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arrest & dentention

QuestionAnswer
section 7? right to life, liberty, and security of person right to remain silent
section 8? right to be secure against unreasonable search pr seizure
section 9? right to be arbitrary detained or imprisoned
section 10? right to be informed of reason for detention right to habeus corpus right to retain a lawyer
hunch? a gut feeling that something is wrong
reasonable suspicion? a suspicion that a person is/was/about to be involved in a crime
reasonable and probable grounds? clear and objective circumstances that suggest criminal activity
balance of probabilities? more likely than not to be connected to a crime (51% sure)
beyond a reasonable doubt? almost certain that a person is connected to a crime
detention purpose? level of certainty? rights? obligations? procedure? usually questioning/ investigation reasonable suspicion remain silent restricting your liberty w/o physical restraint 10 mins to an hour
arrest purpose? level of certainty? rights obligation? procedure? police may search person probable cause retain a lawyer identification 24 hrs before appearing before a judge
who can make citzen arrest? anyone may arrest without warrant only if caught doing a indictable offence
bad idea why? civil liability, physical danger, criminal charge
3 methods of police apprehension? appearance notice arrest warrant arrest without warrant
legally search? permission is given reasonable grounds that a person is carrying an illegal weapon reasonable grounds to think you're carrying alcohol or drugs if you're arrested police can do full search of person and belongings
legally search vehicle? permission is given when driving police can stop you for a number of reasons reasonable grounds that car contains illegal drugs or alcohol police can peek in windows
legally search residence permission is given chasing a person who ran into your home someone is in immediate danger evidence of a crime is being destroyed warrant
included in search warrant signature of judge a general description a deadline the correct address
rights violated in police search? do not resist i do not consent to this search
after arrest? photo and fingerprint remanded in custody or released promise to appear
3 question judge ask? offender is a risk to public high risk of fleeing a loss in public confidence
Created by: Rashana
 

 



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