SACR 2620 Lecture Notes - Lecture 6: High Standard Manufacturing Company, False Memory, Deadly Force
17 Dec 2018
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Discretion is usually based on what is occurring in courts. If there are pressures on police to be proactive in a community, there will usually be no warning to certain laws. Situational- more important calls can affect your situation. Investigative detention- a person is held for questioning without grounds for arrest: reasonable belief that person involved in criminal act, legality depends on: Importance of criminal matter being investigated: amount of intrusion necessary. Reasonable- belief that someone is involved in a crime; if a person files a suit against a police officer, they must give the facts as to why they detained someone. Charter of rights and investigative detention: section 9; everyone has the right not to be arbitrarily detained or imprisoned, police can detain based on safety concerns, based on objective standard, search for weapons. Intrusive searches are subject to very high standard: strip searches are difficult to justify to court.
