CC100 Lecture Notes - Lecture 5: Indictable Offence, Reasonable Suspicion, Legal Aid

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13 Mar 2015
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Lecture 5 cc102: police powers, arrest, search, use of force, obtain dna. Limits to police powers: charter limits police powers. Certain investigative techniques (electronic surveillance, jail informant, warrantless searches) Reason for arrest, right to counsel, right to remain silent: arrest warrant, document that permits a police officer to arrest a specific person for a specific reason. Information: a written statement sworn by an informant alleging that a person has committed a specific criminal offence. Inform the suspect that they are being arrested. Give the reason for the arrest or show the warrant. Legal aid is discretionary: to be informed of a toll free number (24 hour service) for legal counsel if needed, to remain silent. Issues in detention and arrest: search and seizure, evidence obtained during an illegal search may be excluded from trial if it would bring justice into disrepute, search must be reasonable.

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