The Plan… 23 Oct 2013

Review BYU Questions from Monday… Pg 183 #2, 3, 5, 6, 8, &10

Start Chapter 8 Investigation and Arrest

Levels of Police in Canada Starting a Police Investigation

8.1 – LEVELS OF POLICE8.2 – CRIMINAL INVESTIGATIONS8.3 – ARREST & DETENTION

Levels of Police in Canada

Federal Police RCMP Formed in 1873 as NWMP

Aka “The Mounties” Federal Police Force as well as Provincial/Municipal Level

Provide investigative services to federal government Nationwide they are the law, but there are

exceptions Ontario (OPP) & Quebec (QPP) have there own Provincial

police forces Aboriginal Police Forces

Responsible for public order on First Nations in Canada i.e.

Stl’atl’imx Tribal Police Service - Lillooet, British Columbia Stl’atl’imx Tribal Police Service - Mt. Currie, British Columbia

Federal Responsibilities RCMP Customs & Exercise Investigate international smuggling Enforce Customs Act in remote locations

of Canada Investigate violations to the Excise Act

Excise Duties are taxes collected on goods produced in Canada, i.e. Cigarettes & Alcohol

Federal Responsibilities RCMP II Drug Enfourcement

Enforce laws identified in Controlled Drugs & Substances Act

Branch of 1000 RCMP who give high priority to cases involving international & interprovincial drug smuggling

Economic Crime Focus on commercial fraud, organized crime,

technological crime, and securities fraud. Also work with Bank of Canada in regards to

counterfeit activity

Federal Responsibilities RCMP III Federal Policing

Enforce 286 federal laws and 17 regulations that cover areas such as hazardous waste transportation, environmental law, explosives, vehicle odometer tampering, student loans, and other public safety and consumer protection issues

Immigration Gather information on smuggling aliens into

Canada and counterfeiting passports and visas Works with Immigration Canada to help screen out

immigration applicants who are members of criminal organizations or war criminals/terrorists

Federal Responsibilities RCMP IV Proceeds of Crime

Deals with the identification and confiscation of money or property that has been acquired through proceeds of crime i.e. Hells Angels/Drug dealers & their “stuff”

Criminal Intellegence Specialize in gathering intelligence, or information of

organized crime & terrorist groups International Liaison & Protective Services

Security for federal officials and visiting heads of state Also work alongside foreign agencies

i.e. Interpol (International Criminal Police Organization), FBI, & CIA

“Other” Police in Canada

Jurisdiction in rural areas and in unincorporated regions around cities that do not have RCMP Regional Districts in BC

= RCMP OPP is the largest

example of this in Canada

Jurisdiction over policing in towns and cities throughout Canada Funded by

municipality Local example:

Nelson, BC

Provincial Police Municipal Police

“Other” Police in Canada II

Aboriginal Police Administered by Department of Solicitor

General Partnership among federal &

provincial/territorial governments and Aboriginal peoples

Each First Nation can enter into an agreement with federal government to have their own Aboriginal Police or work in conjunction with existing forces

8.2 – CRIMINAL INVESTIGATIONS

Starting a Police Investigation What happens?

What roles do different officers play?

What are the preliminary steps that they have to take in the investigation?

Investigation & Arrest – BIG PICTURE

CRIME

• Police are notified• 911

POLICE

investigate

• ensure public safety• protect & preserve crime scene• collect & identify evidence

POLICE

arrest

• arrest at scene OR• arrest with warrant

ACCUSED

• promise to appear• recognizance• bail

Starting a Police Investigation Police arrive at the crime scene

help injured people call for backup search scene – ensure public safety

protect & preserve crime scene center of crime scene = area where

crime actually took place perimeter of crime scene = area around

the ‘center’ – where offender may have been and may have left evidence

Starting a Police Investigation II

contamination = when physical evidence is lost, destroyed, or altered (bad)

Police log = written record of what officers have witnessed

officers’ roles at crime scene patrol officer = first to arrive – secure crime scene scenes of crime officer = experts in collecting

evidence (fingerprints, photographs, etc.) – less serious crimes

criminal identification officer = experts in collecting & analyzing evidence for more serious crimes

criminal investigations bureau officer = specialist – supervises investigations, conducts interviews

That’s all for today…

Your task: Complete worksheet Questions 1-7

BYU P 195 Questions 1, 2, 4, & 5 only…

Questions?

The Plan… 24 Oct 2013

Review homework from last day Worksheet #1-7 BYU P 193 # 1, 2, 4, & 5

Continue on with Criminal Investigations Worksheet completion CSI Video Clip (23 Min)

RETEST CH 6?

8.2 – CRIMINAL INVESTIGATIONS CONT.

Identifying and Collecting Physical Evidence

As we have mentioned, during a trial the Crown must prove beyond a reasonable doubt that the accused was at the crime scene when the offence was committed.

For this reason, the collection, preservation, and analysis of physical evidence is a crucial aspect of police work.

Identifying & Collecting Physical Evidence I

physical evidence …is any object, impression, or body element that can

be used to prove or disprove facts relating to an offence This kind of evidence is especially valuable as it carries

greater weight in court than evidence obtained through witness statements

forensic science …is the use of biochemical and other scientific

techniques to analyze evidence in a criminal investigation Investigating occurs at the crimes scene, however, majority

of work is done in laboratories Determine info dealing with time of death, cause of death

impressions …are patterns or marks found on surfaces and

caused by various objects Collecting occurs in two stages:

Record object by photograph or scanning Police try and match impression from object that made it

i.e. Fingerprints

class characteristics …general attributes of an object

i.e. Tire’s class characteristics (type, make, model, and size); may narrow down a particular type of car by the tire commonly associated with it

individual characteristics …specific and unique features of an object

i.e. Tire example & understanding certain wear patterns associated with type of car

Identifying & Collecting Physical Evidence II

Identifying & Collecting Physical Evidence III

fingerprint …the mark left behind after a fingertip touches an object;

generally there are two types of fingerprint: 1. visible fingerprint

…coated with something – visible to the naked eye i.e. blood, dirt, grease

2. latent fingerprint …formed by natural oils and perspiration – not visible to the

naked eye; must be developed before being able to use Dusted & lifted: dusted with graphite powder that sticks to

ridges of print, then the print is “lifted” with adhesive tape and place on white cardboard

Iodine Fuming: area being investigated is placed under iodine fumes, existing fingerprints absorb iodine and become visible

Laser beam: sweat compounds deposited on the surface absorb the laser, turn yellow, become visible, and can be photographed

Identifying & Collecting Physical Evidence IV

Gloves When criminals wear gloves to conceal their actions, police

use glove impressions to identify a suspect in almost the same way they identify fingerprints

Use impressions class characteristics (pattern and glove spacing of the stitches) and individual characteristics (worn or torn areas) with the gloves of a suspect

Shoe prints & tire tracks Can be matched to the suspect’s shoes or tires to place

suspect at scene of a crime If the police can find four shoe prints – 2 from each foot – they can

determine suspects approx. height and weight, any injures sustained in committing the crime, if the suspect was carrying anything, or if he/she was running

Tire impressions can help determine type of tires, make of the car, and direction that the car was travelling as they entered/left the crime scene.

Identifying & Collecting Physical Evidence V

body elements & DNA DNA testing: used to identify criminals or

free from suspicion Crimes against people often results in the

transfer of bodily fluids of one type or another from suspect to victim

i.e. blood, semen, mucus, sputum (mucus), hair, and skin

Police match samples from suspect to samples found at scene of crime

A suspects DNA ‘print’ can be compared to a DNA profile collected at the crime scene

Identifying & Collecting Physical Evidence VI

procedures for labeling evidence1. Proper labelling ensures that evidence can be

identified at a later date and ensures evidence has not been contaminated or tampered

Includes chain of custody The witnessed, written record of all the people who came in

contact with evidence. Chain must remain unbroken from start of investigation until the time is produced in court.

Includes: who had contact, date and time evidence handled, circumstances under which evidence is handled, and what changes (if any) were made to evidence

Identifying & Collecting Physical Evidence VII

Evidence is collected and tagged at the scene of the crime, it is then placed in an evidence package The following information appears on both the “tag”

and exterior of the package: Brief description of package Police case number Date evidence collected Location of collection Brand name of item, if any Serial number or clothing information Name an badge number of officer who collected Destination of item for analysis of storage

CSI – A Canadian Example…

16x9 : Behind The Yellow Line: Real CSI  http://www.youtube.com/watch?v=jcypaqcK

esU

Your turn…

For homework: Complete the worksheet questions #7-14 BYU

P. 201 # 1, 5, & 6

The Plan… 1 Nov 2013

Arrest & Detention Presentation BYU Questions

Time to get ready for test next week Definitions etc.

