Deck 5: Police Powers and Decision Making

Question 1

Police officers with prior involvement in shootings are less likely to be involved in subsequent shooting incidents.

Answer 1

False

Question 2

The Supreme Court of Canada has held that there is no difference between arrest and detention.

Answer 2

False

Question 3

Canadian courts generally allow the defence of entrapment.

Answer 3

False

Question 4

Recent studies on the use of the Taser by police officers found a causal link between the use of Tasers and the increased risk of cardiac harm.

Question 5

Police officers and police departments cannot be held criminally liable for the decisions they make to deploy force.

Question 6

Canadian police officers must inform a suspect that any statements the suspect makes may be used against them in a court of law.

Question 7

The Supreme Court of Canada has ruled that police officers may not use trickery to obtain confessions.

Question 8

The police are not allowed to use force to obtain DNA samples from suspects.

Question 9

Canadian courts have held that all relevant information gathered during a case investigation must be disclosed to the defence attorney.

Question 10

Provisions in the Canadian Criminal Code place strict limits on the use of discretion by police officers.

Question 11

Research studies have found that racial profiling by police officers is widespread in Canada.

Question 12

The Charter of Rights and Freedoms is one of the most significant developments in terms of police powers.

Question 13

The provisions in the Anti-terrorism Act give police the power of preventative arrest.

Question 14

Most individuals are released shortly after formal arrest

Question 15

Police officers with a college education are less likely to be involved in shootings than officers without a college education.

Question 16

Officer presence, dialogue, empty hands, less-lethal force, and lethal force are the five distinct force options available for police officers.

Question 17

Female officers are less likely to be involved in incidents of serious misconduct.

Question 18

By law and by training, a police officer is required to respond with the least violent option available that will gain control of a situation.

Question 19

Suspects in Canada are compelled by law to answer any questions asked by police officers.

Question 20

Research evidence indicates that persons with mental illness (PwMI) are subjected to higher levels of force in police interactions when compared to individuals without mental illness.

Question 21

Which of the following pieces of legislation has likely had the greatest impact on police activities and powers?

A) the RCMP Act
B) the Anti-terrorism Act
C) the Criminal Code
D) the Charter of Rights and Freedoms

Question 22

Which statement is most accurate with respect to police officers and their use of force?

A) The police do not have legal authority to use force.
B) The police cannot be held criminally and/or civilly liable for excessive use of force.
C) The police can use force that is one level higher than that with which they are confronted.
D) Police officers prefer to use force rather than tactical communication.

Question 23

Amy is a police officer who is in the process of arresting a suspect. She searches the suspect to make sure that he does not have any weapons or easily destroyed evidence on his person. Which type of search is this?

A) an illegal warrantless search
B) a legal warrantless search
C) an illegal warranted search
D) a legal warranted search

Question 24

What is entrapment with respect to police powers?

A) situations in which the police create circumstances that lead otherwise law-abiding persons to engage in criminal acts
B) the strategies that police officers use to track down crime suspects
C) devices such as spike belts that are used to slow down crime suspects in high-speed chases
D) any police surveillance technique that is used to observe offenders violating the law

Question 25

Which of the following is a consequence of recent court decisions for police officers?

A) Police cannot use force to obtain DNA samples from suspects.
B) Police can obtain foot, palm, and teeth impressions from a suspect.
C) Police cannot use the provisions of the Anti-terrorism Act to arrest suspects.
D) Police can only conduct searches when they have a search warrant.

Question 26

Which of the following statements best describes police discretion in Canada?

A) It has been largely eliminated by the Charter of Rights and Freedoms.
B) It is not authorized by legislation.
C) It is an integral part of policing.
D) Its use is not recommended.

Question 27

Which of the following is NOT a factor identified by field research studies as influencing patrol officers' decision making?

A) the seriousness of the alleged offence
B) the priorities of the police department
C) the wishes of the complainant
D) the time of day the alleged offence occurs

Question 28

Mark is an RCMP officer who frequents online chat rooms posing as a 12-year-old girl in order to attract online predators. Which of the following might be a possible defence for someone who tries to seduce Mark's online alter-ego?

