CH. 7INVESTIGATION

ANDARREST

LEVELS OF POLICE INCANADA

PROVINCIAL POLICEEx. OPP & Surete du Quebec

ABORIGINAL POLICEUsed in conjunction with other forces to preserve culture.

FEDERAL POLICERCMP – all provinces except

Ont., Que., & Nfld.

MUNICIPAL POLICEEx. Gang Crime Unit, Robbery Squad, Homocide,

Most expensive component of criminal justice; $10 billion / yr.

RCMP DIVISIONS

RCMP PERCEPTIONS

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STARTING A POLICE INVESTIGATION

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3. OFFICERS ROLE AT A SCENE Four types of officers:

A. Police Officer (“Beat” – area he checks regularily) - usually 1st on scene. Secure => Protect (Yellow Tape)

=>interview/arrestB. Scene Of Crime Officer – Evidence collection (photos, prints, tires, blood)

- tend to be less serious offences (B & E, thefts)C. Criminal Identification Officer - More serious evidence (DNA, labwork)D. Criminal Investigations Bureau Officer – plainclothes detective.

Specialized (homicide, robbery, sex offences) Training = interviews etc.

2. PROTECT & PRESERVE THE SCENE Establish the boundaries: a. The Center – Where the act took place.

b. The Perimeter- Surrounding area; evidence?? Ensure no evidence is contaminated. Admissible??? Police Log – A written record of everything witnessed; testify in court

1. ARRIVING AT THE CRIME SCENEThree Tasks: a. Assist the injured / Ambulance

b. Call assistance to eliminate any further harm (Ex. Bombs)c. Search scene => assume suspects are present & armed.

place.

IDENTIFYING & COLLECTING EVIDENCE

FORENSIC SCIENCE – Science used to analyze the evidence

IMPORTANCE – The crown must prove the accused was at the scene.

Specialties

Identification Services

Trace Evidence / Explosives

Toxicology

Firearms

Anti-counterfeiting (Documents)

Six Delivery

Sites

Vancouver

Edmonton

Regina

Winnipeg

Ottawa

Halifax

DNA analysis took 101 days to complete at the end of 1999 (Vancouver and Ottawa labs

averaged 171 days)

The RCMP had developed a two-tier priority system with turnaround targets of 15 days for urgent requests and 30 days for routine ones

TOOLS – Used in theCommission of a crime.

SHOE/TIRE PRINTS

DNACAUTION – Not the be-all-end-all

PHYSICAL EVIDENCE Tangibles used to prove facts relating to the case.

Most important type of evidence; greater than witness testimony

GLOVESNot Fool-proof

FINGERPRINTSLATENT F-

PRINTSINVISIBLE TO

EYE

FUMING

Height, weight, direction, vehicle

etc.

IMPRESSIONS

Physical Evidence - Forensic Science

Firearms Serial number restoration Range determination Ballistics identification

Rifling marks on bulletFiring pin impressions and ejection markings on casing

Serial number restoration

Identification Finger print patterns Fingerprint ridge characteristics

Physical Evidence - Forensic ScienceThe Arch The Tented Arch The Loop The Whorl

The Central Pocket Whorl

The Accidental Whorl

Fingerprint Time1. Wipe your window clean2. Choose one person to leave ten

identical prints3. Everyone in the group will make an

ink print on the same card and label it A, B, C, etc. (on the back of the card, record the exhibit number of the person completing step 2)

4. Each group member will lift a print and analyze it.

LABELLING EVIDENCE

Chain of custody must not be broken. It must show:

1. Who had contact with evidence.2. Date & times handled.3. Circumstances handled.4. Any changes made to evidence.

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EVIDENCE PACKAGE1. Description of item.2. Police case number3. Date.4. Location.5. Brand Names (if possible)6. Serial #s7. Name & Badge of police officer.8. Destination info.x

Process Cost $Pre-trial prison costs 800 thousandTrial support and operations 6.6 millionVictim Services 2.5 millionRCMP Investigation (BC cost)

70 million

RCMP Investigation (Fed cost)

30 million

Defence 12 millionCrown Attorney 9 millionOther 1 millionTotal 132 million (approx.)

Pickton Investigation and Trial

ARREST & DETENTION

"I am arresting you for (charge). It is my duty to inform you that you have the right to retain and instruct counsel without delay. You may call any lawyer you want. There is a 24-hour telephone service available which provides a legal aid duty lawyer who can give you legal advice in private. This advice is given without charge and the lawyer can explain the legal aid plan to you. If you wish to contact a legal aid duty lawyer, I can provide you with a telephone number. Do you understand? Do you want to call a lawyer? You are not obliged to say anything, but anything you do say may be given in evidence."

