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basic police powers exam review

Terms in this set (114)

The time limit for charging someone for a summary conviction offence is...
six months
The maximum sentence for a person charged for Section 86 (3)(a)(i) C.C.C. is...
not more than 2 years
The maximum sentence for a person charged for Section 173(1)(b) C.C.C. is...
not more than 6 months
What are the possible scenarios in the definition of "Find Committing?"...
the police chase the offender from the scene and make an arrest...
Which Federal Act provides a definition for a "Dual Procedure" offence?...
1. Criminal code of Canada;
2. Interpretation act;
3. Canada evidence act;
4. None of these
none of these
Which of these categories of evidence help police establish reasonable grounds?...
1. Circumstantial evidence that leads to only one logical conclusion;
2. At least one credible witness statement (written of verbal);
3. all of these;
4. Confessions by the offender to anyone
all of these
Which landmark Supreme Court of Canada case renamed "Articulable Cause" to "Reasonable Suspicion to Detain?"...
R VS. Mann
If an offender is charged with an indictable offence, he/she has an option to elect to have their trial by the following way...
1. Court of Queen's Bench - Judge alone;
2. Provincial Court - Judge alone;
3. Court of Queen's Bench - Judge & Jury;
4. all of these
all of these
What are the two classifications of Criminal Code offences as found in the C.C.C.?...
Indictable and Summary Conviction
How are dual-procedure offences classified for investigational purposes?...
Indictable
The time limit for charging someone for a Summary Conviction offence is...
6 months
The maximum sentence for a person charged for Section 372 (4)(a) C.C.C. is...
not more than 2 years
What is the "Five-Step R.D.M. Model" in the correct sequence...
1. offence recognition;
2. classify the offence;
3. classify the belief;
4. custody authority recognition;
5. search authority
What are considered sources of evidence...
physical items and human observation
The maximum sentence for a person charged with Section 434 C.C.C. is...
not more than 14 years
Which of the following elements DO NOT form part of "Find Committing?"...
loosing sight of the offender for a few seconds
The maximum sentence for a person charged with Section 344 (1)(a)(i) C.C.C. is...
not more than 5 years
What are the two most important C.C.C. arrest authorities for front-line police officers?...
Sec. 495 C.C.C. & Sec 31 C.C.C.
What are the "Five Levels of Beliefs" in the proper sequence?...
1. Arbitrary;
2. Mere suspicion;
3. Reasonable suspicion to detain;
4. Reasonable grounds to arrest;
5. Find committing
Which Federal Act temporarily classifies dual-procedure offences as Indictable during the first stages of the investigation?...
interpretation act
The police can stop and search suspects for any reason, any time...
false
An offender can elect (ask) to have their trial with a Provincial Court Judge and Jury...
false
It is NOT possible for circumstantial evidence to make up reasonable grounds...
false
A citizen has the same powers of arrest as a police officer...
false
A "Hybrid" offence is also referred to as a "Dual-Procedure" offence...
true
Reasonable grounds can exist for arresting more than one suspect...
true
Reasonable suspicion to detain someone was formerly known as "Articulable Cause."...
true
The police investigator decides if a dual-procedure offence will proceed in court by way of summary conviction or an indictable offence...
false
If you make a lawful arrest, you can automatically search the arrested person for weapons and for any evidence of any offence...
true
A police officer can arrest an offender based upon an arbitrary belief, or on mere suspicion...
false
If a person committed a murder 30 years ago, the offender can be arrested and charged for that murder today...
true
Complete (100%) certainly is NOT required to establish reasonable grounds...
true
Mere suspicion is the same as a "hunch."...
true
As part of your "Investigative Detention," you can lawfully conduct a protective pat-down search looking for weapons only...
true
All indictable offence trials must be held before a Provincial Court Judge...
false
You arrest a young person and later decide to use your discretion to not charge the young person with an offence. You do not have to issue a Notice to Parent...
false
Police are required by the YCJA to consider Extrajudicial Measures before laying charges against a young person...
true
Young persons can only be placed in lock-up facilities with adult offenders of the same sex...
false
A young person who has been arrested may be placed in the care of a responsible adult before trial rather than being held in police custody or jail...
true
It is OK for the media to publish the name of a young person charged with a criminal offence in their daily newspaper...
false
In New Brunswick, the following courts have been designated as Youth Justice Courts...
