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The usual definition of the probable cause standard includes “a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person’s belief that certain facts are probably true.” [6] Notably, this definition does not require that the person making the recognition must hold a public office or have public authority, which allows the ...
R v Storrey [1990] 1 S.C.R. 241 is a leading decision of the Supreme Court of Canada on the authority of police officers to make arrests. In addition to an officer's subjective belief that there are reasonable and probable grounds for arrest, the Court stipulated the grounds must be objectively justifiable.
A retaliatory arrest or retaliatory prosecution occurs when law enforcement or prosecutorial actions are initiated in response to an individual’s exercise of their civil rights, such as freedom of speech or assembly. These actions are considered forms of misconduct, as they aim to punish individuals for engaging in constitutionally protected ...
The meaning of seizure is fairly straightforward. In R. v. Dyment (1988), [17] the Supreme Court defined it simply as the "taking of a thing from a person by a public authority without that person's consent." This meaning has been narrowed to cover property taken in furtherance of administration or criminal investigation (Quebec (Attorney ...
The Court found section 10(a) was not infringed. Section 10(a) is meant to ensure those arrested or detained are aware of the gravity of the situation. Latimer argued that since the police did not call the detention an arrest, he was not fully aware of the severity of the trouble he was in.
In common law jurisdictions, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. At such a hearing, the defendant may be assisted by a lawyer.
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Sopinka first considered the leading case of R. v. Landry [1986] on warrantless arrests in a dwelling, which held that a police officer could only arrest if there are "reasonable and probable grounds" to believe that the person is on the premises, the proper announcement is made before entering, and that the officer reasonably believes that the ...