Criminal Law Quiz

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42 Questions

What did Beaudry initially refuse to do before submitting it later that night?

Make a detailed report of the incident

What did the case of Hill vs. Hamilton-Wentworth Police establish?

Discretion is not absolute

What was the reason for the police claiming to work with discretion in the case of Hill vs. Hamilton-Wentworth Police?

They still had evidence

Where did the police begin using 'Investigative Genetic Genealogy' to identify the suspect’s family group?

In 2019

How many cold cases in Toronto are thought to have DNA recovered at the scene belonging to Joseph George Sutherland?

43

Where is discretion guided by when it comes to the source of police officers’ knowledge about the use/application of discretion?

Case law

How does the social, economic, and demographic makeup of the local community influence how officers use discretion?

Environmental factors

Who has the authority to issue search warrants?

Justice of the Peace

When can Controlled Drugs and Substances Act (CDSA) warrants be executed?

At any time

What is the nexus of search?

Direct relationship between the offense, evidence needed, and its location

Under what circumstances is the use of force during a search allowed?

Refusal, lack of response, or exigent circumstances

What is the impact of R v. Beare?

Upheld the legality of the Identification of Criminals Act

In what situation can school officials conduct a search?

Based on reasonable grounds for law or school rule violation

What does R v. Belliveau establish?

3 Part Test for lawful entry, inadvertent discovery, obviousness of evidence

What is the requirement for cavity searches?

Hospital conduct by a doctor, consent, or valid warrant

Under what authority can police officers conduct a strip search?

R v Golden guidelines

What does Section 2 CC define?

Definitions of 'night' and 'day' in relation to search warrants

What is the impact of R v Beaudry?

Impact on field strip searches

What does discretion refer to in police procedures?

Police officers' authority to decide on engaging the judicial process or lawful alternate actions

What are the factors influencing police discretion?

Community relationships and availability of alternatives

How can police service policies influence an officer's decision to lay charges?

By implementing zero-tolerance and ticket quotas

What does a 'zero-tolerance' approach potentially impact?

Canadians of diverse cultural backgrounds

What are the pros of police discretion?

Compassion, community cooperation, and addressing economic realities

What can police discretion foster within communities?

Cooperation and trust

What does investigative detention require?

Reasonable grounds to suspect

What does prima facie mean?

On first impression

Where do police derive their authority for SITA from?

English Common Law

What does 'disclosure' in criminal cases refer to?

Crown providing the defense with all evidence

What is the difference between a confidential informer and a police agent?

Ability to reveal identity and provide evidence in court

What does an 'affiant' refer to?

The police officer who writes the warrant

What does 'body search' refer to?

Also known as a cavity search

What happens once informer privilege is established?

The Crown and police cannot violate it

Under what circumstance can the Crown waive the informer privilege?

With the informer's consent

What type of questions are not permitted in relation to informers?

Questions that narrow down the possible informers to reveal the identity

For what purpose are confidential informers often used?

To obtain grounds for search warrants or warrantless searches

When is information from a confidential informer admissible?

If the defense challenges the search, seizure, or arrest

What does the Deboot Test evaluate the credibility of a tip using?

The 3 C’s: Compelling, Credible, and Corroborated

Are anonymous tips generally considered sufficient for legal actions?

No

When should the search after an arrest generally occur?

Within a reasonable period

What does the continuity of evidence require the police to do?

Account for the whereabouts of seized items at all times

What influences police discretion in responding to situations and enforcing laws?

Environmental, administrative, and individual factors

What does the 'Nexus of Search' relate to?

A police officer's attempt to apply for a search warrant based on the connection between the alleged crime and the place to be searched

Study Notes

Confidential Informers and Search Warrants in Criminal Law

  • Once informer privilege is established, neither the Crown nor the police can violate it.
  • The Crown cannot waive the informer privilege without the informer's consent.
  • Questions that narrow down the possible informers to reveal the identity are not permitted.
  • Confidential informers are often used to obtain grounds for search warrants or warrantless searches.
  • Information from a confidential informer is only admissible if the defense challenges the search, seizure, or arrest.
  • The Deboot Test evaluates the credibility of a tip using the 3 C’s: Compelling, Credible, and Corroborated.
  • Anonymous tips are generally not considered sufficient for legal actions.
  • The search after an arrest should generally occur within a reasonable period.
  • The continuity of evidence requires the police to account for the whereabouts of seized items at all times.
  • Various types of search warrants include ordinary, general, telewarrant, tracking, telephone number recorder, impression, and drugs and substances warrants.
  • CC Form 1 is the Information to Obtain Search Warrant, while CC Form 5 is the Warrant to Search.
  • Environmental, administrative, and individual factors influence police discretion, affecting how they respond to situations and enforce laws.
  • The "Nexus of Search" is related to a police officer's attempt to apply for a search warrant based on the connection between the alleged crime and the place to be searched.

Test your knowledge of confidential informers and search warrants in criminal law with this quiz. Explore the principles of informer privilege, admissibility of information, types of search warrants, and factors influencing police discretion. Prepare to dive into the legal intricacies of obtaining and executing search warrants in criminal investigations.

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