AHSS*4050 Lecture Notes - Lecture 2: Police Misconduct, Police Legitimacy, Rotten Apples
Document Summary
Learning objectives: understand the importance of police legitimacy. The police: understand police discretion and the different factors that influence discretion, understand the importance of investigative detention, differentiate among methods of arrest. Identify differences among search warrants: understand the parameters of the right to legal counsel. Identify different types of police misconduct and early warning systems: understand the reasons for civilian oversight of the police. Section 8 of the charter of rights and freedoms protects against unreasonable search and seizure: r. v. feeney (1997) Investigative detention: a person is held for questioning without grounds for arrest: reasonable belief that person involved in criminal act. Importance of criminal matter being investigated: amount of intrusion necessary. Section 9 everyone has the right not to be arbitrarily detained or imprisoned : police can detain based on safety concerns. Secondary caution to charged person: police can arrest without a warrant when:
