1. Investigation and Arrest
CLU3M

2. INTRODUCTION Mr Bean – Gets arrested for theft

3. Part 1
The Arrest

4. Introduction
Procedures for dealing with suspects are codified in the Criminal Code which has been developed through case law and enshrined in the Charter of Rights and Freedoms

5. Arrest Must determine that an offense has been committed
Must have reasonable grounds to believe that the suspect committed the offense
3 Choices
1. Issue an
Appearance Notice
Arrest the
suspect
Obtain a warrant
for arrest

6. 1. Appearance Notice
Summary, hybrid and less serious indictable offences
Names the offense the accused has been charged with
Time and place of court appearance
Accused must sign the document and receive a copy
Officer will swear and information before a judge or justice of the peace
States that the officer believes on reasonable grounds that the person named in the appearance notice committed the offence

7. 2. Arresting the Suspect More serious indictable offences
Suspect is arrested and taken into custody
Arresting officer must
Identify themselves
Advise the accused that he or she is under arrest
Inform the accused of the right to a lawyer (section 10(b) of the Charter)
Inform the accused of the charges (section 10(a) of the Charter “everyone has the right on arrest or detention to be informed promptly of the reasons therefore.”
Purpose of arrest
Lay charges
Preserve evidence
Prevent the accused form committing further offences

8. Arresting without a warrant
Section 495 of Criminal Code - Any officer can arrest without a warrant if there is
reasonable grounds to suspect a person has either committed an indictable offence or is about to commit one
They find a person in the act of committing criminal offense
They find a person whom they believe is named on an arrest warrant
Section 495 applies to all “peace officers” (mayors, prison guards, customs officers, aircraft pilots, and fisheries officers

9. Citizen’s arrest Shoplifting most common
Suspect is arrested by a store detective or salesperson
Immediately after a citizen’s arrest the suspect must be turned over to a peace officer
Conditions for Citizen’s arrest – Section 494 CC

10. When can you arrest someone? When you have RPG and…..
If you are an ordinary joe.....if……
You find someone committing an indictable offence OR
You see someone running from the cops
If you are on your property, anyone committing a criminal offence in relation to that property
If you are a cop…
If you find someone committing a criminal offence
If you see someone who HAS committed a c.o. or believe someone has committed or is about to commit an offence

11. Can you arrest? You find Joey strangling Angelo? Joey slaps Angelo?
Joey catches Angelo breaking windows at his house?
Joey sees Angelo stealing an item from La Senza.
Joey sees Angelo running from the police after stealing the thing from La Senza.
Joey is a mall cop. He sees Angelo steal earrings from Claire’s.

12. The Arrest
Notice on arrest: I am arresting ________ for ________(reason for the arrest)
Right to council: It is my duty to inform you that you have the right to retain and instruct legal counsel without delay……Do you understand?
Caution to the charged person: You (are charged, will be charged) with ________. Do you wish to say anything in answer to the charge? You are not obligated to say anything unless you wish to do so, but whatever you say may be given in evidence….

13. Resisting arrest
Police can use as much force as is necessary to prevent an escape
Police are criminally liable for the use of unnecessary force
Maybe be necessary to use force causing bodily harm or death if it protects others from death of bodily harm
1994 – Parliament passed a law giving police the power to use deadly force – in the following situations:
The behaviour of a suspect might cause serious harm or death to others
The suspect flees to escape arrest
There is no alternative means to prevent escape

14. Advanced Taser Thomas A. Swift’s Electric Rifle
CBC archives – Robert Dziekanski

15. 3. Obtaining a warrant for an arrest
Police ask judge to issue a summons (legal document issued for an indictable offence, ordering an accused to appear in court)
When police believe suspect will appear in court voluntarily
Delivered by a sheriff or deputy
Suspect directed to police station for finger printing
Failure to appear results in the issuing of a bench warrant (arrest warrant issued directly by a judge)

16. 3. Obtaining a warrant for an arrest continued
When police have reasonable grounds to believe the accused of a serious indictable offense will not appear in court willingly
Obtain an arrest warrant
Provide a sworn information (statement given under oath, informing the Court of the details of the arrest)
Judge / Justice of the Peace decide if it is in the public interest to issue a warrant for the person’s arrest
Arrest Warrant a written court order, directing the arrest of the suspect
Includes name of accused, the offence charged with, reason for the warrant

17. Citizen’s / Police Rights
Part 2
Citizen’s / Police Rights

18. Citizen’s Rights Sections 7-11 of Charter (arrest and detention)
Open to interpretation
Assumptions drawn during questioning
Rights on Being Detained:
Detained when stopped and questioned by an officer
Right not to answer questions unless in specific situations
Detention should lead quickly to arrest – otherwise the person should be set free
Citizens illegally detained can sue police for false arrest or detention

19. Citizen’s Rights Rights on Being Arrested:
To be informed of the reason for the arrest
To a lawyer without delay, availability of a duty counsel
Legal aid
habeas corpus
Must truly understand your rights when read to you
Sober up
translators

20. Has the person’s RTC rights been observed?
A cop says “Hey, Ben, come here.”
A cop cautions Ben – “you are being arrested for killing William. Do you wish to say anything in answer to the charge? You are not obligated to say anything unless you wish to do so, but whatever you say may be given in evidence….” Ben says, “I don’t need a lawyer, I did it! I killed him! He kept calling me Benji! I couldn’t stand it anymore!”

