The Plan… 23 Oct 2013

1. The Plan… 23 Oct 2013 • Review BYU Questions from Monday… • Pg 183 #2, 3, 5, 6, 8, &10 • Start Chapter 8 • Investigation and Arrest • Levels of Police in Canada • Starting a Police Investigation

2. 8.1 – Levels of Police8.2 – CRIMINAL INVESTIGATIONS8.3 – ARREST & DETENTION

3. Levels of Police in Canada • Federal Police • RCMP • Formed in 1873 as NWMP • Aka “The Mounties” • Federal Police Force as well as Provincial/Municipal Level • Provide investigative services to federal government • Nationwide they are the law, but there are exceptions • Ontario (OPP) & Quebec (QPP) have there own Provincial police forces • Aboriginal Police Forces • Responsible for public order on First Nations in Canada • i.e. • Stl’atl’imxTribal Police Service - Lillooet, British Columbia • Stl’atl’imxTribal Police Service - Mt. Currie, British Columbia

4. Federal Responsibilities RCMP • Customs & Exercise • Investigate international smuggling • Enforce Customs Act in remote locations of Canada • Investigate violations to the Excise Act • Excise Duties are taxes collected on goods produced in Canada, i.e. Cigarettes & Alcohol

5. Federal Responsibilities RCMP II • Drug Enfourcement • Enforce laws identified in Controlled Drugs & Substances Act • Branch of 1000 RCMP who give high priority to cases involving international & interprovincial drug smuggling • Economic Crime • Focus on commercial fraud, organized crime, technological crime, and securities fraud. • Also work with Bank of Canada in regards to counterfeit activity

6. Federal Responsibilities RCMP III • Federal Policing • Enforce 286 federal laws and 17 regulations that cover areas such as hazardous waste transportation, environmental law, explosives, vehicle odometer tampering, student loans, and other public safety and consumer protection issues • Immigration • Gather information on smuggling aliens into Canada and counterfeiting passports and visas • Works with Immigration Canada to help screen out immigration applicants who are members of criminal organizations or war criminals/terrorists

7. Federal Responsibilities RCMP IV • Proceeds of Crime • Deals with the identification and confiscation of money or property that has been acquired through proceeds of crime • i.e. Hells Angels/Drug dealers & their “stuff” • Criminal Intellegence • Specialize in gathering intelligence, or information of organized crime & terrorist groups • International Liaison & Protective Services • Security for federal officials and visiting heads of state • Also work alongside foreign agencies • i.e. Interpol (International Criminal Police Organization), FBI, & CIA

8. “Other” Police in Canada Provincial Police Municipal Police • Jurisdiction in rural areas and in unincorporated regions around cities that do not have RCMP • Regional Districts in BC = RCMP • OPP is the largest example of this in Canada • Jurisdiction over policing in towns and cities throughout Canada • Funded by municipality • Local example: • Nelson, BC

9. “Other” Police in Canada II • Aboriginal Police • Administered by Department of Solicitor General • Partnership among federal & provincial/territorial governments and Aboriginal peoples • Each First Nation can enter into an agreement with federal government to have their own Aboriginal Police or work in conjunction with existing forces

10. 8.2 – CRIMINAL INVESTIGATIONS

11. Starting a Police Investigation • What happens? • What roles do different officers play? • What are the preliminary steps that they have to take in the investigation?

12. Investigation & Arrest – BIG PICTURE

13. Starting a Police Investigation • Police arrive at the crime scene • help injured people • call for backup • search scene – ensure public safety • protect & preserve crime scene • center of crime scene= area where crime actually took place • perimeter of crime scene = area around the ‘center’ – where offender may have been and may have left evidence

14. Starting a Police Investigation II • contamination = when physical evidence is lost, destroyed, or altered (bad) • Police log = written record of what officers have witnessed • officers’ roles at crime scene • patrol officer = first to arrive – secure crime scene • scenes of crime officer = experts in collecting evidence (fingerprints, photographs, etc.) – less serious crimes • criminal identification officer = experts in collecting & analyzing evidence for more serious crimes • criminal investigations bureau officer = specialist – supervises investigations, conducts interviews

15. That’s all for today… • Your task: • Complete worksheet Questions 1-7 • BYU • P 195 Questions 1, 2, 4, & 5 only… • Questions?

16. The Plan… 24 Oct 2013 • Review homework from last day • Worksheet #1-7 • BYU P 193 # 1, 2, 4, & 5 • Continue on with Criminal Investigations • Worksheet completion • CSI Video Clip (23 Min) RETEST CH 6?

17. 8.2 – CRIMINAL INVESTIGATIONS Cont.

