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Ch. 7 investigation and arrest

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1 Ch. 7 investigation and arrest

2 Levels of police incanada
FEDERAL POLICE RCMP – all provinces except Ont., Que., & Nfld. PROVINCIAL POLICE Ex. OPP & Surete du Quebec Levels of police incanada Most expensive component of criminal justice; $10 billion / yr. MUNICIPAL POLICE Ex. Gang Crime Unit, Robbery Squad, Homocide, ABORIGINAL POLICE Used in conjunction with other forces to preserve culture.

3 Rcmp divisions RCMP PERCEPTIONS x x x

4 Starting a police investigation
ARRIVING AT THE CRIME SCENE Three Tasks: a. Assist the injured / Ambulance b. Call assistance to eliminate any further harm (Ex. Bombs) c. Search scene => assume suspects are present & armed. 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 place. 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/arrest B. 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. x x

5 Identifying & collecting evidence
IMPORTANCE – The crown must prove the accused was at the scene. FORENSIC SCIENCE – Science used to analyze the evidence

6 Identification Services Anti-counterfeiting (Documents)
Specialties Identification Services Trace Evidence / Explosives Toxicology Firearms Anti-counterfeiting (Documents)

7 Vancouver Regina Winnipeg Ottawa
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

8 Pickton Investigation and Trial
Process Cost $ Pre-trial prison costs 800 thousand Trial support and operations 6.6 million Victim Services 2.5 million RCMP Investigation (BC cost) 70 million RCMP Investigation (Fed cost) 30 million Defence 12 million Crown Attorney 9 million Other 1 million Total 132 million (approx.)

9 Height, weight, direction, vehicle etc.
TOOLS – Used in the Commission of a crime. IMPRESSIONS FINGERPRINTS LATENT F-PRINTS INVISIBLE TO EYE FUMING PHYSICAL EVIDENCE Tangibles used to prove facts relating to the case. Most important type of evidence; greater than witness testimony DNA CAUTION – Not the be-all-end-all SHOE/TIRE PRINTS GLOVES Not Fool-proof Height, weight, direction, vehicle etc. x

10 Physical Evidence - Forensic Science
Firearms Serial number restoration Range determination Ballistics identification Rifling marks on bullet Firing pin impressions and ejection markings on casing

11 Serial number restoration

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15 Identification Finger print patterns Fingerprint ridge characteristics

16 Physical Evidence - Forensic Science
The Arch The Tented Arch The Loop The Whorl The Central Pocket Whorl The Accidental Whorl

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18 Fingerprint Time Wipe your window clean
Choose one person to leave ten identical prints 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) Each group member will lift a print and analyze it.

19 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. EVIDENCE PACKAGE 1. Description of item. 2. Police case number 3. Date. 4. Location. 5. Brand Names (if possible) 6. Serial #s 7. Name & Badge of police officer. 8. Destination info. x x

20 QUESTIONING THE ACCUSED
Arrest & detention QUESTIONING THE ACCUSED Sec. 7 of Charter “right to remain silent.” "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." Note – Young people = Youth Criminal Justice Act

21 Arrest & detention procedures
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 arrest 3. Inform accused of charge (& warrant if obtained) 4. Touch the accused = legal custody. Once in custody => rights to counsel. What if something is missed????? DETENTION - taking away ones liberty for the purpose of asking questions; with or without physical restraint. - must inform of reasons detained & right to counsel.

22 Three methods of arrest
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???) 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. ARREST 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

23 Citizen’s arrest Shoplifting – Most common form.
Section 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. R. v. Asante-Mensah – p. 216

24 searches SEARCHING A PERSON
x x Goal is to balance the right to privacy with the fundamentals of justice. SEARCHING A PERSON The police do not need a warrant to search a person they have just arrested. CONDITIONS Arrest must be lawful. Search = connected to arrest. Must be reasonable. Evidence samples may be taken for serious cases and DUI charges. “Pat-downs “at scene & strip the station. R. v. Mann – p. 205 R. v. Buhay – p. 207

25 searches SEARCHING A PLACE
Goal is to balance the right to privacy with the fundamentals of justice. SEARCHING A PLACE Residences, 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 evidence Controlled Drugs & Substance Act Allows for searches anywhere but home without a warrant. Police can search vehicles for illegal alcohol or suspect crime. Homes need a warrant. R. v. Patrick – p. 216 R. v. Golden – p. 217

26 If acquitted info usually kept for 10 yrs.
Once arrested If acquitted info usually kept for 10 yrs. LINE-UPS Rarely used. If accused agrees. x x x

27 The temporary release of an accused who posts $ for security.
Pretrial release PROMISE TO APPEAR Accused signs document stating he will appear at trial. Bench warrant if = no-show. BAIL The 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?? RECOGNIZANCE A 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)

28 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

29 gg x x x x x

30 gg x x x x x

31 gg x x x x x


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