LS Blk 3 Entrance

mcsmith's version from 2015-05-31 21:02


Question Answer
Domestic dispute. When you arrive, you find the wife outside on the street. She tells you her husband beat her approximately an hour ago. Her nose is broken. She tells you that he has left the scene. She does not know where he is. After giving you a statement the victim leaves to stay with her mother in Penticton. Later in the evening you pass the residence and notice the lights on and the suspects car in the driveway. Which of the following best describes the circumstances under which you can enter the dwelling house to arrest the husband?you could enter once you obtain a warrant to enter for arrest under s.529.1 of the Criminal Code
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
When must re-advise a person of their right to counsel A. when the charge is raised to a more serious charge B. when the accused is not satisfied with the advice obtained from the first lawyer contacted C. when additional charges are added which may have a significant impact upon the legal jeopardy faced by the accusedA, C
You have arrested a 17-year-old female for breaking and entering a local convenience store. The arrest took place at 21:00 hours on Saturday night. The accused wishes 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, audiotaped, or videotaped
The 17 year old female you arrested now want to consult with someone before speaking with you. According to the Youth Criminal Justice Act, which of the following people would NOT be suitable for the youth to consult with?Her 17 year old boyfriend
Report of break and enter. While taking the report, you use the restroom and while passing an open bedroom door, you see 4 marihuana plants growing next to the window. Most appropriate legal response?•Seize the plants in plain view as evidence and search the rest of the house after obtaining a warrant
The protection order registry is a database kept by the provincial government accessible to police that contains all civil and criminal protection orders•True
The number for the central registry of protection orders is 1-800-•990-9888
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
Credit Card is defined in the CCC in section…•321
Being an accessory after the fact…•Varies according to the underlying offence
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
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
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
Willful blindness•Having suspicions aroused, but choosing to remain ignorant
The legal definition of “possession is found…•In section 4 of the CC
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
You receive a call to a restaurant regarding a dispute between the owner and former employee over salary. Upon arrival, the former employee is sitting quietly at a table. He is wearing a sign that says “this restaurant cheats employees”. You determine that the dispute is civil and advise both parties. The owner, in your presence, asks the suspect to leave. The suspect remarks “I aint going anywhere”. On behalf of the manager you repeat the request, but he still refuses. What offence has occurred and what would be the most appropriate action?•Trespassing. Advise the suspect that he is trespassing under the trespass act and you have the authority to issue a VT if he refuses to leave. If he continues to remain, warn him that he is now obstruction a peace officer under s 129 of the CCC. Where he is arrestable, subject to search, fingerprinted and photographed and potentially have a criminal record
You are called to a local marina where a moored yacht has been entered and property stolen. At the time no one is living in the yacht. Does this offence constitute a break and enter?4. Yes. A vessel is a place
3 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
A person can be charged with “BNE: into an unattended car parked in a mall parking lot•False
A person prowling on the property of another person, near a DH, at 7am could be charged with trespassing at night•False
Obstruction warning:•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”
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
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
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
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
You receive a call from dispatch to attend 1226W. Cordova St in order to speak Ally Mills about a complaint she wishes make. You arrive at Ms. Mills’s residence and she proceeds to convey the following story. Mills has worked as a bar staff at a local neighbourhood pub while attending university. Mills informs you that male who frequents the pub has been following her home after her shift at the pub, in excess of seven times. Mills has also observed Shivers seated in his vehicle outside her residence on at least three occasions over the past three weeks. Mills states that she has spoken to the male, SHIVERS, Roy about the occurrences. Mills informs you that she told Shivers that she does not want to pursue any type of relationship with him. Apparently, Shivers did not respond well this information. He became quite irate and angry after being spoken to. His reaction surprised Mills who as a result fears for her safety. Most appropriate charge?•Criminal harassment
Bodily harm•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
SMITH and JONES get into an argument at the pub and decide to settle it outside. In the parking lot they square off and begin punching each other. A crowd quickly forms and bets are placed. WATSON (who was probably drinking a little too much) gets carried away and climbs onto an orange crate and covers the action. After a short period JONES gets punched silly and slumps to the ground. Caught up in the excitement, WATSON leads the crowd in chanting, "Finish him, Finish him!!!" Thus encouraged, SMITH grabs JONES from the ground and runs him head first into the grill of his vintage VW Beetle. As a result of the collision with the vehicle, JONES suffers a fractured nose, three broken ribs, and a concussion. How does SMITH become a “party to the offence” in this scenario? Appropriate charge for SMITH? How is WATSON a PTO? Appropriate charge for WATSON?•Actually commits the offence • Assault causing bodily harm • Abets any person to commit an offence • Assault causing bodily harm
