Investigation and Arrest

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Investigation and Arrest

• Chapter 8

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In this chapter we will look at.

• The Police
• The Investigation
• The Evidence
• The Arrest and Detention
• THE OJ SIMPSON TRIAL
• https//www.youtube.com/watch?vV_sSD12VarAfeatur
  eyoutu.be

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The Police

• Canadas Federal police force is the Royal
  Canadian Mounted Police or RCMP.

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• The RCMP was formed in 1873 as the North-West
  Mounted Police. They provide
• Investigative and protective services for the
  federal government.
• Provincial police, and municipal in some cases,
  for all provinces and territories except Quebec
  and Ontario.

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The RCMPs Work Focuses On.

1. Customs and Excise cases of international
   smuggling, taxes and tariffs.
2. Drug Enforcement Controlled Drugs and Substance
   Act smuggling.
3. Economic Crime fraud, organized crime
4. Federal Policing public safety and consumer
   protection
5. Immigration illegal aliens
6. Proceeds of Crime confiscation of money or
   property derived from crime
7. Criminal Intelligence gathering intelligence,
   organized crime, terrorist groups.
8. International Liaison and Protective Services
   security for federal officials and visiting heads
   of state.

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Christopher John Wardon, 30 years old
Douglass Allen Scott, 20 years old
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Provincial Police

• Jurisdiction in rural areas and unincorporated
  areas around cities.
• The Ontario Provincial Police (OPP), the Surete
  du Quebec and the Royal Newfoundland Constabulary
  are the three largest.

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Municipal Police

• Police towns and cities.
• Funded by the municipality.
• Duties include any or all of the following
• ?preserving the peace
• ?preventing crime
• ?assisting victims of crime
• ?apprehending criminals
• ?Laying charges and participating in prosecutions
• ?executing warrants
• ?enforcing municipal bylaws

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Other Facts

• Canada has about 62,500 police men and women.
• Cost to the taxpayer, 6.5 billion.
• 192 officers per 100,000 people (USA,262)
• Lowest is NL and PEI
• 11,200 are female (18)
• 1,667 police members in Nova Scotia

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The Investigation

• The crime scene, the site where the offence took
  place, is key to the investigation.
• Police must get emergency crews on the scene,
  eliminate any hazards and search the scene for
  the perpetrators.
• The success of any prosecution rests on the
  physical evidence taken from the scene, so
  officers establish two boundaries the center and
  the perimeter.
• The center is the area in which the offence was
  actually committed the perimeter is the area
  surrounding the center, where the offender may
  have been present or may have left some evidence.

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• Crime scenes are preserved for three reasons..
• To allow for a thorough search of the scene
• To seize and collect physical evidence
• Ensure the evidence seized is admissible in court
• Contaminated evidence may be inadmissible or lead
  police to the wrong conclusions.

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Four Officers at the Scene

• Patrol officers are usually first at the scene,
  they make arrests if necessary or secure the
  scene, usually using yellow police tape.
• The scenes of crime officer is trained in
  evidence collection and preservation.
• A criminal identification officer is responsible
  for searching the crime scene, gathering evidence
  and sending it to the lab.
• A criminal investigations officer, a plainclothes
  detective, supervises the investigation.

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Physical Evidence

• Includes any object, impression or body element
  that can be used to prove or disprove facts
  relating to an offence.
• Usually carries more weight than witness
  testimony.
• Forensic science refers to the use of biochemical
  and other scientific techniques to analyze
  evidence in a criminal investigation. Scientists
  examine and analyze the physical evidence found
  at a crime scene.

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Forensic scientists

• Give expert evidence at trials
• Perform autopsies
• Analyze firearms and bullets
• Have some expertise such as analyzing paint to
  tell what model car is involved.
• Entomologists are insect specialists who can
  determine the time of death by examining life
  stages of insects.
• Some are experts at examining tool marks
  (hammers, crowbars, screwdrivers), as they are
  the most frequently used tools in crime.

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• Some examine impressions, patterns or marks found
  on surfaces and caused by various objects. They
  photograph, scan or take a mould of the
  impression, then try to match with an object.
• Impressions can have class characteristics, the
  general attributes of an object, or individual
  characteristics, the specific and unique features
  of an object.

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Fingerprints

• A fingerprint is a patterned mark left on a
  surface by a fingertip.
• Prints can also come from hands, feet and toes.
• A print is unique to each individual and useful
  in identifying offenders and unfortunately, in
  some cases, victims.
• There are two types of prints ..

