SOC 1500 Lecture Notes - Lecture 5: Arrest Warrant, Indictable Offence, Search Warrant
Document Summary
Chapter 5 police powers and decision making. The charter of rights and freedoms and police powers. The police cannot use certain investigate techniques (such as electronic survelliance) without prior judicial authorization. If the police gather evidence illegally, it may be excluded from a trial if its use would bring the administration of justice into disrepute. A defendant who feels that police officers or prosecutors are used unfair tactics can pleas not guilty and cite abuse of process as a defence. Severe restrictions have been placed on the investigate strategy of placing an undercover officer in a jail cell to elicit evidence from a criminal suspect. All relevant information gathered during a case investigation must be disclosed to the defence attorney. Warrantless searches have been deemed to be unreasonable. Police officers must now clearly articulate why they have a conducted a search without a warrant.