Class notes
policing
- Course
- LAWS1123
- Institution
- Niagara College ( )
Lecture notes of 15 pages for the course LAWS1123 at (class notes)
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Basic Police Procedures: LAWS1123Introduction:
Definitions:
Public police: 3 levels.
Federal RCMP
Provincial OPP
Municipal NRP, Toronto, Hamilton.
Enforce public offences, including private property.
Paid by taxpayers.
All 3 levels find their powers under the law in the Criminal Code C.C.
CC is a federal documentation.
Most important is powers of arrest.
All 3 levels of police have the same powers under the CC.
Difference between the levels is Jurisdiction.
Private police: (security)
Police private businesses.
Paid by the private company that hired them, not Taxpayers.
Private security prevent & investigate offences on their property.
Ex. rental security, banks & casinos.
Reasonable Grounds:
Where is it defined?
Not in statue - becomes a case law (question of the law in a case).
“A set of facts or circumstances that causes a person on ordinary and prudent
judgement to believe beyond a mere suspicion.
“A set of facts or circumstances”:
Evidence - people (observations) &
things (items) ‘physical evidence’ eg. weapons.
Bodily substances
Fingerprints - BG’s prints (compare to real) &
Impression prints (tires, tools, gloves).
, “Ordinary prudent person”:
Doesn’t actually exist.
1st opinion is from police “law enforcement”
2nd opinion is from trial judge.
Ordinary prudent person then refers to the trial judge.
Now referred to as reasonable person test.
“To believe”:
Ultimately what is RG?
Belief or opinion.
“Beyond a mere suspicion”:
To understand BMS, define it MS.
Mere suspicion - unsubstantiated rumour or gossip - means no evidence.
Mere suspicion is belief NOT based on any evidence.
Difference between mere suspicion & reasonable grounds is evidence.
What is RG? When do I have RG?
1 - confession to anyone- stranger, parents, friends, etc.
2 - at least 1 credible eye witness - they witnessed all facts in issue; the good guy saw
the entire event and reports it. What if good guy is a liar and is dishonest with the
police? Will then be charged with Public Mischief.
3 - some kind of circumstantial evidence (CE); directly relates bad guy to crime.
Will study 2 types of CE = positive match on fingerprints - positive match on DNA.
Find committing:
Find committing is defined in case law.
2 parts:
A - seeing the entire offence committed and the BG stays at the scene.
You witness the ENTIRE offence by the BG and the BG stays at the scene.
Entire offence is made up of components/elements meaning Facts In Issue
Example of Facts in Issue:
Break and Enter:
break,
enter,
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