Deck 7: The Police and the Law

Question 1

Which of the following is NOT a legal factor that can be involved in a police decision to arrest someone?

A)the availability of jail cells
B)the seriousness of the crime
C)the demeanour of the suspect
D)the preference of the victim(s)

Answer 1

A

Question 2

A police officer is speaking with a suspect to a crime. The suspect is extremely disrespectful to the officer, which means the suspect is highly likely to be arrested. This scenario exemplifies which category of decisions to arrest?

A)legal factors
B)situational factors
C)extralegal factors
D)community factors

Answer 2

C

Question 3

What term is defined as the intrusion of a government representative into an individual's privacy?

A)inquiry
B)investigation
C)search
D)seizure

Answer 3

C

Question 4

Police officer Punja has spent many days investigating and questioning people about a crime that was committed in her district. She finally identifies the suspect and has the justice of the peace lay an information first against the person. What is the next step in the process?

A)The arrest is authorized, or a summons is issued.
B)A search warrant is issued to gather further evidence.
C)The justice of the peace will have a member of the court locate the suspect for appearance.
D)The case will proceed to the next court level.

Question 5

What section of the Charter of Rights and Freedoms is breached when an unreasonable search occurs?

A)s. 7
B)s. 8
C)s. 10
D)s. 12

Question 6

What model did the minority of the Supreme Court of Canada follow in their final decision in R. v. Feeney?

A)local legal culture
B)crime control
C)courtroom workgroups
D)due process

Question 7

What bill did Parliament pass allowing a police officer to enter a residence or other dwelling to make an arrest without a warrant if exigent circumstances exist?

A)Bill C-16
B)Bill C-21
C)Bill C-33
D)Bill C-42

Question 8

Once a suspect is identified, the police have to go to a justice of the peace. Which term describes this process?

A)bail hearing
B)lay an information
C)investigative detention
D)arrest

Question 9

When can the police arrest someone without a warrant?

A)when the person's custody is not an issue
B)when the person has committed a crime and their appearance in court cannot be compelled by a summons
C)when the person is found committing any criminal offence
D)when the person is to be brought before a justice of the peace within 18 hours of their arrest

Question 10

What is the appropriate standard of proof for a police officer receiving a search warrant?

A)reasonable grounds
B)the doctrine of plain view
C)on the balance of probabilities
D)proof beyond a reasonable doubt

Question 11

Which of the following factors did Mr. Justice Sopinka and the majority of justices NOT highlight in the R. v. Feeney decision?

A)privacy outweighs the interest of the police
B)it took too long for the police to read Feeney his rights
C)police must receive prior authorization before entering a dwelling to gather evidence
D)the police acted correctly by ensuring that a murder suspect was not a large

Question 12

What term is defined as the exercise of control by a government representative over an individual and/or item?

A)seizure
B)arrest
C)information
D)summons

Question 13

Which case involved the police entering an apartment without a warrant after receiving a 911 call?

A)R. v. Murray
B)R. v. Caslake
C)R. v. Godoy
D)R. v. Pickett

Question 14

A police officer's power to arrest without a warrant is restricted by s. 495(2) of the Criminal Code. This section of the Criminal Code states that no arrest shall occur in which of the following circumstances?

A)when district supervisors support the decision of a patrol officer
B)unless the justice of the peace agrees with the police that arrest is necessary
C)where reasonable grounds exist to believe the accused will fail to appear in court
D)where the public interest is satisfied

Question 15

What was the verdict in the second trial of Mr. Feeney?

A)not guilty
B)acquittal
C)guilty of first degree murder
D)guilty of second degree murder

Question 16

What section of the Charter of Rights and Freedoms is a remedy for cases involving the police use of discretion in an "improper or arbitrary" manner?

A)s. 7
B)s. 8(a)
C)s. 10b
D)s. 24

Question 17

Even where there is less than reasonable grounds to believe an offence has been committed, the police can still conduct certain steps. Which of the following is NOT allowed to be conducted by the police?

A)detain the individual
B)interrogate the individual
C)search the individual
D)grill the individual

Question 18

Which factor will make it more likely that a police officer will arrest someone?

A)a serious crime
B)the suspect is a family member
C)there is no witness to a crime
D)a high-income neighbourhood

Question 19

Why is discretion a crucial component of policing?

A)It is difficult to create a system of laws and rules for the police and Crown prosecutors to be comfortable with.
B)It is difficult to create a system of laws and rules that divide appropriate from inappropriate behaviour in every context.
C)It assists in the protection of due process rights of the accused.
D)It enhances the control of crime in society.

Question 20

Which activity involves the police power to restrain individuals, depriving them of their liberty?

A)bail hearing
B)investigative detention
C)custodial interrogation
D)arrest

Question 21

What section of the Criminal Code contains the provision for "reasonable grounds"?

