CRI210H1 Chapter Notes - Chapter 12: Indictable Offence, Exigent Circumstance, Police Accountability
1 Feb 2017
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Cjs looks at the reasonable expectation of personal privacy: warrantless searches can result in evidence being ruled inadmissible, discretion: police using judgement when deciding whether or not to intervene in a situation. Can be contested in court by individuals who feel that police used their discretionary powers in a wrongful manner. Extralegal factors: suspect"s social class and race. Investigative detention: reactive power dependent upon a reasonable belief that the detained person in implicated in a prior criminal act due to safety concerns. Police can hold a person for questioning when they do not have grounds for arrest. But not allowed to participate in intrusive searches. Arrest with a warrant: to obtain a warrant, police must lay an information first, must verbally inform the suspect that they are under arrest. Anything on/in respect to an offence has been committed or is suspected to have been committed. There will be evidence of an offence.