A) entrapment
B) a Mr. Big operation
C) trickery
D) identity posing

Question 29

Abby is a police officer who is responding to a 911 call about an in-progress physical assault. When she reaches the scene, the suspect continues to physically assault the victim with his bare hands. Abby uses a compliance tool to get control of the suspect. This is an example of what type of force?

A) considerable officer use of force discretion
B) unconstitutional use of force
C) inappropriate use of the one-plus-one use of force standard
D) appropriate use of the one-plus-one use of force standard

Question 30

Which of the following statements is NOT a circumstance where an arrest without warrant would be acceptable?

A) An officer has caught a person in the act of committing an offence.
B) An officer believes on reasonable grounds that a person has committed an indictable offence.
C) An officer believes on reasonable grounds that a person has committed a summary conviction offence.
D) An officer believes on reasonable grounds that a person is about to commit an indictable offence.

Question 31

Which of the following actions by a police officer would NOT be part of a lawful arrest?

A) identifying him/herself as a police officer
B) informing the suspect of his or her absolute right to have counsel paid for by the state
C) informing the suspect that he or she is being arrested
D) informing the suspect of the reason for the arrest or showing the warrant if there is one

Question 32

According to the Supreme Court of Canada, under what circumstances is a warrant NOT required to enter a premise?

A) when an officer believes that someone on the premises is in danger of injury
B) in cases involving video surveillance
C) for perimeter searches of residential premises
D) when installing tracking devices to monitor people's movements

Question 33

Robert is an RCMP officer who is dispatched to deal with a very loud party in a residential neighbourhood. When he arrives at the party, an intoxicated male partygoer refuses to answer his questions and shouts at him repeatedly. The man refuses to identify himself or provide Robert with identification. Robert uses his Taser to take the man down so that he can arrest him. What type of force is this?

A) considerable officer use of force discretion
B) unconstitutional use of force
C) inappropriate use of the one-plus-one use of force standard
D) appropriate use of the one-plus-one use of force standard

Question 34

James is a police officer who has committed a crime without a valid job-based excuse. Which of the following accountability mechanisms is most appropriate given this violation?

A) special ad hoc accountability
B) direct public accountability
C) political accountability
D) legal accountability

Question 35

Lila is a police officer who has recently had a citizen complaint lodged against her. Which of the following accountability mechanisms is most appropriate given these circumstances?

A) administrative accountability
B) legal accountability
C) political accountability
D) direct public accountability

Question 36

Peter is a police officer who is responding to a disconnected 911 call. When he reaches the source of the call, he hears a couple fighting and what sounds like items being thrown around inside the residence. After knocking without an answer, he forces entry into the house. This is an example of what type of search?

A) an illegal warrantless search
B) a legal warrantless search
C) an illegal warranted search
D) a legal warranted search

Question 37

Who are search warrants generally issued by?

A) a Superior Court Judge
B) an acting Police Sergeant
C) an acting Chief of Police
D) a Justice of the Peace

Question 38

What is the term for a situation where a person ends up committing an offence he or she would not otherwise have committed, largely as a result of pressure or cunning on the part of the police?

A) detainment
B) entrapment
C) a "Mr. Big" scenario
D) deception

Question 39

Which of the following is NOT identified in the text as a potential benefit of using entrapment?

A) Entrapment can help prevent "victimless" offences.
B) Entrapment can be cost-effective.
C) Entrapment can decrease time spent investigating cases.
D) Entrapment can be resource-efficient in terms of police personnel.

Question 40

Chloe is dispatched to a residence for a reported domestic disturbance. When she arrives at the scene, it is clear that the suspect has assaulted his common-law wife. The wife is not interested in pressing charges against her husband, but Chloe arrests the husband anyway. Which type of practice is this?

A) a typification
B) a specified recipe for action
C) police discretion
D) a zero tolerance policy

Question 41

While posing as a crime boss, undercover police officer Morgan convinces a suspect to admit to committing first-degree murder. Which type of tactic is this?

A) entrapment
B) a Mr. Big operation
C) trickery
D) identity posing

Question 42

Daniel is a police officer who caught an individual in the act of vandalizing a building. He arrests the individual right away. What type of arrest is this?

A) a legal warrantless arrest
B) an illegal warrantless arrest
C) a legal warranted arrest
D) an illegal warranted arrest

Question 43

Kate is a police officer who strongly believes that a suspect recently committed a break-and-enter. She arrests the suspect right away. Which type of arrest is this?