21. Ben gets taken to the station. He’s given his phone call
Ben gets taken to the station. He’s given his phone call. He calls his mom. Then his Uncle John in England. Then his Auntie Kim in BC. Then he orders a pizza. Can the cops question him?
Ben is loaded. Just plain Hammered. The police stop his car and ask him to blow into a breathalyser. Can he wait for a lawyer? Can he refuse?
Cont’d.

22. Cont’d
Ben is brought into the jail after his rights have been read and he has been cautioned. He says he doesn’t want to talk to the police. They put him in a cell. He says, “Muuaaaahaaahaaahaaa! I killed Diego! Now I’ll win the Law award!!!” Can the evidence be used against him?

23. Cont’d
Ben is in the police station. He says he doesn’t want to talk to the cops. He then sees his lawyer and gets advice.
Can the cops question him?
Does he have to answer?
Suppose Ben says nothing. Then the cops question him for 47 hours straight. They deny him food and water. They shine bright lights in his eyes to keep him awake. Can they do this?
What if they tell him that an accomplice has made a deal and that he’d better talk to save himself?

24. Police Rights Search the accused upon arrest
Take away the possessions of the accused
Take the accused to the police station
Perform a more detailed search
Section of Criminal Code
Allows police, with a warrant to get DNA samples

25. Search

26. Which is more intrusive?
somebody coming into your home
your place of work
Search at the airport
searching your computer
searching your cell phone
strip search
Search at the mall
your locker
your back pack.
Let’s vote on it and order them on the board.

27. Is this a search? I look in your bag? I get you to empty your pockets?
I listen in on your telephone conversations?
I take your blood?
I videotape you?
I get you to do a roadside sobriety test?

28. Searches
A careful balance between the individual’s right to privacy with the state’s need to conduct a thorough investigation
Search rules established in both statute and common law
Most cases require a warrant (some exceptions)
S.8 of the Charter protect people in Canada from unreasonable search and seizure
Strip-search
Performed by officers of the same sex
Performed at the police station
With sufficient reason
CBC New article “SIU probes Ottawa police strip search”

29. Searches Continued Obtaining a Search Warrant Using a Search Warrant
Officer swears before a judge, who issues the warrant if testimony is accepted
To ensure section 8 of the Charter “secure against unreasonable search or seizure”
Using a Search Warrant
Only on the day of indicated
Only specific items identified
Need a warrant to use electronic surveillance equipment – exception (suspected terrorists)

30. INFORMATION TO OBTAIN A SEARCH WARRANT
Canada,
Province of ,
(territorial division).
This is the information of A.B., of in the said (territorial division), (occupation), hereinafter called the informant, taken before me.
The informant says that (describe things to be searched for and offence in respect of which search is to be made), and that he believes on reasonable grounds that the said things, or some part of them, are in the (dwelling-house, etc.) of C.D., of , in the said (territorial division). (Here add the grounds of belief, whatever they may be.)
Wherefore the informant prays that a search warrant may be granted to search the said (dwelling-house, etc.) for the said things.
Sworn before me this day of , A.D , at A Justice of the Peace in and for
(Signature of Informant)

31. Question.
Can they seize things other than those outlined in the warrant?
Yes, but they cannot search for them. If they happen to find something else, however, they can seize it as evidence.

32. When do they NOT need a warrant?
The police need a warrant (judicial permission) to search you unless….
1. it’s an emergency
2. you’re under arrest (only you, and the arrest has to be lawful)
3. you consent
4. plain view (it’s out in the open)
5. Controlled Drugs and Substances Act – police may search w/o warrant any place that is not a residence. They can search anyone found inside the place.
6. Provincial Liquor laws – can search a car for illegal liquor w/o warrant

33. Righteous Search? Do I Need A Warrant?
I arrest Tina, and search her purse. I find weed and a gun.
I stop Beatrice in her car. There’s a big bag of cocaine on the passenger seat?
I am chasing Shreya after she just shot Maia. I chase her to Dewa’s house. Shreya runs through the house? Can I follow?

34. Cont’d
Dewa has a huge drug lab in her house. Can I use evidence obtained as I chased Shreya through her house?
I get a call from someone saying there is a bomb in Josephine’s house. Can I go in the house? What if I find a drug lab. there?

35. Questioning the Accused
Police are required to question suspects
Police cannot force a suspect to answer a questions
Section 7 “detained person has the right to remain silent…
Police must give suspect a chance to “make a free and meaningful choice about whether to speak or remain silent”
Police must promptly inform arrested person of the reason for their arrest and their right to counsel

36. Interrogation Techniques
Interview suspects to obtain the truth (ideally through a trusting relationship with the suspect)
Begin with open-ended, non-threatening questions – designed to encourage the suspect to speak
Conclude with closed questions – designed to get specific information
4 Stage approach to interrogation
Describe the entire incident
Describe the period before the incident took place
Describe the details of the offence
The period following the offence