1. Investigation and Arrest Law 521 Chapter 8

2. Levels of Police in Canada (4)

3. 1) Federal Police (RCMP) 1. Types of work they do… 2. Customs & Excise 3. Drug Enforcement 4. Economic Crime 5. Federal Policing 6. Immigration 7. Proceeds of Crime 8. Criminal Intelligence 9. International Liaison & Protective Services

4. 2) Provincial Police  Jurisdiction  Rural areas  Unincorporated areas around cities  Ontario Provincial Police  Sureté du Québec  Royal Newfoundland Constabulary

5. 3) Municipal Police  Jurisdiction  Towns  Cities

6. 4) Aboriginal Police  First Nations Policing Policy  Offer services that are professional and sensitive to the needs of the community

7. Starting a Police Investigation

8. 1  Arriving at the Crime Scene Three Tasks: 1. Call ambulance & assist injured 2. Call in reinforcements & eliminate hazards 3. Search crime scene

9. 2. Protecting/Preserving Crime Scene  Centre  Perimeter Reasons for Preserving: 1. Allow for a thorough search 2. Seize/collect evidence 3. Ensure all evidence is admissible in court - No contamination. - Police keep a log.

10. Officers’ Roles at a Crime Scene Four Types: 1. Patrol Officer (First on the Scene) 2. Scenes of Crime Officer (CSI-types) 3. Criminal Identification Officer (CSI-types) 4. Criminal Investigations Bureau Officer (Detective)

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12. Identifying/Collecting Physical Evidence  One of the most crucial parts of police work.  Physical Evidence: object, impression, body element

13. Forensic Science  Use of biochemical and other scientific techniques to analyze evidence in a criminal investigation.  Laboratory work  Giving expert testimony  Autopsy guy/girl  Analyze guns, paint chips, TOD, etc.

14. Types of Evidence Analyzed  Tools  Hammers, screwdrivers, and crowbars  Impressions  Fingerprints  Gloves  Shoe Prints  Tire Tracks  Body Elements & DNA  Blood, semen, mucus, sputum, hair, skin

15. Characteristics of Impressions  Class Characteristics  Type, make, model, style, and size  Individual Characteristics  Specific and unique features of an object.

16. Fingerprinting  Visible Fingerprint  Easily seen  Latent Fingerprint  Made by perspiration and oil and must be developed by: 1. Dusting 2. Iodine Fuming 3. Laser Beam  Gloves Too!

18. Shoe Prints/Tire Tracks  Shoe prints can tell a lot:  Height  Weight  Injuries sustained during crime  Tire Tracks:  Type of tire  Make of car  Direction of car when leaving scene

19. Body Elements & DNA  Blood  Semen  Mucus  Sputum  Hair  Skin  Any of these substances can be used for DNA testing.

21. Procedures for Labeling Evidence  Officers must create a CHAIN of CUSTODY  An EVIDENCE PACKAGE is created.

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23. Arrest & Detention Procedures Dealing with Suspects

24. Questioning the Accused  Police MUST question suspects, but cannot FORCE suspects to answer.  Section 7 of the CCORAF: right to remain silent.  Police must promptly inform suspects about the reason for the arrest.  He/she also must be read his/her rights – once that happens, anything he/she says can be used against him/her.

25. Interrogation Techniques  Open-ended, non- threatening questions, followed by specific questions.  Four-stage approach is use, where suspect is asked to describe: 1. Entire incident 2. Period prior to offence 3. Details of offence 4. Period following offence

26. Arrest & Detention Procedures  Arrest: deprived of liberty  Making lawful arrests: 1. Identify him/herself as a police officer 2. Advise accused he/she is under arrest 3. Inform accused of charge and show arrest warrant 4. Place hands on accused – shows custody 5. Read rights

27. Arrest & Detention Procedures  Detention: legally depriving a person of liberty to ask questions  Reasonable Grounds must be present for either arrest/detention.

28. Three Methods of Apprehending an Offender

29. Appearance Notice  Legal document telling the accused to appear in court on a certain date.  Accused must sign.  Bench warrant – if accused doesn’t show.  Used in summary conviction and less serious indictable offences.

30. Arrest with Warrant  For serious indictable offences.  Police ask judge/JOP for a SUMMONS, telling accused to show in court.  ARREST WARRANT – if police believe accused won’t show up in court willingly; must provide INFORMATION.

31. Arrest without Warrant Three Circumstances: 1. Reasonable grounds to suspect accused has either committed an offence or is about to. 2. Catch a person in the act. 3. Person may be named on an arrest warrant.

32. Citizen’s Arrest  Most common: catching shoplifting  (store detective/salesperson)  Immediately following the arrest, the suspect must be turned over to a PEACE OFFICER.  Happens rarely.

33. Searches Searching a Person Searching a Place

34. General Rules:  Charter rights must be protected.  Police usually must obtain a warrant.  There are exceptions.

35. Searching a Person  Police don’t need a warrant if they’ve just arrested the person.  Impaired drivers must submit to a breath sample; otherwise, a warrant must be obtained.  Police may carry out a ‘pat-down’ to make sure no weapons are present.

36. Searching a Place  In most cases, police must obtain a warrant.  It must be done by the book or else the evidence it uncovers is inadmissible.  Warrant Rules:  Sworn information must be given to judge.  Police must identify themselves and show warrant.  Telewarrant – given by phone/fax in emergencies. Two Exceptions: 1. Imminent injury/death of a person may result 2. Evidence may be getting destroyed inside

37. Procedures After Arrest

38.  Take photographs  Take fingerprints  Police line-up  All of these happen only in the case of indictable offences  Police cannot force a person to enter a line-up.  So, why go in one?

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40. Pre-Trial Release  Automatic for summary offences or indictable offences with a fine less than $5000.

41. Pre-trial Release  PROMISE TO APPEAR - must be signed; if he/she doesn’t appear a bench warrant will be issued.  Recognizance - Signed guarantee to appear when required.  Surety - Someone who is willing to pay money if the accused fails to appear at trial.

42. Bail  Serious suspects are usually kept in custody.  Bail:  Temporary release of prisoners who post $ to guarantee a court appearance.  Show-Cause Hearing:  Crown or Defence must convince judge to detain or release a suspect

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