • Crime scene investigator role

    • Document the crime scene

    • Put together evidence

    • Test any DNA traces left at the scene

  • List 4 rights protected under the Charter for adult offenders being arrested

    • Right to a lawyer

    • Right to remain silent

    • Right to bail

    • Right to be informed of charges

  • How are rights of Young Offenders more protected?

    • They have right to privacy and special safeguards when a youth is questioned by the police

    • They can have parents/guardians present as well as lawyers

    • Young offenders must be separated from adult offenders while in custody

  • Vocabulary

    • Full disclosure

      • the obligation of both parties to disclose the whole truth of an act

    • Recognizance with or without a Surety

      • Recognizance is a promise made to the court by an offender. Recognizance with a surety means another person makes an additional promise to make sure the first person keeps their promise

      • Recognizance without a surety means it’s the offender alone who makes the promise on their own.

    • 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 fines.

Law 12 - Chapter 5

  • 3 levels of policing

    • Federal

      • RCMP (Royal Canadian Mounted Police)

      • CSIS (Canadian Security Intelligence Services)

    • Provincial

      • OPP (Ontario Provincial Police)

      • QPP (Quebec Provincial Police)

    • Municipal

      • SPD (Surrey Police Department)

      • VPD (Vancouver Police Department)

      • Delta Police

      • RCMP

      • New Westminster

      • West Vancouver

  • Police training

    • Federal agents train at a depot in Regina

    • Municipal agents train at the Justice Institute in New Westminster

  • Steps in a lawful arrest

    • Notice on Arrest

    • Advising the arrest

    • Caution 1, Right to Counsel

    • Caution 2, Right to remain silent

    • Physical Custody

  • Why has the profession of being a police officer become more difficult over the past decade?

    • Changing social views

      • People see them as racist

    • Phones

      • The public can record interactions

  • How do the police use their presence in our community in positive ways?

    • Community presence and involvement

      • RCMP Basketball Tournament

  • Levels of interaction that lead up to deadly force

    1. Presence

    2. Restraining hands without handcuffs

    3. Shooting

  • What legal documents holds officers accountable during their shifts?

    • Charter of Rights and Freedoms

  • 3 ways the police can arrest you

    • Appearance Notice

      • (least serious)

      • The person will receive a document telling them they have to appear in court

    • Arrest at Scene

      • This arrest occurs when the police have reasonable grounds to believe the accused committed a crime

    • Arrest Warrant

      • (most serious)

      • warrant issued by a judge which authorizes the arrest of an individual or the search and seizure of their property

  • How can a citizen’s arrest be problematic?

    • The wrong person could be arrested

    • The citizen could be charged with assault for using excessive force

    • Their own lives could be in danger

  • Steps to get a search or arrest warrant

    1. The police must visit a Justice of Peace or Provincial Court Judge

    2. The police must swear an Affidavit

  • 2 instances where the police don’t need a warrant to search a suspect

    1. Under arrest; officers can search for weapons or additional evidence

    2. Reasonable grounds; officers can search if they believe someone is carrying a prohibited weapon or illegal substances

  • What is the difference between being detained and being arrested by the police?

    • Detained = when the police restricts you, physically or psychologically, but they need more evidence as to how you were involved.

      • usually take less time, just for officials to assess situations

      • EX: the police pulling you over while driving

    • Arrested = the action of seizing someone to take them into custody

      • will be kept for longer times and there is a whole process to prove innocence

  • Examples of evidence that can be found at a crime scene

    • Weapons

    • Blood traces

    • Footprints

    • Fingerprints

    • Hair strands

  • Crime scene investigator role

    • Document the crime scene

    • Put together evidence

    • Test any DNA traces left at the scene

  • List 4 rights protected under the Charter for adult offenders being arrested

    • Right to a lawyer

    • Right to remain silent

    • Right to bail

    • Right to be informed of charges

  • How are rights of Young Offenders more protected?

    • They have right to privacy and special safeguards when a youth is questioned by the police

    • They can have parents/guardians present as well as lawyers

    • Young offenders must be separated from adult offenders while in custody

  • Vocabulary

    • Full disclosure

      • the obligation of both parties to disclose the whole truth of an act

    • Recognizance with or without a Surety

      • Recognizance is a promise made to the court by an offender. Recognizance with a surety means another person makes an additional promise to make sure the first person keeps their promise

      • Recognizance without a surety means it’s the offender alone who makes the promise on their own.

    • 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 fines.

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