jshields's version from 2015-05-31 00:13


Question Answer
You see a person peering through a woman’s bedroom window as she is getting ready for bed one night. You are going to charge him with…Section 177
3) Under which of the following circumstances must you re-advise a person of their right to counsel?* When the charge is raised to a more serious charge * When additional charges are added which may have a significant impact on the legal jeopardy faced by the accused
4) You have arrested a 17 year old female for BNE a local convenience store. The arrest took place at 2100hrs on Sat night. The accused wished to give a written statement and chooses to waive her right to counsel. Is an oral waiver sufficient?* No. A proper waiver must be in writing, audio taped, or video taped
5) The 17 YO fem you arrest now wants to consult with someone before speaking with you. According to the YCJA, which of the following people would NOT be suitable for the youth to consult with?* Her 17 year old boyfriend
7) T/F - the protection order registry is a database kept by the provincial government accessible to police that contains all civil and criminal protection ordersTrue
8) The number for the central registry of protection orders is 1-800-* 990-9888
9) When must an arrested person be given a “reasonable opportunity” to contact counsel?* When the person is advised of their right to counsel and indicates a desire to contact counsel
10) A “credit Card” is defined in the CCC in section…* 321
11) Being an accessory after the fact…Varies according to the underlying offence
12) You receive reliable information that a person has a marijuana grow op in his basement. There is no pressing time constrain. The best procedure to follow is..* Obtain a search warrant under s. 11(1) of the CDSA, enter and search
13) Which of the following statements would best describe the minimum requirements of the “charter” before an officer takes a statement from someone they have arrests?* s. 10(a) reason for arrest and s 10(b) right to counsel and official warning, must be given before obtaining a statement
14) T/F - in proving a charge of uttering threats (s. 264.1) it is necessary to prove that the accused intended to carry out the threat* False
15) Willful blindness means…* Having suspicions aroused, but choosing to remain ignorant
16) The legal definition of “possession is found…* In section 4 of the CC
17) In applying for a peace bond under s. 810 of the CC, an informant must fear on reasonable grounds that…* A personal injury crime will be committed * A property crime will be committed
20) In class we talked about the three legal elements that needed to prove an “attempted” crime. Those three elements were… (check 3)* Intent to commit the full offence * Overt action * Non-commission of the offence
22) T/F - A person prowling on the property of another person, near a DH, at 7am could be charged with trespassing at night* False
23) Finish the obstruction warning below:* I am a police officer I am in the legal execution of my duty (it is best to explain what the duty is in plan English) you are obstructing me if you continue to obstruct me you will be charged for “obstructing a police officer”
24) Which of the following is NOT an element that needs to be proven in order to proceed with a charge of assaulting a police officer?* Must prove that the arrest was lawful
25) T/F - for a police officer to be in the legal execution of their duty, they need to be more than merely “on duty”. They need to be actively engaged in one or more of their common law duties.True
26) Correctly complete your 5 common law duties with the correct word in the blank space* Preserve the peace * Protect life and property * Enforce the law * Apprehend offenders * Prevent crime
27) The CCC defines “possession” in 3 different ways. Fill in the blank with the appropriate one word answer.* ACTUAL possession: a person has anything in possession when he has it in his ACTUAL possession; the obvious type and easiest to prove. * CONSTRUCTIVE possession: when a person knowingly (i) has it in the actual possession or custody of another person, or (ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; more difficult to prove b/c we must prove that the person was aware (knowledgeable) about the presence of the item. * JOINT possession: where one of two or more persons, with the knowledgeable and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them; broad and helpful legal definition of possession for police
36) Unscramble the CCC description of the 3 ways an assault can occur.1. Without the consent of another person, he applies force intentionally to that other person, directly or indirectly; 2. He attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or 3. While openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
37) Fill in the blank with the appropriate word that will complete the definition of “bodily harm” as it appears in section TWO of the CC* Any hurt of injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature
Section 41:(1) A person who is intoxicated must not be or remain in a public place. (2) A peace officer may arrest, without a warrant, a person found intoxicated in a public place
Section 46:(3) A person must not (a) remain in a licensed establishment after he or she is requested to leave by the licensee or the licensee’s employee, (b) enter a licensed establishment within 24 hours after the time he or she was requested to leave the licensed establishment by the licensee or the licensee’s employee, or (c) without lawful excuse, the proof of which lies on the person, possess a knife, firearm or weapon in a licensed establishment. (4) A person who contravenes subsection (3) commits an offence and is liable on conviction to a fine of not less than $500. (5) A peace officer may arrest, without warrant, a person contravening or suspected of contravening subsection (3).
47) The "Doctrine of Recent Possession" has elements that police must prove if they want to prove that the person in possession of stolen (or other illegal) property is the same person who committed the original offence. These elements are…* Police must connect the suspect by the time and proximity to the original offence * Police must connect the property recovered to the property attached to the original crime