AHSS 1160 Lecture Notes - Lecture 10: Selective Enforcement, Police Misconduct, Police Legitimacy
31 Jul 2018
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Chapter 7 - the police and the law. Understand police discretion and the different factors that influence discretion. Section 8 of the charter of rights and freedoms protects against unreasonable search and seizure. A person is held for questioning without grounds for arrest. Reasonable belief that person involved in criminal act: legality depends on: Section 9 everyone has the right not to be arbitrarily detained or imprisoned . Police can detain based on safety concerns. Safety of officers based on objective standard. Strip searches difficult to justify to court. Police ability to stop and question can be a valuable investigative tool. Arrest involves taking physical custody and control of accused. Must appear before court within reasonable time. Police must verbally inform suspect on arrest: Secondary caution to charged person: police can arrest without a warrant when: Suspect is about to commit an offence. Officer has a reasonable belief there is an outstanding warrant.