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• A visible fingerprint means the print formed when
  a fingertip coated in blood, grease or some other
  substance touched a surface and left a print
  visible to the naked eye.
• A latent fingerprint is formed by natural oils
  and perspiration on the fingertip. It is
  invisible to the naked eye. To see this print
  three methods are used.
• Dusted using a graphite powder. The print is
  lifted from the surface using tape and then
  photographed.
• Iodine fuming, which involves exposing areas of
  cloth or paper with iodine fumes which attached
  to the print and make it visible.
• A laser is used to illuminate the print. Sweat
  compounds on the surface absorb the laser and
  turn yellow so they can be photographed.

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DNA Evidence

• Blood, semen, hair, mucus and skin are often left
  at a crime scene. Any of these can be used to
  test for DNA and then match the results to a
  particular suspect.
• Blood is the most common body substance found.
• DNA, or deoxyribonucleic acid, is found in every
  cell of the human body and is unique to every
  individual with the exception of identical twins.
• DNA testing can therefore link or exclude anyone
  from a crime.

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• Hair and clothing fibers can also be used to
  connect a suspect to a crime scene.
• Once the physical evidence has been collected it
  must be carefully labeled and stored.
• A chain of custody is established, a witnessed
  written record of all the people who had control
  over the evidence. It must show..
• Who had contact with the evidence
• The date and time the evidence was handled
• The circumstances under which the evidence was
  handled
• What changes if any were made

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Arrest and Detention

• Procedures dealing with arrested suspects are
  outlined in the Criminal code and the Charter of
  Rights and Freedoms. If the proper procedures are
  not followed it may lead to charges being dropped
  because of inadmissible evidence.
• Canada, R. v. Macooh
• A detained or arrested person has the right to
  remain silent, know the reason for their arrest
  and the right to a lawyer.
• Once an arrested person has been informed of
  their rights, anything they say or put in writing
  can be used against them.

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• Police use a four stage approach in the
  interrogation of suspects
• Ask the suspect to describe the entire incident.
• Describe the period just before the incident.
• Describe the details of the actual offence.
• Describe what happened during the period after
  the incident.
• The primary goal is to arrive at the TRUTH!

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• An Arrest involves legally depriving someone of
  liberty by seizing or touching the person to
  indicate that he or she is in custody.
• In order for the arrest to be lawful the
  arresting officer must follow these steps
• Identify him or herself as a police officer
• Advise the accused that he or she is under arrest
• Inform the accused promptly of the charge and
  show the arrest warrant if one has been obtained.
• Touch the accused to indicate that he or she is
  in custody. (REASONABLE FORCE IS ALLOWED IF
  NECESSARY)
• Once the accused is in custody the police must
  inform the person of their right to counsel.
• Rodney King Reflects on His 1992 Beating By
  Racist White Cops Ensuing Riots YouTube
• Rodney King Reflects, 20 years After Brutal,
  Racist Police Beating L.A. Riots YouTube
• Donahue Rodney King Verdict 1992 Pt 1 YouTube
  (11min al sharpton
• Rodney King Dead at 47 Cause of Death From
  Accidental Drowning? - YouTube

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• Another option is detention. This is legally
  depriving a person of liberty by seizing or
  touching the person to indicate that he or she is
  in custody. It is mainly done to get the person
  to answer a few questions or determine if the
  person is a suspect in a crime. If you refuse to
  accompany the police you may be placed under
  arrest.
• Police must have reasonable grounds to arrest
  someone. This is information that would lead a
  reasonable person to conclude that the suspect
  had committed a criminal offence.

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The police have three methods of apprehending an
offender

• Appearance notice a legal document usually
  issued for less serious offences, compelling a
  person to appear in court.
• (summary convictions, less serious
  indictable)
• If the accused fails to appear in court on the
  specific date and time, a bench warrant may be
  issued. This is an arrest warrant issued directly
  by a judge when an accused person fails to appear
  in court.

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• 2. Arrest with a warrant If police believe that
  a suspect will appear in court voluntarily, a
  summons can be issued. This is a legal document
  issued for an indictable offence, ordering an
  accused person to appear in court.
• Otherwise, police will obtain an arrest warrant.
  An information, a statement given under oath
  telling the court the details of an offence, is
  given by police before a judge. Once the police
  lay an information the judge will decide if it
  is in the public interest to issue an arrest
  warrant.
• An arrest warrant is a written court order
  directing the police to arrest a suspect. It
  contains the name of the accused, the charge and
  the reason for the warrant.