A) a legal warranted arrest
B) an illegal warranted arrest
C) a legal warrantless arrest
D) an illegal warrantless arrest

Question 44

Felicia is an RCMP officer who responds to a reported domestic assault. When she arrives at the scene, the suspect is threatening her boyfriend with physical violence and will not calm down. Felicia is concerned that if she leaves the scene the suspect will commit a physical assault, and she arrests the woman to ensure that this does not happen. Which type of arrest is this?

A) preventive arrest
B) arrest without reasonable suspicion
C) arrest without reasonable grounds
D) arrest that is necessary in the public interest

Question 45

Samuel is a police officer who strongly believes that a suspect is about to commit murder. He arrests the suspect right away. Which type of arrest is this?

A) a legal warrantless arrest
B) an illegal warrantless arrest
C) a legal warranted arrest
D) an illegal warranted arrest

Question 46

Define and explain the power of preventive arrest. Which Act establishes this power? How does this power differ from the traditional power of arrest?

Question 47

Under what conditions/circumstances may a police officer arrest a suspect without an arrest warrant?

Question 48

What are the principles for the police use of force set out in the Criminal Code?

Question 49

Discuss the issues that have surrounded the use of Tasers by police officers and the new policies for use that have been put in place in British Columbia as a consequence of high-profile incidents that resulted in death.

Question 50

The decisions of judges in Charter cases have expanded the powers of the police in some areas and restricted the powers of the police in others. Discuss, using examples.

Question 51

In what ways may zero tolerance policies, such as mandatory charging in cases of alleged spousal assault, have unintended consequences?

Question 52

Define the concepts of "typifications" and "recipes for action" and then note the role that they play in police decision making.

Question 53

Define the term search warrant. According to the Supreme Court of Canada, under what circumstances are such warrants required?

Question 54

What are the strengths and weaknesses of using entrapment as an investigative technique?

Question 55

Briefly summarize the situation of the "Starlight Tours" in Saskatoon.

Question 56

Define entrapment and provide an example.

Question 57

Identify and discuss the five distinct force options available to police officers.

Question 58

In considering police powers in Canada, do you feel that the police have too much power or not enough power to carry out their role? Do you feel that the Charter of Rights and Freedoms provides sufficient safeguards against police abuse of power?

Question 59

Review the decision of the Supreme Court of Canada in R v. Mann, presented in Box 5.2. Then consider the questions posed in "What do you think?" (p. 98).

Question 60

Consider "The Case of the Reluctant Drug Trafficker" presented in Box 5.6. Do you agree, or disagree, with the decision of the Supreme Court? (p. 102)

Question 61

Typifications and recipes for action are two techniques used by police officers to assess situations and take action (p. 110). Some observers equate this conceptual shorthand with racial profiling-that police make decisions based on stereotypes that may result in discriminatory treatment of certain persons. Discuss this issue.

Question 62

Consider the case presented in Box 5.8 of the textbook (p. 107). Do you think the use of deadly force was justified in this situation? Why or why not? Use examples to support your assertions.

Question 63

Consider the case of racial profiling presented in Box 5.10 (p. 114). From the information provided, assess the decision of the court in the Rowle Maynard case. Do you agree with the decisions of the Ontario Human Rights Commission? Why or why not?

Question 64

Discuss the practice of "Starlight Tours" as presented in Box 5.11 (pp. 114-115). What suggestions do you have for ensuring that this type of practice specifically, and, more generally, that of racial profiling, does not occur in a police department?

Question 65

Consider the case in Box 5.4 (p. 100) of the textbook. What do you think about the police actions in this case? Do you agree with the finding of the Supreme Court of Canada? Why or why not?

Question 66

Consider the use of Tasers as a less-lethal force option available to the police. Discuss the research evidence surrounding Taser use and categorize Taser use as either "less-lethal" or "lethal" based on this research evidence (pp. 104-107).

Question 67

Consider the decision of the Supreme Court of Canada in R. v. Feeney, presented in Box 5.3 (p. 99). Discuss the implications of this decision with respect to police powers and searches. Do you agree or disagree with this decision?