Week 6 – Police Powers and Decision Making

• What are the four police powers?

  The four police powers are:

  1. Arrest
  2. Use of Force
  3. Search
  4. Obtain DNA
• What limits police powers? What are they limited in?

  The Charter of Rights and Freedoms limits police powers. There are limits to police's certain investigative techniques which requires warrants. There are also limits to gathering and disclosing evidence.
• Lawful arrests requires police to do what?

  Lawful arrests require police to:

  • Identify themselves.
  • Inform the suspect that they are being arrested.
  • Give the reason for the arrest or show the warrant.
  • Touch suspect on the shoulder.
• What are the requirements for a formal arrest?

  The requirements for a formal arrest are a (1) reason for the arrest, (2) right to counsel, and (3) right to remain silent. Additionally, they need an arrest warrant. This is a document that permits a police officer to arrest a specific person for a specific reason.
• What are the four steps to arresting an individual without a warrant?

  The four steps to arrest an individual without a warrant are:

  1. Caught committing an offence.
  2. Belief that person has committed an indictable offence.
  3. Belief that a person is about to commit an indictable offence.
  4. Anti-terrorism Act: An arrest on suspicion rather than reasonable grounds.
• What are the rights of the arrested or detained?

  The rights of the arrested or detained are:

  • To be informed of the reason (s.10 of Charter)
  • To retain and instruct counsel and to be inform of this right without delay.
  • To be informed of a toll-free number (24-hour service) for legal counsel if needed.
  • To remain silent.
• What happens if evidence gathered during an illegal search and seizure?

  Evidence obtained during an illegal search may be excluded from trial if it would bring justice into disrepute.
• Fruit of the Poisonous Tree

  If the source of evidence is tainted, anything gained is tainted as well.
• A search and seizure must be what?

  A search and seizure must be reasonable. This means (1) authorised by law, (2) law must be reasonable, and (3) manner of search must be reasonable. This normally requires a search warrant.
• Search Warrant

  Document that permits the police to search a specific location and take items that might be evidence of a crime.
• When is a search warrant required?

  A search warrant is required if it involves:

  • Secret recording of conversations.
  • Video surveillance.
  • Perimeter searches.
  • Installation of tracking devices.
  • Search of automobile.
• When is a search warrant not required?

  A search warrant is not required if it involves:

  • Suspect is under arrest.
  • Officer self-protection.
  • Prevention of evidence destruction.
  • In an emergency situation.
• What are the three events in which an individual has the right to remain silent?

  The three events in which an individual has the right to remain silent are:

  1. Right not to speak with police.
  2. Police cannot compel suspects to answer their questions.
  3. Police must inform suspects that their statements may be used against them.
• What are two exceptions when an individual cannot remain silent?

  The two exceptions when an individual cannot remain silent:

  1. Silence cannot be used to obstruct a police officer.
  2. In some cases, silence may raise suspicions that result in arrest.
• What is considered a false confession?

  False confessions are made when an individual is diagnosed with a mental disorder, is stressed, fatigued, or are currently going through withdrawal.
• For a confession to be valid what must occur?

  A confession is valid if it is made freely and voluntarily.
• Discretion

  Freedom to choose among different options when confronted with the need to make decision. However, there are some zero tolerance laws that impede discretion and compel arrest.
• Typifications

  Constructs based on a patrol officer's experience that denote what is typical about people and events routinely encountered. There are concerns of racial profiling as opposed to criminal profiling.
• Recipe for Action

  The actions taken by patrol officers in various kinds of encounter situations.
• What are some things that influence police decision making?

  Some things that influence police decision making are:

  • Community and Political Pressure
  • Persons of Interests
  • Complains and Victims
  • Seriousness of Alleged Offence
  • Visibility of Decision
  • Individual Police Officers
  • Policing Task Environment
  • Law/Policy/Police Priorities
• Indigenous peoples in the criminal justice system are?

  Indigenous peoples in the criminal justice system are overrepresented. Serious incidents where police have been discriminatory against Indigenous people.