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• 3. Arrest without a warrant There are three
  circumstances under which the police can arrest a
  person without a warrant.
• They have reasonable grounds to believe that a
  person has committed an indictable offence or is
  about to commit one.
• They find a person in the act of committing a
  criminal offence.
• They find a person who they believed is named on
  an arrest warrant.
• All peace officers, including mayors, prison
  guards, customs officials, aircraft pilots and
  fisheries officers, can arrest under these
  circumstances.

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A Citizens Arrest

• This is an arrest without a warrant by any person
  other than a peace officer.
• Immediately following such an arrest the suspect
  must be turned over to a peace officer.
• A citizens arrest can be made under these
  circumstances.
• A person whom he finds committing an indictable
  offence.
• A person who on reasonable grounds he believes
  has committed a criminal offence or is escaping
  from and freshly pursued by persons who have
  lawful authority to arrest that person.
• An owner of property or a person authorized by
  the owner, can arrest a person whom he finds
  committing a criminal offence on or in relation
  to that property.
• http//www.thestar.com/news/canada/2013/03/11/new_
  citizens_arrest_powers_come_into_effect_in_canada.
  html
• Chinatown's David Chen, The Lucky Moose, and
  redefining the Canadian term for Citizen's
  Arrest. - YouTube
• PM Harper speaks on Citizen's Arrest law
  YouTube
• PM Harper meets David Chen - Toronto Chinatown
  store keeper - YouTube

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Searches

• The charter protects people from illegal search
  and seizure. Here are some of the rules regarding
  searches.
• Searching a person The police do not have to
  obtain a warrant to search anyone they have
  arrested, as long as three conditions are met.
• The arrest is lawful
• The search must be connected to the lawful arrest
• The manner in which the search is carried out is
  reasonable.

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• An impaired driver must submit a breath or blood
  sample but otherwise you can only be compelled to
  give such a sample with a warrant.
• Searching a place usually must have a search
  warrant, a court document that gives the police
  the right to search a specific location.
• In order to get a warrant the police must deliver
  a sworn information to a judge, which specifies
  the crime, the items police are looking for and
  the reasonable grounds they have for believing
  the items will be found at the location.

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• The warrant will list all of these details as
  well as the date and time the police are allowed
  to conduct their search.
• Unless specified, the search must take place
  within daylight hours, usually 6 am to 9pm.
• The police must identify themselves and show the
  warrant before conducting the search. Other items
  not listed in the warrant can be confiscated if
  they are related to the crime and in plain view.
• Objects obtained are kept in police custody until
  the trial.
• Sometimes a telewarrant, a search warrant
  obtained by phone or fax, can be used if the
  police need to act quickly.
• To search a private home a warrant is almost
  always required. Two exceptions are imminent
  injury or death to any person or the destruction
  of evidence related to an indictable offence.

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Procedures After Arrest

• After being arrested for an indictable offence, a
  person may expect to be fingerprinted,
  photographed and sometimes, participate in a line
  up.
• famous mugshots - Google Search
• If the person is not charged or is acquitted in
  court, the arrest record is kept for 10 years
  before being destroyed.
• A line up, a grouping of people shown to a victim
  or witness for the purpose of identifying the
  perpetrator, can not be forced upon an arrested
  person.

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• After the arrest procedures a person is often
  released until the trial.
• Police may ask you to sign a promise to appear, a
  signed agreement that an accused person will
  appear in court at the time of trial. If the
  person doesnt show, a warrant for arrest is
  issued.
• Some may sign a recognizance, a guarantee that
  the accused will appear in court when required,
  under penalty of a fine of up to 500.
• Police may also request a surety, a person who
  agrees to make a payment if the accused does not
  appear at trial.

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Bail

• Bail is the temporary release of an accused who
  posts money or some other security. Application
  is made before a judge.
• If the crown does not want an accused person
  released before trial, a show-cause hearing is
  held, a judicial hearing in which the Crown or
  the accused has to convince the judge either to
  detain or release the accused before trial.
• Cause can be that the accused may flee or that
  they may be a threat to society.
• In some cases there is a reverse onus, where the
  accused has to show why bail should be granted.

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• Reverse onus may apply when
• The accused is charged with committing an
  indictable offence while already out on bail.
• The offence is indictable and the defendant is
  not a Canadian citizen.
• The charge involves failure to appear or breach
  of a bail condition.
• The accused is charged with importing,
  trafficking or possession for the purpose of
  trafficking, narcotics.
• Of course, there is always the writ of Habeas
  Corpus.