Police Powers Exam II| 120 Questions| With Complete Solutions Warrantless Search - Correct Answers A search conducted without a warrant; presumed to be unreasonable unless the Crown demonstrates, on a balance of probabilities, that it is reasonable.Charter Remedy - Correct Answers Something that the courts provide to ensure that any information or evidence gathered by police was obtained in accordance with the accused's Charter rights; may include the exclusion of items from evidence at trial.Prima Facie - Correct Answers Latin for "at first look;" evident from the facts; evidence that, if not contradicted, will be sufficient to prove a particular proposition or fact.Search Incident to Arrest - Correct Answers During this kind of search, police are looking for weapons, for evidence directly related to the offence, for tools of escape, and for evidence that will establish and confirm the arrested person's identity. Can search immediate surroundings. No set time limit.Offensive Weapon - Correct Answers An object designed to be used or intended to be used to cause death, injury, threat, or intimidation.Level 1 Field Search - Correct Answers This level of search involves a search on the street or out in the field. It usually consists of a pat-down search (a frisk) after a person has been arrested. It may also be conducted incident to investigative detention if the officer has reasonable grounds to believe the person being investigated is armed. General inspection of pockets is involved. No removal of clothing other than outerwear (jacket, headwear, gloves/mitts).Level 2 Thorough Search - Correct Answers This level of search is generally conducted at a police facility or at least in private, away from public view. It involves the removal of some clothing, but none that would expose a person's undergarments. Unless exigent circumstances exist at the time of the arrest, police will not conduct this search in the field.Level 3 Complete/Strip Search - Correct Answers This level of search is conducted at a police facility and involves the removal of all the clothing. Police must have strong grounds to believe the person may be concealing evidence, weapons, or a tool of escape.Level 4 Body Search - Correct Answers This level of search involves a body search, and must be conducted at a hospital by a medical doctor. The arresting officer believes the arrested person has 1 / 2
concealed drugs within their body (e.g. in the anus or vagina). It has to be conducted with the consent of the arrested party. If they don't consent, the police have to get a search warrant.Concurrence - Correct Answers Agreement that negates the intrusive potential of a search-and- seizure activity; principle whereby a search consented to by the person being searched requires no authorizing document from police.Third Party Consent - Correct Answers Search consent given by someone other than the accused (ex.husband and wife who jointly own or lease a property can give consent to search that property).Consent Conditions - Correct Answers Person must be aware of potential consequences of giving it, it must be informed, person must know it may be refused, person must know it may be withdrawn at any time during a search, it may be expressed or implied, and it must be voluntary.Plain View Doctrine - Correct Answers A doctrine according to which a police officer who is lawfully in a place can seize items that are in plain view and that are, on their face, illegal; requires that the initial intrusion by police be lawful and that the evidence be discovered inadvertently.Continuity Break - Correct Answers The transfer of any property or evidence from one location to another, or from one person to another. Begins the moment an officer seizes an item from its initial search location.Evidential Chain - Correct Answers The chain of evidence establishing the events that, seen in a sequence, account for the actions of the suspect, the victim, and even the witnesses in an incident; can also account for different forms of evidence found within the time frame in which the crime may have occurred.Report to Justice - Correct Answers A legal document, commonly referred to as a "5.2," that police use when asking a JP/Judge for lawful permission to hold seized property for further investigation or until the completion of the trial. D Dwelling House - Correct Answers The whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence (ex. house, apartment, occupied hotel room, recreational vehicle parked in a trailer park, tent).Expressed Consent - Correct Answers Direct and specific permission.
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