Criminal Law Quiz
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Questions and Answers

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

  • Arrest or charge Plourde
  • Make a detailed report of the incident (correct)
  • Classify the activity
  • Seek supervisor's guidance

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

  • Police had evidence to prove Hill was the correct person
  • Hill was wrongfully convicted
  • Robberies occurred while Hill was in custody
  • Discretion is not absolute (correct)

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

  • They wanted to prove Hill was the correct person
  • They still had evidence (correct)
  • They had wrongfully convicted Hill
  • They had no evidence

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

<p>In 2019 (A)</p> Signup and view all the answers

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

<p>43 (B)</p> Signup and view all the answers

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

<p>Case law (B)</p> Signup and view all the answers

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

<p>Environmental factors (C)</p> Signup and view all the answers

Who has the authority to issue search warrants?

<p>Justice of the Peace (A)</p> Signup and view all the answers

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

<p>At any time (C)</p> Signup and view all the answers

What is the nexus of search?

<p>Direct relationship between the offense, evidence needed, and its location (B)</p> Signup and view all the answers

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

<p>Refusal, lack of response, or exigent circumstances (D)</p> Signup and view all the answers

What is the impact of R v. Beare?

<p>Upheld the legality of the Identification of Criminals Act (C)</p> Signup and view all the answers

In what situation can school officials conduct a search?

<p>Based on reasonable grounds for law or school rule violation (B)</p> Signup and view all the answers

What does R v. Belliveau establish?

<p>3 Part Test for lawful entry, inadvertent discovery, obviousness of evidence (D)</p> Signup and view all the answers

What is the requirement for cavity searches?

<p>Hospital conduct by a doctor, consent, or valid warrant (A)</p> Signup and view all the answers

Under what authority can police officers conduct a strip search?

<p>R v Golden guidelines (D)</p> Signup and view all the answers

What does Section 2 CC define?

<p>Definitions of 'night' and 'day' in relation to search warrants (C)</p> Signup and view all the answers

What is the impact of R v Beaudry?

<p>Impact on field strip searches (A)</p> Signup and view all the answers

What does discretion refer to in police procedures?

<p>Police officers' authority to decide on engaging the judicial process or lawful alternate actions (C)</p> Signup and view all the answers

What are the factors influencing police discretion?

<p>Community relationships and availability of alternatives (A)</p> Signup and view all the answers

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

<p>By implementing zero-tolerance and ticket quotas (B)</p> Signup and view all the answers

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

<p>Canadians of diverse cultural backgrounds (C)</p> Signup and view all the answers

What are the pros of police discretion?

<p>Compassion, community cooperation, and addressing economic realities (C)</p> Signup and view all the answers

What can police discretion foster within communities?

<p>Cooperation and trust (D)</p> Signup and view all the answers

What does investigative detention require?

<p>Reasonable grounds to suspect (B)</p> Signup and view all the answers

What does prima facie mean?

<p>On first impression (C)</p> Signup and view all the answers

Where do police derive their authority for SITA from?

<p>English Common Law (B)</p> Signup and view all the answers

What does 'disclosure' in criminal cases refer to?

<p>Crown providing the defense with all evidence (C)</p> Signup and view all the answers

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

<p>Ability to reveal identity and provide evidence in court (D)</p> Signup and view all the answers

What does an 'affiant' refer to?

<p>The police officer who writes the warrant (A)</p> Signup and view all the answers

What does 'body search' refer to?

<p>Also known as a cavity search (B)</p> Signup and view all the answers

What happens once informer privilege is established?

<p>The Crown and police cannot violate it (D)</p> Signup and view all the answers

Under what circumstance can the Crown waive the informer privilege?

<p>With the informer's consent (D)</p> Signup and view all the answers

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

<p>Questions that narrow down the possible informers to reveal the identity (D)</p> Signup and view all the answers

For what purpose are confidential informers often used?

<p>To obtain grounds for search warrants or warrantless searches (B)</p> Signup and view all the answers

When is information from a confidential informer admissible?

<p>If the defense challenges the search, seizure, or arrest (D)</p> Signup and view all the answers

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

<p>The 3 C’s: Compelling, Credible, and Corroborated (B)</p> Signup and view all the answers

Are anonymous tips generally considered sufficient for legal actions?

