INVESTIGATION

AND

ARREST

What factors can lead to the arrest and conviction of innocent people?

1.Police rush to convict – do not investigate properly.

2.Witnesses lie to police.

3. Jury / judge makes a mistake.

Police in Canada

There are 3 levels of police in Canada:

1. Federal police.2. Provincial police.3. Municipal police.

Federal Police

Royal Canadian Mounted Police –federal police in Canada.

•RCMP serve the federal governmentand are also the provincial police inmost provinces.

The RCMP have responsibility in 8 areas:

1.Customs and Excise – investigates smuggling goods into Canada and not paying taxes on Canadian goods.

2. Drug Enforcement – enforces drug laws especially drug smuggling.

3.Economic Crime – involves fraud, organized crime and counterfeit money.

4.Federal Policing – involves public safety and consumer protection issues.

5. Immigration – investigates the smuggling of people into Canada and the use of false passports.

6. Proceeds of Crime – identifies and seizes money or property obtained illegally.

7. Criminal Intelligence – gathers information on organized crime and terrorists.

8. International Liaison and Protective Services – works with foreign police forces and protects federal and visiting officials.

Provincial Police

Only Quebec, Ontario and Newfoundland and Labrador have provincial police.

The Newfoundland Constabulary is in the Northeast Avalon, Corner Brook, Churchill Falls and Labrador City.

Municipal Police

• Police in towns and cities.• If no municipal police then

provincial police or RCMP are responsible.

Police Investigations

Different police officers have different roles during an investigation.

Patrol Officer

• has a regular area to check• often first at crime scene• secures the crime scene (tape)• ensures evidence is not disturbed• may interview witnesses• may arrest suspects

Criminal Identification Officer

• searches crime scene• gathers evidence• sends evidence to crime lab

Criminal Investigations Bureau Officer

• specializes in particular crimes• interviews witnesses• questions suspects• draws conclusions from evidence• arrests suspects

Chain Of Custody

Chain of custody – the witnessed, written record of the people who maintained unbroken control over an item of evidence.

The chain of custody must show:

1. Who had contact with the evidence.2. Date and time evidence was handled.3. Why the evidence was handled.4. What changes were made to evidence.

Read Case Study R. v. Bero on Page 216.

Forensic Investigation

Forensics – the use of scientific techniques to analyze evidence in a criminal investigation.

Impressions – patterns or marks found on surfaces and caused by various objects.

Class characteristics – the general attributes of an object. (tire size)

Individual characteristics – the specificand unique features of an object.(tire wear)

Types of impressions:

1. Fingerprints – a mark is left behind when a fingertip touches an object.

• are unique to each person (even identical twins)

Visual fingerprint – visible to the eye, left when fingertip has a substance on it. (blood)

Latent fingerprint – invisible to the eye, formed by natural oils and sweat on the fingertip.

2. Gloves – the police can use a glove impression to help identify a suspect.

3. Shoe print – can tell if suspect was at the crime scene.

•can tell height, weight, walkingor running, injuries, or if carrying something.

4. Tire track – can tell if vehicle was at the scene.

•can tell type of tire•make of car•direction car

was travelling

DNA (deoxyribonucleic acid)

• is found in every cell in your body• DNA in every cell is identical• pattern of DNA is different for

every person, except identical twins

DNA can be collected from many sources:

• Blood• Semen• Mucus• Spit• Hair• Skin

How is DNA used in police investigations?

1. Police give sample to lab.

2. Forensic scientist extracts DNA and creates a DNA profile.

3. Profile is compared to suspects or those on file.

4. If they match, came from same person.

5. If no match, look for different suspect.

Read Case Studies Pages 199 & 201.

Complete Police Investigation Report Worksheet.

Arrest

When a person is arrested they must be informed of their right to a lawyer and their right to remain silent.

Then, anything the arrested person says or writes can be used in court against them.

Interrogation – when the police interview a suspect. The main purpose is to obtain the truth.

The police use a 4-stage interrogation process. They ask the suspect to describe:

1.the entire incident2.the period before the offence took place3.the details of the actual offence4.the period following the offence

There are 4 steps in a lawful arrest. The police must:

1. identify themselves as police officers2. tell the accused they are under arrest3. tell them the charge and show the arrest warrant4. touch them to show they are in custody

The police cannot arrest just anyone they suspect of a crime. They must have some reasonable grounds to suspect a person committed a crime.

Reasonable grounds – information that would lead a reasonable person to conclude that the suspect has committed a crime. (You have bags of money in your car close to a bank robbery)

Arrest Warrant

Warrant – a written court orderdirecting the police to arrest a suspect.

There are 3 circumstances under whichthe police may arrest suspects withouta warrant:

1.They have reasonable grounds to suspect a person has or is about to commit a crime.2.They catch a person committing a crime.3.They find a person named on an arrest warrant.

Citizens arrest – an arrest without a warrant by any person other than a peace officer. (store security / shoplifter)

Search Warrant

Search warrant – document giving the police the right to search a specific location.

The search warrant must be approved by a judge before the search, and it will state the following:

1.The crime.2.Items police are looking for.3.Why police believe the items are there.4.The date and time of the search.

The police must identify themselves and show the warrant.

Telewarrant – a search warrant obtained by phone or fax.

The police do not have to get a warrant to search a person they have arrested.

Police Searches Without a Warrant

The police can search a house without a warrant if the owner gives permission, or if:

1. Harm to a person is suspected.2. Evidence may be destroyed.

Police can search anywhere except a home for illegal drugswithout a warrant.

Police can search a vehicle for illegal alcohol without a warrant, but not a home.

Unless a person is suspected of impaired driving they do not have to give the police a blood or breath sample, unless there is a warrant to do so. Even then, they can talk to a lawyer first, before they supply the sample.

Physical evidence – any object, impression,or body element that can be used to proveor disprove facts relating to an offence.

Witness testimony – a persons account,under oath, of what they saw.

Physical evidence is thought to be more accurate than witness testimony. Witnesses may have trouble recalling details, they can make mistakes or lie. Physical evidence carries greater weight in court.

Read Case Study Page 207 and R v. Godoy on Page 216.

Complete Investigation and Arrest Review Sheet.