Chapter 7 Investigation and Arrest – Bringing the Accused to Trial

Introduction Canada’s law tries to protect Canadian society by trying to balance the investigation and arrest rights of the police with individual rights guaranteed in the Canadian Charter of Rights and Freedoms Individual Rights Police Responsibility Investigate Arrest

Part 1 Policing

$10 billion annually (2007) police officers Levels of Policing Federal Provincial / territorial Municipal Aboriginal (since the 1970’s)

Federal Police RCMP (1873) “Mounties” Investigative and protective services to the federal government Serve as provincial police in all provinces and territories except Ontario, Quebec and NFL Serve as municipal police in some communities

RCMP - Responsibilities 1. Border Integrity Customs, passports, marine and ports… 2. Drugs and Organized Crime Enforcement branches and awareness services 3. International Policing INTERPOL Ottawa, International Affairs and Policy Development 4. Financial Crime Commercial Crime Branch,

Provincial Police Jurisdiction: Rural areas / unincorporated regions around cities OPP Surete du Quebec Royal Newfoundland Constabulary

Provincial Police Responsibilities Responding to municipal police requests for assistance in emergencies Traffic control (400-series and major highways) Investigative services, on request of the coroner’s office Other duties: Firearms registry, Queen’s Park / provincial government security

Municipal Police Jurisdiction over policing in towns and cities Funded by the municipality Police force divided into divisions / squads Gang Crime Unit Robbery Squad Homicide Squad Explosives Disposal Unit

Municipal Police Responsibilities Preserving the peace Preventing crimes from taking place Assisting victims of crime Apprehending criminals Laying charges and participating in prosecutions Executing warrants Enforcing municipal bylaws

Aboriginal Policing Administered by the Dept. of the Solicitor General Partnership between federal, provincial/territorial governments and Aboriginal peoples to develop police services for Aboriginal communities Provide services that are professional and in touch with the culture and needs of the community 1 st - Dakota Ojibway Police Service, Manitoba (1977)

Part 2 Starting a Police Investigation

The Crime Scene Location where the crime takes place Arriving officers 3 tasks: 1. Call ambulance / assist injured people 2. Call reinforcement to help eliminate any hazards – pose risk 3. Search for suspects (must assume that the suspects are present and armed)

Protecting and Preserving the Crime Scene A prosecutor's success often depends on the condition of the physical evidence taken from the scene of a crime Establish 2 boundaries 1. Centre – where the offence was actually committed 2. Perimeter – surrounding area where the alleged offender my have left evidence

Protecting and Preserving the Crime Scene continued 1. Perimeter: allows a thorough search of the scene (seize and collect physical evidence that is admissible in court) 2. Contamination – loss, destruction, or alteration of physical evidence 3. Police log – written record of what an officer has witnessed or learned at a crime scene Written records, photographs……

Officers’ Role at a Crime Scene (4 types) 1. “Patrol Officer” An area / “beat” they check regularly Usually 1 st at a crime scene Secure the crime scene and ensure no evidence is lost (wrap yellow tape) Conduct initial interviews of witnesses Arrest suspect if they come upon a crime in progress

Officers’ Role at a Crime Scene (4 types) 2. “Scenes of crime Officer” Trained in evidence collection and preservation techniques (photography, lifting fingerprints, and foot and tire prints, blood and hair samples) Less serious crimes (B&E)

Officers’ Role at a Crime Scene (4 types) 3. “Criminal identification Officer” Searching the crime scene Gathering physical evidence and sending it to a laboratory for evidence More serious crimes

Officers’ Role at a Crime Scene (4 types) 4. “Criminal identification bureau Officer” Plainclothes detective Experienced in a particular area of crime Supervise the investigation Interview victims and witnesses Interrogate suspects Draw conclusions from physical evidence Arrest suspects

Identifying and Collecting Physical Evidence Physical Evidence Any object, impression, or element that can be used to prove or disprove facts relating to an offence Can carry greater weight in court than witness statements Forensic science Use of biochemical and other scientific techniques to analyze evidence in a criminal investigation Laboratories Give expert testimony at trials and inquests Pathologist - autopsy

Evidence continued Impressions Class characteristics Individual characteristics Fingerprints Visible Latent Glove prints Gloves DNA