18. Identifying and Collecting Physical Evidence • As we have mentioned, during a trial the Crown must prove beyond a reasonable doubt that the accused was at the crime scene when the offence was committed. • For this reason, the collection, preservation, and analysis of physical evidence is a crucial aspect of police work.

19. Identifying & Collecting Physical Evidence I • physical evidence • …is any object, impression, or body element that can be used to prove or disprove facts relating to an offence • This kind of evidence is especially valuable as it carries greater weight in court than evidence obtained through witness statements • forensic science • …is the use of biochemical and other scientific techniques to analyze evidence in a criminal investigation • Investigating occurs at the crimes scene, however, majority of work is done in laboratories • Determine info dealing with time of death, cause of death

20. Identifying & Collecting Physical Evidence II • impressions • …are patterns or marks found on surfaces and caused by various objects • Collecting occurs in two stages: • Record object by photograph or scanning • Police try and match impression from object that made it • i.e. Fingerprints • class characteristics • …general attributes of an object • i.e. Tire’s class characteristics (type, make, model, and size); may narrow down a particular type of car by the tire commonly associated with it • individual characteristics • …specific and unique features of an object • i.e. Tire example & understanding certain wear patterns associated with type of car

21. Identifying & Collecting Physical Evidence III • fingerprint • …the mark left behind after a fingertip touches an object; generally there are two types of fingerprint: • visible fingerprint • …coated with something – visible to the naked eye • i.e. blood, dirt, grease • latent fingerprint • …formed by natural oils and perspiration – not visible to the naked eye; must be developed before being able to use • Dusted & lifted: dusted with graphite powder that sticks to ridges of print, then the print is “lifted” with adhesive tape and place on white cardboard • Iodine Fuming: area being investigated is placed under iodine fumes, existing fingerprints absorb iodine and become visible • Laser beam: sweat compounds deposited on the surface absorb the laser, turn yellow, become visible, and can be photographed

22. Identifying & Collecting Physical Evidence IV • Gloves • When criminals wear gloves to conceal their actions, police use glove impressions to identify a suspect in almost the same way they identify fingerprints • Use impressions class characteristics (pattern and glove spacing of the stitches) and individual characteristics (worn or torn areas) with the gloves of a suspect • Shoe prints & tire tracks • Can be matched to the suspect’s shoes or tires to place suspect at scene of a crime • If the police can find four shoe prints – 2 from each foot – they can determine suspects approx. height and weight, any injures sustained in committing the crime, if the suspect was carrying anything, or if he/she was running • Tire impressions can help determine type of tires, make of the car, and direction that the car was travelling as they entered/left the crime scene.

23. Identifying & Collecting Physical Evidence V • body elements & DNA • DNA testing: used to identify criminals or free from suspicion • Crimes against people often results in the transfer of bodily fluids of one type or another from suspect to victim • i.e. blood, semen, mucus, sputum (mucus), hair, and skin • Police match samples from suspect to samples found at scene of crime • A suspects DNA ‘print’ can be compared to a DNA profile collected at the crime scene

24. Identifying & Collecting Physical Evidence VI • procedures for labeling evidence • Proper labelling ensures that evidence can be identified at a later date and ensures evidence has not been contaminated or tampered • Includes chain of custody • The witnessed, written record of all the people who came in contact with evidence. Chain must remain unbroken from start of investigation until the time is produced in court. • Includes: who had contact, date and time evidence handled, circumstances under which evidence is handled, and what changes (if any) were made to evidence

25. Identifying & Collecting Physical Evidence VII • Evidence is collected and tagged at the scene of the crime, it is then placed in an evidence package • The following information appears on both the “tag” and exterior of the package: • Brief description of package • Police case number • Date evidence collected • Location of collection • Brand name of item, if any • Serial number or clothing information • Name an badge number of officer who collected • Destination of item for analysis of storage

26. CSI – A Canadian Example… • 16x9: Behind The Yellow Line: Real CSI  • http://www.youtube.com/watch?v=jcypaqcKesU

27. Your turn… • For homework: • Complete the worksheet questions #7-14 • BYU • P. 201 # 1, 5, & 6

28. The Plan… 1 Nov 2013 • Arrest & Detention • Presentation • BYU Questions • Time to get ready for test next week • Definitions etc. • Check for missing assignments please…

29. 8.3 – ARREST & DETENTION

30. Arrest & Detention… intro • Once the police have collected all of the physical evidence that they can, the next step of the Investigation and Arrest process is the questioning of suspects. • Depending on the amount of evidence found, the police may make an arrest either before or after questioning. • Certain procedures, as described in the Criminal Code of Canada, and as enshrined in the Charter of Rights and Freedoms must be followed. • If not followed, could cost the Crown their case against the accused… • i.e. Evidence not obtained properly can be considered admissible