A)s. 7
B)s. 101(1)
C)s. 125
D)s. 528

Question 22

As it applies to searches and seizures, which term generally refers to the question of whether police officers have overstepped their authorities?

A)generalized search
B)particularity
C)the doctrine of plain view
D)the "reasonableness" test

Question 23

What gives police the right to conduct general body searches and searches of the immediate surrounding area when arresting a suspect?

A)the Criminal Code
B)administrative law
C)the common law
D)the Charter of Rights and Freedoms

Question 24

In which case did the Ontario Court of Appeal provide guidelines for judging whether voluntary consent was given by a suspect?

A)R. v. Golden
B)R. v. Ducharme
C)R. v. Wills
D)R. v. Collins

Question 25

In which of the following examples is there no expectation of privacy?

A)a person's home
B)places where the public is ordinarily invited
C)border crossings
D)school records

Question 26

A police officer approaches a home where she knows a person is being held against their wishes. She has received information from a neighbour that a person has a weapon and is yelling threats of harm to the hostage. The police officer enters the dwelling without a search warrant due to changes in which bill?

A)Bill C-3
B)Bill C-16
C)Bill C-21
D)Bill C-25

Question 27

When an investigative technique is classified as a "search," what constitutional requirement applies?

A)the reasonable expectation of privacy
B)reasonableness
C)the right to legal counsel
D)security of the person

Question 28

According to Leo, which specific strategy is used during a custodial interrogation where officers provide an environment in which the suspect is encouraged to think positively of the interrogation and subsequently cooperates with the authorities?

A)reemphasizing
B)conditioning
C)persuasion
D)de-emphasizing

Question 29

What is the primary goal of a custodial interrogation?

A)to find out more information about other individuals
B)to gain enough information so the prosecutor can plea bargain
C)to solicit a confession from the suspect
D)to confirm an arrest

Question 30

The police knock on your door and present you with a warrant to search your property. They use a term other than "warrant." What term refers to the search warrant itself?

A)particularity
B)summons
C)affidavit
D)writ

Question 31

Which of the following allows police officers to search for and seize evidence without a warrant?

A)failure to observe the rights of the suspect
B)improbable grounds
C)the doctrine of plain view
D)lack of consent searches

Question 32

Which of the following is NOT one of the guidelines concerning consent searches by the Supreme Court of Canada in R. v. Wills?

A)the giver of consent had the authority to give the consent in question
B)the giver of consent was aware of his right to refuse to give consent to the police to engage in the conduct requested
C)the consent was given voluntarily even if there was some external police conduct that negated the freedom to choose
D)the giver of consent was aware of the potential consequences of giving the consent

Question 33

In the R. v. Fearon case, the Supreme Court of Canada ruled that police are able to search digital devices without a warrant subject to certain conditions. Which of the following is NOT a condition to search someone's phone?

A)the arrest must be lawful
B)the search must be truly incident to the arrest
C)the police are able to view all emails, texts, photographs, or call logs
D)the police must take detailed notes of what they examined on the device and how they examined it

Question 34

Where is a reduced expectation of privacy found according to the Supreme Court?

A)a person's home
B)prison cells holding inmates
C)information in medical records
D)places where the public is ordinarily invited

Question 35

What is the major legal issue in most consent searches?

A)whether the object in question is in plain view or hidden from view
B)whether the individual fits the description of the suspect
C)whether the suspect acts suspiciously
D)whether the police officer can prove that consent was given to them voluntarily

Question 36

Not every unreasonable search will lead to the exclusion of evidence. What section of the Charter deals with exclusion or inclusion of evidence?

A)Section 8
B)Section 10
C)Section 24
D)Section 52

Question 37

Legislation authorizing the seizure of bodily samples for DNA testing was approved by Parliament following which case?

A)R. v. Stillman
B)Alderton v. R.
C)Borden v. R.
D)R. v. Vu

Question 38

Which strategy used in a custodial interrogation results in the suspect rarely, if ever, thinking of stopping the interrogation in order to contact a lawyer for advice?

A)persuasion
B)limitation
C)conditioning
D)de-emphasizing

Question 39

Which of the following regulates most of what the police do in the area of search and seizure?

A)the Criminal Code
B)the doctrine of plain view
C)the common law
D)the "reasonableness" test

Question 40

Which of the following is NOT examined when determining the reasonableness of a search?

A)whether the information predicting the commission of a criminal offence was compelling
B)whether the information was based on a credible informant's tip
C)whether the information was corroborated by a police investigation before the decision to conduct the search was made
D)whether the information was obtained by unnecessary force

Question 41

The Inquiry Regarding Thomas Sophonow (2001) noted some dangers of using jailhouse informants. Which of the following is NOT included in those concerns?