Check for missing assignments please…

8.3 – ARREST & DETENTION

Arrest & Detention… intro

Once the police have collected all of the physical evidence that they can, the next step of the Investigation and Arrest process is the questioning of suspects. Depending on the amount of evidence found, the police

may make an arrest either before or after questioning. Certain procedures, as described in the Criminal

Code of Canada, and as enshrined in the Charter of Rights and Freedoms must be followed. If not followed, could cost the Crown their case against

the accused… i.e. Evidence not obtained properly can be considered

admissible

Arrest & Detention I

When questioning the accused, Police are required to ask questions, however the accused is not forced to answer them (right to remain silent…) Once an arrested person had been informed of their

rights, anything said can be used as evidence Young people are given special privileges during this process as

defined in the Youth Criminal Justice Act (ch12) In the search of the truth, police do their best to

develop a trusting relationship with the accused Ask open-ended, non threatening questions

interrogation techniques – 4 stage approach – ask suspect to describe…

…the entire incident …the period before the offence took place …the details of the actual offence …the period following the offence

Done to “elicit” specific answers…

Arrest & Detention II

Arrest & detention procedures, usually begins with the police formally charging someone with a committed crime Arrest

…legally depriving someone of liberty by seizing or touching the person to indicate that he or she is in custody

Police must follow four steps when doing this Identify as a police officer Advise accused that they are under arrest Inform accused of charge, and show arrest warrant if

obtained Touch the accused to indicate that they are in legal

custody

Arrest & Detention III

Once in custody, the police must inform the accused of their right to council

Under special circumstances, certain events/actions will or must unfold: detention

…legally depriving a person of liberty for the purpose of asking questions, with or without physical restraint

reasonable grounds …information that would lead a reasonable person

to conclude that the suspect had committed a criminal offence

…also required when keeping someone in custody beyond questioning

Arrest & Detention III

Police have three methods of apprehending an offender:1. Appearance notice

appearance notice …a legal document, usually issued for less serious

offences, compelling an accused person to appear in court

bench warrant …an arrest warrant issued directly by the Judge

when an accused person fails to appear in court

Arrest & Detention IV

2. Arrest with a warrant Police may ask a Judge to issue a variety of

documents to get someone to show up to court, including: summons

…a legal document issued for an indictable offence, ordering an accused person to appear in court Usually involves someone who has no reason not to appear

in court information

…a statement given under oath, informing the Court of the details of the offence Police statement, justifies if arrest of suspect is needed

arrest warrant …a written court order, directing the arrest of the

suspect Immediate steps followed

Arrest & Detention V

3. Arrest without a warrant There are often three situations where police may

arrest without a warrant, and it not affecting a court case (Section 495 Criminal Code)

1. Have reasonable grounds to suspect a person has committed a crime

2. They find the person in the act3. Find someone who is felt to be guilty of the crime

Section 495 applies to all peace officers; mayors, prison guards, customs agents, aircraft pilots, & fisheries officers

Arrest & Detention VI

Most common form of citizen’s arrests deal with shop lifting i.e. citizen’s arrest

…an arrest without a warrant by someone other than a peace officer

Certain circumstances where a citizen’s arrest is legit A person is committing an indictable offence, or A person, on reasonable grounds believes

Committed a criminal offence and escaped from prison and confronted

Arrest & Detention VIII

Police do not require warrants to perform a search of someone who they just arrested, however, there are steps to follow, When searching a person

Arrest must be lawful Search must be connected to the lawful arrest Manner in which search is carried out

When searching a place Need a search warrant

…a court document that gives the police the right to search a specific location

Officer must provide “sworn” information to judge or justice of the peace giving all the details of why the warrant and search is justified

Once a person is arrested…

Numerous procedures after arrest Photographs & Fingerprints:

Can only photograph/fingerprint the suspected who has been arrested for indictable offence

If police do not charge the person, or they are acquitted, photographs & fingerprints remain on file for 10 years

Lineup: While not obligated to do so, an accused person

may be required to stand in a lineup for victim or witness identification

Done so with advice from a lawyer Usually in a line with similar age/stature individuals

Pretrial Release

Once all of previous steps are undertaken, police can grant pretrial release of the accused, with conditions… promise to appear

…signed agreement that an accused person will appear in court at the time of the trial

Don’t appear = warrant for arrest

recognizance …guarantee that the accused will appear in court when

required, under penalty of a fine of up to $500 surety

…person who agrees to make a payment if the accused does not appear at trial

Pretrial Release III

More serious offenders are usually required to make an application for bail bail

…the temporary release of an accused who posts money or some other security

show-cause hearing …judicial hearing in which the Crown or the accused has to

convince the Judge either to detain or release the accused before trial

Don’t convince, or a flight risk = bail not granted

Denied bail, habeas corpus is last chance… habeas corpus

…court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time

Goes to a higher court, Crown must prove that the Prisoner is not being mistreated etc.

That’s it – end of Chapter 8

Your turn BYU:

P 211 #2, 3, 4, 5 P 213 #1, 3

Review on Monday…

Work on definitions, if not done already Ch 7/8 Test next week – either Tuesday or

Wednesday… If Tuesday: Review time Monday…