31. Arrest & Detention I • When questioning the accused, Police are required to ask questions, however the accused is not forced to answer them (right to remain silent…) • Once an arrested person had been informed of their rights, anything said can be used as evidence • Young people are given special privileges during this process as defined in the Youth Criminal Justice Act (ch12) • In the search of the truth, police do their best to develop a trusting relationship with the accused • Ask open-ended, non threatening questions • interrogation techniques – 4 stage approach – ask suspect to describe… • …the entire incident • …the period before the offence took place • …the details of the actual offence • …the period following the offence Done to “elicit” specific answers…

32. Arrest & Detention II • Arrest & detention procedures, usually begins with the police formally charging someone with a committed crime • Arrest • …legally depriving someone of liberty by seizing or touching the person to indicate that he or she is in custody • Police must follow four steps when doing this • Identify as a police officer • Advise accused that they are under arrest • Inform accused of charge, and show arrest warrant if obtained • Touch the accused to indicate that they are in legal custody

33. Arrest & Detention III • Once in custody, the police must inform the accused of their right to council • Under special circumstances, certain events/actions will or must unfold: • detention • …legally depriving a person of liberty for the purpose of asking questions, with or without physical restraint • reasonable grounds • …information that would lead a reasonable person to conclude that the suspect had committed a criminal offence • …also required when keeping someone in custody beyond questioning

34. Arrest & Detention III • Police have three methods of apprehending an offender: • Appearance notice • appearance notice • …a legal document, usually issued for less serious offences, compelling an accused person to appear in court • bench warrant • …an arrest warrant issued directly by the Judge when an accused person fails to appear in court

35. Arrest & Detention IV • Arrest with a warrant • Police may ask a Judge to issue a variety of documents to get someone to show up to court, including: • summons • …a legal document issued for an indictable offence, ordering an accused person to appear in court • Usually involves someone who has no reason not to appear in court • information • …a statement given under oath, informing the Court of the details of the offence • Police statement, justifies if arrest of suspect is needed • arrest warrant • …a written court order, directing the arrest of the suspect • Immediate steps followed

36. Arrest & Detention V • Arrest without a warrant • There are often three situations where police may arrest without a warrant, and it not affecting a court case (Section 495 Criminal Code) • Have reasonable grounds to suspect a person has committed a crime • They find the person in the act • Find someone who is felt to be guilty of the crime • Section 495 applies to all peace officers; mayors, prison guards, customs agents, aircraft pilots, & fisheries officers

37. Arrest & Detention VI • Most common form of citizen’s arrests deal with shop lifting • i.e. citizen’s arrest • …an arrest without a warrant by someone other than a peace officer • Certain circumstances where a citizen’s arrest is legit • A person is committing an indictable offence, or • A person, on reasonable grounds believes • Committed a criminal offence and escaped from prison and confronted

38. Arrest & Detention VIII • Police do not require warrants to perform a search of someone who they just arrested, however, there are steps to follow, • When searching a person • Arrest must be lawful • Search must be connected to the lawful arrest • Manner in which search is carried out • When searching a place • Need a search warrant • …a court document that gives the police the right to search a specific location • Officer must provide “sworn” information to judge or justice of the peace giving all the details of why the warrant and search is justified

39. Once a person is arrested… • Numerous procedures after arrest • Photographs & Fingerprints: • Can only photograph/fingerprint the suspected who has been arrested for indictable offence • If police do not charge the person, or they are acquitted, photographs & fingerprints remain on file for 10 years • Lineup: • While not obligated to do so, an accused person may be required to stand in a lineup for victim or witness identification • Done so with advice from a lawyer • Usually in a line with similar age/stature individuals

40. Pretrial Release • Once all of previous steps are undertaken, police can grant pretrial release of the accused, with conditions… • promise to appear • …signed agreement that an accused person will appear in court at the time of the trial • Don’t appear = warrant for arrest • recognizance • …guarantee that the accused will appear in court when required, under penalty of a fine of up to $500 • surety • …person who agrees to make a payment if the accused does not appear at trial

41. Pretrial Release III • More serious offenders are usually required to make an application for bail • bail • …the temporary release of an accused who posts money or some other security • show-cause hearing • …judicial hearing in which the Crown or the accused has to convince the Judge either to detain or release the accused before trial • Don’t convince, or a flight risk = bail not granted • Denied bail, habeas corpus is last chance… • habeas corpus • …court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time • Goes to a higher court, Crown must prove that the Prisoner is not being mistreated etc.

42. That’s it – end of Chapter 8 • Your turn • BYU: • P 211 #2, 3, 4, 5 • P 213 #1, 3 • Review on Monday… • Work on definitions, if not done already • Ch 7/8 Test next week – either Tuesday or Wednesday… • If Tuesday: Review time Monday…