LAWS 2301 Lecture Notes - Lecture 9: Exculpatory Evidence, Indictable Offence, Search Warrant
Document Summary
What are the different levels of force used by the police as identified by griffiths (in the order that he presents): officer presence. The mere presence of a police officer may alter the behaviour of the participants at an altercation, thereby enabling control of the situation. Verbal and nonverbal communication skills may resolve the conflict and result in voluntary compliance: empty hands. Physical force is used to gain control: compliance tools. Equipment or weapons are used to gain control: lethal force. The situation requires complete incapacitation of the subject in order to gain control, and lethal force is the only option available to reduce the lethal threat: police powers, arrest. Limits to police: they are limited by the charter (cannot always use surveillance or searching without a warrant). It reaffirms that the prosecution must provide evidence to the defence including exculpatory evidence (evidence pointing away from the guilt of the accused).