Crime stoppers tip regarding drug activity in the area of Delta. Information is: - the reportee believes that the activity is centred around the telephone both on the northwest corner of the intersection. Specifically, the one located in the 7-eleven store parking lot. - the complainant believes that the drug activity occurs mainly between 1600 - 2200. The tips says a drug dealer on a bike uses the parking lot as his place to do drug deals. Based on the info provided you and your partner establish an O.P (observation post). in order to assess the validity of the tip. You watch a male use the phone, described in the tip, make a brief call. After hanging up the phone you observe the male move around the west side of the 7-eleven, away from the front of the store. Approx 5 minutes later you observe a young Asian male, riding a bike, approach the other male, who made the call. A very brief conversation ensues. You observe a quick hand-to-hand exchange between the two males. They immediately go their separate ways. The entire encounter lasted approx 30 seconds during which time both males heads were on a swivel. You and your partner observe the exact same pattern of behaviour on 3 distinct occasions over a period of 70 minutes from your O. P. involving the same Asian male on the bike and three different people. What charge? What charge for the 3 people?Trafficking •Possession of a controlled substance
CSDA states that there are certain factors that should result in a more serious sentence should the accused be convicted of the crime. Police should make sure they articulate these aggravating factors in their report and bring them to the attention of Crown Counsel. Fill in the blank with the appropriate word from Section (give section and subsection) [10(2)] of the Controlled Drugs and Substances Act.Aggravating factors: Person ... • carried, used or threatened to use a [weapon], • used or threatened to use [violence], • trafficked in a substance included in Schedule I, II, III or IV or possessed such a substance for the purpose of trafficking, in or near a [school], on or near school grounds or in or near any other public place usually frequented by persons under the age of [eighteen] years, or • [trafficked] in a substance included in Schedule I, II, III or IV, or possessed such a substance for the purpose of trafficking, to a person under the age of [eighteen] years; • (b) was previously convicted of a designated substance offence; • or (c) used the [services] of a person under the age of eighteen years to commit, or involved such a person in the commission of, a designated substance offence.
Radio advises that 3 youth are knocking over mailboxes and pushing them into the middle of the roadway. On the way to the call you happen across the suspects in the process of pushing over a mailbox. While you are checking the youth, dispatch advises that they have received a call of a MVA in the area. The caller has stated the MVA occurred as the result of his efforts to swerve around a mailbox in the middle of the road. What is the most appropriate charge for the RTCC?•Mischief, CCC s. 430
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
Robbery that just occurred at a 7-11 convenience store at 3:30 am. White male, 5’11”, 175 lbs., blonde hair, wearing a red hat, a jean jacket, and blue jeans, was brandishing a knife when he confronted the clerk. The clerk placed the money from the cash register into a brown paper bag, a package of Player’s light cigarettes and handed it to the suspect. Suspect fled out the front door and ran northbound down Malcar St. You are patrolling in the area when you see a lone pedestrian walking on a sidewalk eight blocks from and in a direction away from the 7-11 about 15 minutes after the reported robbery. He is white, about 6’0”, 180 lbs, wearing blue jeans, an orange toque, a black t-shirt and is smoking a Player’s cigarette. He has been one of two persons you have seen walking in the area while you conducted your patrols. You would choose to ___ Explain why best course of action and articulate grounds•Arrest the suspect • -Possible doctrine of recent possession -- Players cigarettes were taken at the robbery, this male is smoking players cigarettes • -This male bears a striking resemblance to the description provided from the victim • -It is late at night and typically people aren't walking around at 0330hrs • -It is reasonable for this male to have been able to get 8 blocks away from the 7-11 in 15 minutes on foot Information Received: -called to a report of a robbery -robbery occurred at 7-11 at 0330hrs -a white male, 5'11, 175lbs, red hat, blonde hair, jean jacket, blue jeans came into the store -this male was brandishing a knife while he confronted the clerk behind the counter -the clerk placed the money from the case register into a brown paper bag and handed it to the suspect -the clerk also handed a package of player's light cigarettes to the suspect -the suspect fled on foot out the front door and ran north bound form malcar st Police Actions: -i was patrolling the area -at 0345hrs, i saw a lone pedestrian waling on a sidewalk 8 blocks away form the 7-11 -this pedestrian was walking in a direction away from the 7-11 -this male is a white male, about 6'0, 180lbs, wearing an orange toque, black t-shirt, blue jeans, and smoking s **player's cigarette** -this has been one of two people i have seen while doing patrols in the area

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