A)jailhouse informants are polished and convincing liars
B)jurors will give more weight to "confessions" made to jailhouse informants than confessions made to a police officer
C)jailhouse informants rush to testify, particularly in high-profile cases
D)jailhouse informants appear to have evidence that could only have come from someone who committed the offence

Question 42

Prior to 2010, what percentage of all Mr. Big cases by the RCMP resulted in a prosecution that led to a conviction?

A)75 percent
B)80 percent
C)90 percent
D)95 percent

Question 43

In which case did the Supreme Court of Canada conclude that trial judges have a significant obligation to caution jurors about the unreliability of jailhouse informants' testimony?

A)R. v. Sophonow
B)R. v. Morin
C)R. v. Brooks
D)R. v. Bagley

Question 44

Which case resulted in Parliament introducing a new defence authorizing police officers to use deadly force in order to prevent a suspect from fleeing if the officer believes that force is necessary to protect the officer and/or any other person?

A)R. v. Fyfe
B)R. v. Lines
C)R. v. Smith
D)R. v. Johnson

Question 45

Which of the following is usually the result of an intense custodial interrogation?

A)coerced-complaint false confession
B)voluntary false confession
C)coerced-internalized false confession
D)coerced-externalized false confession

Question 46

According to the Supreme Court of Canada decision in R. v. Oickle, which of the following police interviewing techniques is acceptable?

A)offering some type of counselling
B)using shock tricks
C)using veiled threats
D)making offers of leniency

Question 47

According to Kassin and Wrightsman (1985), which of the following is one of the elements of a coerced-internalized false confession?

A)an unknown assailant
B)a promised benefit
C)a failure to give the suspect the right to silence
D)the presentation of false evidence

Question 48

In the United States, in what percentage of wrongful convictions did the prosecution use jailhouse informants?

A)10 percent
B)20 percent
C)30 percent
D)40 percent

Question 49

How did former Supreme Court Justice Peter Cory describe jailhouse informants?

A)"a dangerous group"
B)"pathological liars"
C)"opportunists"
D)"criminal entrepreneurs"

Question 50

Which inquiry noted the Crown relying on evidence supplied by a jailhouse informant who had 26 fraud charges dropped in exchange for his testimony?

A)the Morin Inquiry
B)the Milgaard Inquiry
C)the Sophonow Inquiry
D)the Mullins-Johnson Inquiry

Question 51

How much money was Thomas Sophonow awarded after DNA evidence cleared him of the 1981 murder of a waitress?

A)$2.4 million
B)$2.6 million
C)$2.8 million
D)$3.1 million

Question 52

Which of the following is the only situation defined as deadly force as highlighted in the textbook?

A)choke holds
B)police use of firearms
C)high-speed chases
D)stabbings

Question 53

In which strategy used in a custodial interrogation do the investigators inform suspects that if they don't tell their side of the story only the victim's side will be heard during the trial?

A)persuasion
B)limitation
C)conditioning
D)de-emphasizing

Question 54

Which of the following involves a trial judge having the discretion to give a "clear and sharp" warning to attract jurors' attention to the risks of adopting the evidence of the witness?

A)the Brooks warning
B)waiver
C)Vetrovec warning
D)Askov warning

Question 55

Which case was the first in Canada involving the admissibility of evidence obtained by an undercover officer?

A)Rothman v. The Queen
B)R. v. Oickle
C)Feeney v. The Queen
D)Nowlin v. The Queen

Question 56

According to the Supreme Court of Canada decision in R. v. Oickle, which of the following police interviewing techniques is NOT acceptable?

A)suggesting the reliability of a polygraph
B)making an appeal to a person's conscience
C)stating another family member or friend would not be charged
D)minimizing the seriousness of the offence

Question 57

You are a lawyer, and when you arrive at the jailhouse you discover your client has confessed to a crime she didn't commit. Upon discussing with her what happened, you learn she is in fear of her common law spouse (who actually committed the crime) so she confessed. What type of false confession does this exemplify?

A)coerced-complaint false confession
B)voluntary false confession
C)coerced-internalized false confession
D)coerced-externalized false confession

Question 58

Which high-profile Canadian case is used as an example of an unsuccessful interrogation yet still resulted in a charge and wrongful conviction?

A)Guy Paul Morin
B)David Milgaard
C)Donald Marshall
D)William Mullins-Johnson

Question 59

Tim has been watched closely by the police recently. He has not been arrested but they hope to get him to confess to a murder. They decide to use a technique whereby a police officer will pose as a member of an organization and befriend Tim. He will be persuaded to join the organization and receive various incentives if he confesses to the crime. This is an example of which type of police interrogation?