NB Provincial Court and NB Court of Queen's Bench
According to Sec. 3 (1), it is the intent of the YCJA to promote the long term protection of the public by:
1. Rehabilitating and reintegrating young person back into society;
2. Ensuring meaningful consequences for offences which have been committed by young offenders;
3. Addressing the root causes of youth crimes;
4. all of these
all of these
The term "youth" or "young person" refers to person in the following age categories...
12 yr or more and less than 18 yr
According to Sec. 6 (1), a police officer shall consider any of the four (4) Extrajudicial Measures with respect to a young person who has committed an offence. These include...
do nothing at all, give a warning, issue a caution, refer the offender to a program or agency which may assist the young person (with the young person's consent).
According to Sec. 10 (1), Extrajudicial Sanctions are initiated by...
the police and the crown
According to Sec. 42 (2), the maximum fine imposed on a young person under the YCJA is...
$1,000
By definition in the YCJA, a "child" refers to a person who is of the apparent age of...
less than 12 yr
The Principles of the YCJA include:
1. Prevent crime by addressing the underlying reasons for the young person's behavior;
2. Rehabilitate and reintegrate young people back into society;
3. Ensure the young person takes responsibility for their actions;
4. all of these
al of these
What options are there to deal with young offenders?...
1.Extrajudicial Measures;
2.Extrajudicial Sanctions; and
3.Police Warnings and Diversion Programs
What is the age when a young person can to be dealt with as young offenders?...
age 12 yr or older but less than 18 yr
What is the age when a young person can to be dealt with and sentenced as an adult?...
age 14 yr. to 17 yr. and convicted for a serious violent crime
What are Extrajudicial Measures and Extrajudicial Sanctions designed for?...
Solve problems and keep young people out of the court system by having them take responsibility for their actions
How long will a young offender's criminal record will be available for review if they are convicted for a summary conviction (SC) and an indictable offence (IND)?...
After sentence completed - 3 yr. for SC offences and 5 yr. for IND offences
In what section of the YCJA is the definition of a "young person" found?...
YCJA section 2
The YCJA treats young persons the same as adults because young persons are so special...
false
First time young offenders must always be charged and taken to court...
false
A "repeat offender" is a youth who has committed an offence for the first time...
false
A YCJA sentence may include special supervision conditions if the youth has committed one or the more serious crimes...
true
The Restorative Justice process will allow a young person to get away with any crime by giving them a break for any crime...
false
Once a young person reaches the age of 18 years, their criminal record will automatically disappear...
false
If the young person commits another offence while they are still serving a sentence for a previous offence, the previous offence can be referred to or considered by the judge during the sentencing phase...
true
According to the YCJA, a "child" is defined as a person who, in the absence of evidence (birth certificate, etc.) to the contrary, appears to be less than twelve years old...
true
What is the "Primary Purpose" of the search incident to arrest?...
self-protection
The limits imposed on the search incident to arrest authority by the Supreme Court of Canada include:
1. The arrest must be lawful;
2. The search must be conducted "incident to" the lawful arrest;
3. the manner of search must be reasonable;
4. all of these
all of these
What does "FTA" stand for?...
failure to appear
What does the acronym "RG-IND" refer to?...
Reasonable ground for believing that an indictable offence occurred or is about to occur
Which of these documents are "Non-Custodial Compelling" documents?...
appearance notice
What are the two types of consent?...
expressed and implied
What is the "Feeney Warrant Formula?"...
