Sociology 2253A/B Chapter Notes - Chapter 5: Fax, Pepper Spray, Arrest Warrant
Document Summary
The charter of rights and freedoms and police powers. Police derive their powers from a number of sources. Chapter five: ex: statute law, case law, common law and municipal bylaws, ex: criminal code provides the authority to arrest, to use force, to search (with a warrant) and to obtain dna samples. The charter gives those accused the right to challenge the actions of the police in situations where their rights might have been violated: the police cannot use certain investigative techniques (ex: electronic surveillance) without prior judicial authorization. Police officers must clearly articulate why they have a conducted a search without a warrant. Federal legislation has authorized that police who are working undercover have the authority to break most criminal laws (except: those relating to murder, assault causing bodily harm, sexual offences, and obstruction of justice) The power to arrest is provided by the criminal code.