A)sting operation
B)Mr. X
C)Mr. Big
D)operation confession

Question 60

While conducting a trial, the judge addresses the jury to explain that the evidence they are about to hear is subject to special scrutiny as directed by the Supreme Court of Canada. Which warning is this scenario an example of?

A)Vetrovec warning
B)Viceroy warning
C)Vellenchuck warning
D)Vain warning

Question 61

What type of early warning system has the ability to look at a large number of issues?

A)the performance problem system
B)the inclusive single performance system
C)the comprehensive personnel assessment system
D)the data-based system

Question 62

What is the term used to describe actions that are inconsistent with the police officer's legal authority?

A)police misconduct
B)police discretion
C)police authority
D)police control

Question 63

Which of the following is a reason why individuals favour citizen oversight committees of the police?

A)they lead to more disciplinary actions against police officers
B)police officers are capable of conducting their own personal investigations
C)police departments punish problem police officers more harshly
D)police officers are deterred more by oversight committees

Question 64

What type of early warning system is used to look at a small number of performance issues?

A)the administrative performance system
B)the focused personnel performance system
C)the comprehensive personnel assessment system
D)the performance problem system

Question 65

Which of the following would be one of the goals of a police executive who wants to introduce an early warning system into her police service?

A)to increase the reactiveness toward problem police officers
B)to change the behaviour of police officers
C)to look at a wide range of policing issues
D)to increase the technology capabilities of the police service

Question 66

In the United States, the body-worn cameras (BWCs) pilot program that started in 2015. How much money did 32 states receive to train and purchase BWCs?

A)$1 million (US)
B)$3 million (US)
C)$13 million (US)
D)$23 million (US)

Question 67

Gail is a Toronto police officer who has worked in the same district for years. She has come to know some of the people in the community, especially those who are not following the law. It's nearing the holiday season and Gail wants to purchase a new game system for her children. She knows of someone in the district who sells "hot" systems for a discounted price. As a police officer Gail does not make a large salary, so she decides to use her resources and purchase a system for the holidays. What does this scenario exemplify?

A)police deviance
B)police nonconformity
C)police opportunity
D)police prospect

Question 68

What is the primary goal of early warning systems?

A)to deter police officers
B)to educate police officers
C)to reprimand police officers
D)to change the behaviour of police officers

Question 69

Which type of investigation led to the greatest number of police murders from 1961 to 2009?

A)robbery
B)domestic
C)homicide
D)sexual assault

Question 70

Which of the following occurs when almost all members of a police department are involved in systemic and organized misconduct?

A)"rotten apples"
B)pervasive but unorganized misconduct
C)pervasive but rarely organized misconduct
D)pervasive and organized misconduct

Question 71

What is the most popular method to control police misconduct today?

A)the creation of a separate civilian commission or review agency
B)criminal liability
C)an internal police investigation
D)civil liability

Question 72

What percentage of police officers between 1961 and 2009 were murdered during a robbery investigation?

A)15 percent
B)18 percent
C)23 percent
D)27 percent

Question 73

Which of the following is a basic component of early warning systems?

A)pre-intervention monitoring
B)intelligence
C)selection
D)punishment

Question 74

According to Kiedrowski et al. (2015), force occurs in what percent of all police-citizen encounters in Canada?

A)more than 5 percent
B)more than 10 percent
C)more than 15 percent
D)more than 20 percent

Question 75

Which of the following is a type of police misconduct?

A)consistent enforcement of the law among all populations
B)maintenance of authority
C)refusal to listen to community members
D)occupational deviancy

Question 76

The administration at a Toronto district police service has noticed that one of their officers, Alan, has received many citizen complaints. Most of the complaints seem to be from members of the Black community. The administration is recommending that Alan take a sensitivity course to alter his possible racism to the Black community. Which phase of the early warning system is this an example of?

A)selection phase
B)intervention strategies
C)post-intervention strategies
D)performance problem strategies

Question 77

Rico is a police officer in Vancouver and a father of three small children. He is on duty but had a rough night with his youngest and was up most of the night. Rico decides to drive to a quiet area in his district and take a nap to regain his strength. What does this scenario exemplify?

A)selective enforcement of laws
B)occupational deviancy
C)administrative misconduct
D)organizational deviancy

Question 78

Which of the following is a criterion used by police in the selection phase of an early warning system?

A)civil litigation
B)increase deterrence
C)increase education
D)threats by citizens groups

Question 79

Which of the following is defined as criminal and noncriminal behaviour committed during the course of normal work activities or under the guise of the police officer's authority?

A)occupational deviancy
B)unethical conduct
C)police misconduct
D)police deviance

Question 80

Which of the following police accountability systems allows police to investigate complaints against themselves?

A)early warning systems
B)civil liability
C)internal investigations
D)civilian oversight