RG-IND, RG-DH
A place used as a permanent or temporary residence is considered a dwelling-house...
true
If a search constitutes (causes) a Charter violation, the items seized incident to the arrest are not automatically admissible in court...
true
A bench warrant is issued by the court for a person who fails to appear in court...
true
It is not necessary to record verbatim notes if a suspect gives you consent to search any place for evidence as long as they say it is OK to search...
false
A criminal code document that compels an accused to appear in court is called a compelling document...
true
Taking custody of an offender is an investigative procedure...
false
"Search Incident to Arrest" means you can search a person and the immediate surroundings after a lawful arrest...
true
An entry onto the property and an entry into a storage shed is considered as "Two Entries."...
true
When do police have powers to arrest a person without a warrant:
1. RG-IND Committed;
2. RG-IND Valid Warrant Exists;
3. RG-IND Will Be Committed;
4. FC-SC Anywhere;
5. All of these
all of these
Police may enter a dwelling house without a warrant in "exigent circumstances."...
true
Which of the following is an example of "exigent circumstances"?...
a disconnected 911 call
There is no time limit on the validity of an arrest warrant...
true
A police officer cannot arrest a person who has an outstanding arrest warrant for a Summary Conviction offence from another province...
true
a search has two primary goals...
1. protective; and
2. investigation
there are two types of criminal proceedings...
1. indictable; and
2. summary conviction
there are 5 non-custodial documents...
1. summons;
2. appearance notice;
3. promise to appear;
4. recognizance; and
5. undertaking
definition of an arrest warrant...
defined in s.493c.c. as a form 7 document(also known as warrant for arrest)
form 7 warrant to arrest is...
to compel an accused to appear in court
there are 2 types of compelling documents...
1. custodial(form 7 warrant for arrest); and
2. non-custodial
evading means...
intentional avoidance
radius...
the maximum geographical distance that the crown attorney will pay for the police to travel in returning an offender arrested with a warrant
three examples of radius are the following...
1. Canada-wide;
2. Nation-wide; and
3. 200km
a form 28 is used to...
endorse a warrant
wanted means...
reasonable grounds exists for believing that a warrant exists and that the accused committed the offence stated in the message
is robbery an indictable offence...
true(yes)
a person can only arrest in the city of the same province if...
the offence is summary conviction, indictable or dual-procedure
a person can only arrest out of the province for dual procedure or indictable offences if...
reasonable grounds exists for believing that the accused committed the offence
a person can not arrest a person out of province if it is for a summary conviction offence...
true
the four proceeding pathways are...
1. summons;
2. arrest warrant in the first instance(this could lead to trial or non-custodial compelling documents);
3. warrantless arrest & non-custodial document; and
4. bench warrant
there are only two general classifications of a place where an arrest can be made...
true(dwelling house(private) & a public place)
what are the three ways to being authorized to enter a dwelling-house for the purpose of making an arrest...
1. the occupants consent;
2. feeney warrant; or
3. warrantless entry
feeney warrants do not apply to places that are non dwelling-houses...
true
what are the only two authorities for entering non-dwelling house places...
1. consent; and
2. warrantless entry
two types of consent...
1. expressed consent; and
2. implied consent
common law exigent circumstances refers to...
a public safety emergency in which there is a risk to any persons life and to which the feeney warrant does not apply
the following are considered dwelling houses when used as temporary or permanent residences...
- house or apartment;
- garage attached to the house;
- motel or rented room;
- tent; and
- a mobile unit designed to be used as a permanent or temporary residence such as a trailer
the term non-dwelling house is synonymous with non-residence and public place and it is defined as...
any place that is not a structure, including:
-sidewalk;
- street;
- privately or publicly owned field including the perimeter of a house; and
- any publicly or privately owned building or structure that is not kept or occupied as a permanent or temporary residence
a telewarrant is...
a solution to a problem that may arise when police are applying for a feeney warrant
CLEC stands for...
Common Law Exigent Circumstances
what is RICE...
Repetition Identify Court Evidence
where can a jury trial occur...
ONLY in superior court, NOT in provincial court
summary conviction trials must be held in...
provincial court
arrest is defined as...
formal actual restraint on a persons liberty without that persons consent OR formal physical custody of a person with the intent to detain
detention is defined as...
deprivation of liberty by physical restraint
circumstantial evidence is...
items, observations or a combination of both
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