<p>No (D)</p> Signup and view all the answers

When should the search after an arrest generally occur?

<p>Within a reasonable period (D)</p> Signup and view all the answers

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

<p>Account for the whereabouts of seized items at all times (C)</p> Signup and view all the answers

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

<p>Environmental, administrative, and individual factors (A)</p> Signup and view all the answers

What does the 'Nexus of Search' relate to?

<p>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 (A)</p> Signup and view all the answers

Flashcards

Police Discretion

Police officers have the authority to choose whether to engage the judicial process or take alternative legal actions.

Hill vs. Hamilton-Wentworth Police

The case of Hill vs. Hamilton-Wentworth Police established that police discretion is not absolute. Even when police have evidence, they cannot use it to justify unchecked discretion.

Investigative Genetic Genealogy

The use of 'Investigative Genetic Genealogy' involves using DNA evidence to identify a suspect's family group, potentially leading to their identification.

Nexus of Search

The 'Nexus of Search' is a legal requirement where there must be a direct relationship between the offense, the evidence needed, and the place police want to search.

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Disclosure in Criminal Cases

The Crown must provide defense lawyers with all the evidence they have in a criminal case.

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Continuity of Evidence

The police must be able to account for the location of seized items at all times to ensure a chain of custody.

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Confidential Informer

A confidential informer can provide crucial information without revealing their identity, but they cannot testify in court.

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Affiant

A police officer who writes a search warrant is known as the affiant. They must be credible and provide evidence to support the warrant.

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Body Search

A 'body search' refers to a search of a person's body which can include a cavity search. It requires a warrant, consent, or a medical professional performing it.

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Deboot Test

The 'Deboot Test' assesses the reliability of a tip by considering three factors: how compelling the tip is, the source's credibility, and whether the information is corroborated.

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Use of Force During Search

The use of force during a search is only permitted if there is resistance, a lack of response from the person being searched, or exigent circumstances.

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Search Warrant

A search warrant allows police to search a specific location for evidence relating to a crime. It is issued by a Justice of the Peace.

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CDSA Warrants

The Controlled Drugs and Substances Act (CDSA) allows for the execution of warrants at any time, regardless of the time of day.

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R v. Beare

In R v. Beare, the court upheld the legality of the Identification of Criminals Act, affirming its use in identifying suspects.

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R v Belliveau

In the case of R v. Belliveau, the court established a three-part test for lawful entry: lawfully being at the place, inadvertent discovery, and obviousness of evidence.

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School Searches

School officials can conduct a search based on reasonable grounds for a law or school rule violation. They must have reasonable grounds to believe a violation has occurred.

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R v. Beaudry

The impact of R v. Beaudry was significant in relation to field strip searches. It helped define the legal parameters and requirements for these searches, emphasizing the need for strong justification.

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Cavity Searches

A cavity search is a highly intrusive search of a person's body requiring a warrant, consent, or a medical professional conducting the search.

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R v Golden

The R v Golden guidelines provide the legal authority for police officers to conduct a strip search. These guidelines specify the requirements for a lawful strip search.

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Section 2 CC

The 'day' and 'night' definitions for search warrants are outlined in Section 2 of the Criminal Code. These definitions determine when certain search warrants can be executed.

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Environmental Factors

Police discretion is influenced by environmental factors, such as the social, economic, and demographic characteristics of the community.

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Case Law

Police discretion is guided by case law. This means that past court decisions form the basis for how police exercise their discretion.

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Police Service Policies

Police discretion can be influenced by police service policies, such as zero-tolerance approaches and ticket quotas. These policies can affect how officers make decisions.

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Zero-Tolerance Approach

The use of a zero-tolerance approach can have a disproportionate impact on certain groups in society, particularly Canadians of diverse cultural backgrounds.

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Pros of Police Discretion

Police discretion can have positive aspects, including compassion, community cooperation, and taking into account economic realities.

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Trust and Cooperation

Police discretion can foster cooperation and trust within communities when it is used effectively.

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Investigative Detention

Investigative detention involves temporarily detaining someone based on reasonable grounds to suspect involvement in a crime. It's short-term and requires justification.

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Prima Facie

Prima facie means 'on first impression' or 'at first glance.' It's used to assess the credibility of a tip or a piece of evidence.

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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.

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Related Documents

Police Powers - Final Exam Study Guide PDF

Description

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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