QUESTIONING THE ACCUSED Sec. 7 of Charter “right to remain silent.”

Note – Young people = Youth Criminal Justice Act

ARREST & DETENTION PROCEDURES

DETENTION - taking away ones liberty for the purpose of asking

questions; with or without physical restraint.

- must inform of reasons detained & right to counsel.

Police will start criminal cases by either arresting or detaining the suspect. ARREST – taking away ones liberty by taking him/her into

custody. Must have reasonable grounds. Four steps of a lawful arrest:

1. Identify as a police officer.2. Inform suspect he/she is under arrest3. Inform accused of charge

(& warrant if obtained)4. Touch the accused = legal custody.

Once in custody => rights to counsel. What if something is missed?????

QUESTIONING THE ACCUSED

THE FOUR-STAGE APPROACH1. The entire incident2. The period before the offence3. Actual details of the offence4. The period following the offence

Questioning your peers

THREE METHODS OF ARRESTARREST

WITHOUT WARRANT

Three grounds for arrest without a warrant:

1. reason to believe accused committed or is about to commit an indictable offence.

2. In the act of committing a criminal offence.

3. Find a person with an arrest warrant

ARREST WITH WARRANT

Summons is produced for Indictable offences & orders accused to appear in court.

Delivered by sheriff.

Failure to appear = bench warrant.

Arrest warrant is produced for accused who are dangerous or flight risks.

Information – statement under oath giving details of crime. Used to get arrest warrants.

APPERANCE NOTICE

A legal document for less serious offences forcing the accused to court.

If fails to appear = bench a warrant. Now = two charges; the original and failure to appear. (likely to stay in jail???)

CITIZEN’S ARRESTSection 494 of the Criminal Code of Canada

Arrest without warrant by any person(1) Any one may arrest without warrant (a) a person whom he finds committing an indictable offence; or (b) a person who, on reasonable grounds, he believes (i) has committed a criminal offence, and (ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person. Arrest by owner, etc., of property (2) Any one who is (a) the owner or a person in lawful possession of property, or (b) a person authorized by the owner or by a person in lawful possession of property, may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property. Delivery to peace officer (3) Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.

Shoplifting – Most common form.

R. v. Asante-Mensah – p. 216

SEARCHESSEARCHING A PERSONThe police do not need a warrant to search a person they have just arrested.CONDITIONSA. Arrest must be lawful.B. Search = connected to

arrest.C. Must be reasonable.

Evidence samples may be taken for serious cases and DUI charges.

“Pat-downs “at scene & strip search @ the station.

xxGoal is to balance the right to privacy with the

fundamentals of justice.

R. v. Mann – p. 205R. v. Buhay – p. 207

SEARCHES

SEARCHING A PLACEResidences, offices, homes, & lockers (bus / not school) need a search warrant.

Search warrants = specific location, properly completed, a sworn information (with all specifics).

Conducting a Search – must follow “specifics,” id themselves, present warrant, can seize all items in warrant & anything in plain view related to case.

Telewarrant – warrant over phone.

Evidence – trial items kept in police custody (anything else return is 3 mo.s).Police can enter home without warrant if : 1. injury or death possible 2. destruction of evidenceControlled Drugs & Substance ActAllows for searches anywhere but home without a warrant.Police can search vehicles for illegal alcohol or suspect crime. Homes need a warrant.

Goal is to balance the right to privacy with the fundamentals of justice.

R. v. Patrick – p. 216R. v. Golden – p. 217

ONCE ARRESTED

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LINE-UPSRarely used.

If accused agrees.

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If acquitted info usually kept for 10

yrs.

PRETRIAL RELEASE

RECOGNIZANCEA guarantee the accused will show in court. Can be fined up to $500 and may involve a surety ( a person who agrees to pay if a no-show)

BAILThe temporary release of an

accused who posts $ for security.

Bail hearing within 24 hrs.

Show-cause Hearing – Crown or accused convinces judge of yes or no to bail. Cause = flight, risk, or just cause.

Reverse Onus – Usually crown has to prove cause. Exceptions – Murder, Indictable

while on bail, breach of bail conditions, serious drug

charges,serious gun charges.

Habeu Corpus – May be used as a defence to no bail. Success Rates??

PROMISE TO APPEARAccused signs document stating he will appear at

trial. Bench warrant if = no-show.

Arrest & not

released by

police with

Promise to

Appear

First Appearance in Court

(arraignment – read charges

and enter plea)

Released while

awaiting trial OR release denied

Disclosure of

evidence

Plea negotiationOR

wait for trial

GG

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GG

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GG

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