INVESTIGATION

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UNIT 6 INVESTIGATION AND ARREST
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Donald Marshall 11 years
James Driskell 13 years
Guy Paul Morin 18 months
William Mullins-Johnson 12 years
David Milgaard 22 years
Steven Truscott 10 years
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Ronald Dalton Greg Parsons Randy Druken
8 years 3 months
6 years

• What factors can lead to the arrest and
  conviction of innocent people?
• Police rush to convict do not investigate
  properly.
• Witnesses lie to police.
• Defence does not defend adequately.
• Jury / judge makes a mistake.

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Police in Canada

• There are 3 levels of police in Canada
• Federal police.
• Provincial police.
• Municipal police.

• Federal Police
• Royal Canadian Mounted Police
• federal police in Canada.
• RCMP serve the federal government
• and are also the provincial police in
• most provinces.

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• The RCMP have responsibility in 8 areas
• Customs and Excise investigates smuggling goods
  into Canada and not paying taxes on Canadian
  goods.
• 2. Drug Enforcement enforces drug laws
  especially drug
• smuggling.
• Economic Crime involves fraud, organized crime
  and
• counterfeit money.
• Federal Policing involves public safety and
  consumer
• protection issues.

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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.
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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.

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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

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• Criminal Investigations Bureau Officer
• specializes in particular crimes
• interviews witnesses
• questions suspects
• draws conclusions from evidence
• arrests suspects

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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
• Who had contact with the evidence.
• Date and time evidence was handled.
• Why the evidence was handled.
• What changes were made to evidence.

Read Case Study R. v. Bero on Page 216.
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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 specific and unique features of an object.
(tire wear)
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Types of impressions

• 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.

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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, walking
• or 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

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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

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• How is DNA used in police investigations?
• Police give sample to lab.
• Forensic scientist extracts DNA and creates a DNA
  profile.
• Profile is compared to suspects or those on file.
• If they match, came from same person.
• If no match, look for different suspect.

Read Case Studies Pages 199 201. Complete
Police Investigation Report Worksheet.
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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
• the entire incident
• the period before the offence took place
• the details of the actual offence
• the period following the offence

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• There are 4 steps in a lawful arrest. The police
  must
• identify themselves as police officers
• tell the accused they are under arrest
• tell them the charge and show the arrest warrant
• 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)
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Arrest Warrant
Warrant a written court order directing the
police to arrest a suspect.

• There are 3 circumstances under which
• the police may arrest suspects without
• a warrant
• They have reasonable grounds to suspect a person
  has or is about to commit a crime.
• They catch a person committing a crime.
• 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)

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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
• The crime.
• Items police are looking for.
• Why police believe the items are there.
• 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.

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Police Searches Without a Warrant
The police do not have to get a warrant to search
a person they have arrested.

• The police can search a house without a warrant
  if the owner gives permission, or if
• Harm to a person is suspected.
• Evidence may be destroyed.

Police can search anywhere except a home for
illegal drugs without a warrant. Police can
search a vehicle for illegal alcohol without a
warrant, but not a home.
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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 prove or
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.