SOC209H5 Chapter Notes - Chapter 5: Custodial Interrogation, False Confession, Racial Profiling
Document Summary
Police derive their power from many sources- statute law, case law, common law, and municipal by laws. Criminal code, provides the authority to arrest (section 495), to use force (section 25), to search (with a warrant section 487) Charter of rights and freedoms- rights for those accused of crime, accused has the rights to challenge the actions of the police, in the case that those rights be violated. Charter= limits police power: police cannot use certain investigative techniques (eg. electronic surveillance) without prior judicial power. Police officers must now clearly articulate why they have conducted a search without warrant. Police retained power from the supreme court: It has ruled in favor of the police practice of using thermal imaging technology deployed for aircraft to detect high levels of hear from homes, a key indicator of marijuana grow-ops. It has held that the charter does not require does not require the presence, on request of the defense counsel during custodial interrogation.
