CRM 308 Lecture Notes - Lecture 2: Indictable Offence, Frisking
27 Sep 2018
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Crm 308 lecture 2 notes - police powers. Police possess powers of investigative detention; there is no need to obtain a warrant. All that is needed is a reasonable suspicion (r. v. simpson; r. v. therens; r. v. mann) that the particular individual is implicated in the criminal activity under investigation. Reasonable (and probable) grounds to believe are needed to make an arrest. Both must be grounded in objective or observable facts. Suspicion relates to objective belief in possibility of criminality. Both must be free from prejudice or other improper motives. 1) have reasonable grounds to believe an indictable offence has been or will be committed, or; 2) observe the commission of any offence. Arrests in buildings require additional justifications, including exigent (pressing) circumstances . Reasonable grounds to suspect risk to safety. Reasonable grounds to believe evidence will be lost or destroyed. Officers must provide evidence outlining reasonable grounds to believe accused committed the offence.
