2 Levels of police incanada FEDERAL POLICERCMP – all provinces exceptOnt., Que., & Nfld.PROVINCIAL POLICEEx. OPP & Surete du QuebecLevels of police incanadaMost expensive component of criminal justice; $10 billion / yr.MUNICIPAL POLICEEx. Gang Crime Unit, Robbery Squad, Homocide,ABORIGINAL POLICEUsed in conjunction with other forces to preserve culture.
4 Starting a police investigation ARRIVING AT THE CRIME SCENEThree Tasks: a. Assist the injured / Ambulanceb. Call assistance to eliminate any further harm (Ex. Bombs)c. Search scene => assume suspects are present & armed.PROTECT & PRESERVE THE SCENEEstablish 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 courtplace.3. OFFICERS ROLE AT A SCENEFour 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.xx
5 Identifying & collecting evidence IMPORTANCE – The crown must prove the accused was at the scene.FORENSIC SCIENCE – Science used to analyze the evidence
7 Vancouver Regina Winnipeg Ottawa Six Delivery SitesVancouverEdmontonReginaWinnipegOttawaHalifaxDNA analysis took 101 days to complete at the end of 1999 (Vancouver and Ottawa labs averaged 171 days)The RCMP had developed a two-tierpriority system with turnaround targetsof 15 days for urgent requests and 30 days for routine ones
8 Pickton Investigation and Trial ProcessCost $Pre-trial prison costs800 thousandTrial support and operations6.6 millionVictim Services2.5 millionRCMP Investigation (BC cost)70 millionRCMP Investigation (Fed cost)30 millionDefence12 millionCrown Attorney9 millionOther1 millionTotal132 million (approx.)
9 Height, weight, direction, vehicle etc. TOOLS – Used in theCommission of a crime.IMPRESSIONSFINGERPRINTSLATENT F-PRINTSINVISIBLE TO EYEFUMINGPHYSICAL EVIDENCETangibles used to prove facts relating to the case.Most important type of evidence; greater than witness testimonyDNACAUTION – Not the be-all-end-allSHOE/TIRE PRINTSGLOVESNot Fool-proofHeight, weight, direction, vehicle etc.x
10 Physical Evidence - Forensic Science FirearmsSerial number restorationRange determinationBallistics identificationRifling marks on bulletFiring pin impressions and ejection markings on casing
18 Fingerprint Time Wipe your window clean Choose one person to leave ten identical printsEveryone 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 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.xx
20 QUESTIONING THE ACCUSED Arrest & detentionQUESTIONING THE ACCUSEDSec. 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 intocustody. 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?????DETENTION - taking away ones liberty for the purpose of askingquestions; with or without physical restraint.- must inform of reasons detained & right to counsel.
22 Three methods of arrest APPERANCE NOTICEA legal document for less serious offences forcing the accused to court.If fails to appear = bench a warrant.Now = two charges;the original andfailure to appear.(likely to stay in jail???)ARREST WITH WARRANTSummons is produced forIndictable 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 WARRANTThree 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 CanadaArrest 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 lawfulauthority 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 ofproperty, may arrest without warrant a person whom he findscommitting 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 warrantshall forthwith deliver the person to a peace officer.R. v. Asante-Mensah – p. 216
24 searches SEARCHING A PERSON xxGoal is to balance the right to privacy with the fundamentals of justice.SEARCHING A PERSONThe police do not need a warrant to search a person they have just arrested.CONDITIONSArrest 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. 205R. v. Buhay – p. 207
25 searches SEARCHING A PLACE Goal is to balance the right to privacy with the fundamentals of justice.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 possible2. 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.R. v. Patrick – p. 216R. v. Golden – p. 217
26 If acquitted info usually kept for 10 yrs. Once arrestedIf acquitted info usually kept for 10 yrs.LINE-UPSRarely used.If accused agrees.xxx
27 The temporary release of an accused who posts $ for security. Pretrial releasePROMISE TO APPEARAccused signs document stating he will appear at trial. Bench warrant if = 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, Indictablewhile 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??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)
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 deniedDisclosure of evidencePlea negotiationOR wait for trial