Sociology 2253A/B Chapter Notes - Chapter 5: Excited Delirium, Pepper Spray, Racial Profiling
17 Dec 2016
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The charter of rights and freedoms and police powers. Police derive their powers from statue law, case law, common law and municipal bylaws. The criminal code provides the authority to arrest, use force, and to obtain dna samples. Charter of rights and freedoms gave those accused the right to challenge the actions of the police in situations where those rights might have been violated. Police cannot use certain investigative techniques (electronic surveillance) without prior judicial authorization. If the police gather evidence illegally, it may be excluded from a trial. A defendant who feels that police officers or prosecutors have used unfair tactics can plead not guilty and cite abuse of process as a defence. Severe restrictions have been placed on the investigative strategy of placing an under- cover office in a jail to elicit evidence from a criminal suspect. All relevant information gathered during an investigation must be disclosed to the defence attorney.
