Investigation and ArrestInvestigation and Arrest

Chapter 8Chapter 8

In this chapter we will look In this chapter we will look at….at….

The PoliceThe PoliceThe InvestigationThe InvestigationThe EvidenceThe EvidenceThe Arrest and The Arrest and DetentionDetention

The PoliceThe Police

Canada’s Federal police force is the Canada’s Federal police force is the Royal Canadian Mounted Police or Royal Canadian Mounted Police or RCMP.RCMP.

The RCMP was formed in 1873 as The RCMP was formed in 1873 as the North-West Mounted Police. the North-West Mounted Police. They provide…..They provide…..

1.1. Investigative and protective Investigative and protective services for the federal services for the federal government.government.

2.2. Provincial police, and municipal in Provincial police, and municipal in some cases, for all provinces and some cases, for all provinces and territories except Quebec and territories except Quebec and Ontario.Ontario.

The RCMP’s Work Focuses The RCMP’s Work Focuses On….On….

1.1. Customs and ExciseCustoms and Excise – cases of international – cases of international smuggling, taxes and tariffs.smuggling, taxes and tariffs.

2.2. Drug EnforcementDrug Enforcement – Controlled Drugs and – Controlled Drugs and Substance Act; smuggling.Substance Act; smuggling.

3.3. Economic CrimeEconomic Crime – fraud, organized crime – fraud, organized crime4.4. Federal PolicingFederal Policing – public safety and consumer – public safety and consumer

protectionprotection5.5. ImmigrationImmigration – illegal aliens – illegal aliens6.6. Proceeds of CrimeProceeds of Crime – confiscation of money or – confiscation of money or

property derived from crimeproperty derived from crime7.7. Criminal IntelligenceCriminal Intelligence – gathering intelligence, – gathering intelligence,

organized crime, terrorist groups.organized crime, terrorist groups.8.8. International Liaison and Protective ServicesInternational Liaison and Protective Services – –

security for federal officials and visiting heads of security for federal officials and visiting heads of state.state.

Provincial PoliceProvincial Police

Jurisdiction in rural areas and Jurisdiction in rural areas and unincorporated areas around unincorporated areas around cities.cities.

The Ontario Provincial Police The Ontario Provincial Police (OPP), the Surete du Quebec and (OPP), the Surete du Quebec and the Royal Newfoundland the Royal Newfoundland Constabulary are the three Constabulary are the three largest.largest.

Municipal PoliceMunicipal Police

Police towns and cities.Police towns and cities. Funded by the municipality.Funded by the municipality. Duties include any or all of the following:Duties include any or all of the following:preserving the peacepreserving the peacepreventing crimepreventing crimeassisting victims of crimeassisting victims of crimeapprehending criminalsapprehending criminalsLaying charges and participating in Laying charges and participating in

prosecutionsprosecutionsexecuting warrantsexecuting warrantsenforcing municipal bylawsenforcing municipal bylaws

Other FactsOther Facts

Canada has about 62,500 police men Canada has about 62,500 police men and women.and women.

Cost to the taxpayer, $6.5 billion.Cost to the taxpayer, $6.5 billion.192 officers per 100,000 people 192 officers per 100,000 people

(USA,262)(USA,262)Lowest is NL and PEILowest is NL and PEI11,200 are female (18%)11,200 are female (18%)1,667 police members in Nova Scotia1,667 police members in Nova Scotia

The InvestigationThe Investigation

The The crime scenecrime scene, the site where the offence took , the site where the offence took place, is key to the investigation.place, is key to the investigation.

Police must get emergency crews on the scene, Police must get emergency crews on the scene, eliminate any hazards and search the scene for the eliminate any hazards and search the scene for the perpetrators.perpetrators.

The success of any prosecution rests on the The success of any prosecution rests on the physical evidence taken from the scene, so officers physical evidence taken from the scene, so officers establish two boundaries; the establish two boundaries; the centercenter and the and the perimeterperimeter..

The The centercenter is the area in which the offence was is the area in which the offence was actually committed; the actually committed; the perimeterperimeter is the area is the area surrounding the center, where the offender may surrounding the center, where the offender may have been present or may have left some evidence.have been present or may have left some evidence.

Crime scenes are preserved for Crime scenes are preserved for three reasons…..three reasons…..

1.1. To allow for a thorough search of To allow for a thorough search of the scenethe scene

2.2. To seize and collect physical To seize and collect physical evidenceevidence

3.3. Ensure the evidence seized is Ensure the evidence seized is admissible in courtadmissible in court

Contaminated evidence may be Contaminated evidence may be inadmissible or lead police to the inadmissible or lead police to the wrong conclusions.wrong conclusions.

Four Officers at the SceneFour Officers at the Scene Patrol officersPatrol officers are usually first at the are usually first at the

scene, they make arrests if necessary or scene, they make arrests if necessary or secure the scene, usually using yellow secure the scene, usually using yellow police tape. police tape.

The The scenes of crime officerscenes of crime officer is trained in is trained in evidence collection and preservation.evidence collection and preservation.

A A criminal identification officer criminal identification officer is is responsible for searching the crime scene, responsible for searching the crime scene, gathering evidence and sending it to the gathering evidence and sending it to the lab.lab.

A A criminal investigations officercriminal investigations officer, a , a plainclothes detective, supervises the plainclothes detective, supervises the investigation.investigation.

Physical EvidencePhysical Evidence

Includes any object, impression or body Includes any object, impression or body element that can be used to prove or element that can be used to prove or disprove facts relating to an offence.disprove facts relating to an offence.

Usually carries more weight than witness Usually carries more weight than witness testimony.testimony.

Forensic scienceForensic science refers to the use of refers to the use of biochemical and other scientific biochemical and other scientific techniques to analyze evidence in a techniques to analyze evidence in a criminal investigation. Scientists examine criminal investigation. Scientists examine and analyze the physical evidence found and analyze the physical evidence found at a crime scene.at a crime scene.

Forensic scientists………Forensic scientists………

Give expert evidence at trialsGive expert evidence at trials Perform autopsiesPerform autopsies Analyze firearms and bulletsAnalyze firearms and bullets Have some expertise such as analyzing Have some expertise such as analyzing

paint to tell what model car is involved.paint to tell what model car is involved. EntomologistsEntomologists are insect specialists who are insect specialists who

can determine the time of death by can determine the time of death by examining life stages of insects.examining life stages of insects.

Some are experts at examining tool marks Some are experts at examining tool marks (hammers, crowbars, screwdrivers), as (hammers, crowbars, screwdrivers), as they are the most frequently used tools in they are the most frequently used tools in crime. crime.

Some examine Some examine impressionsimpressions, , patterns or marks found on surfaces patterns or marks found on surfaces and caused by various objects. They and caused by various objects. They photograph, scan or take a mould of photograph, scan or take a mould of the impression, then try to match the impression, then try to match with an object.with an object.

Impressions can have Impressions can have class class characteristicscharacteristics, the general , the general attributes of an object, or attributes of an object, or individual individual characteristicscharacteristics, the specific and , the specific and unique features of an object.unique features of an object.

FingerprintsFingerprints

A A fingerprintfingerprint is a patterned mark left is a patterned mark left on a surface by a fingertip.on a surface by a fingertip.

Prints can also come from hands, feet Prints can also come from hands, feet and toes.and toes.

A print is unique to each individual A print is unique to each individual and useful in identifying offenders and and useful in identifying offenders and unfortunately, in some cases, victims.unfortunately, in some cases, victims.

There are two types of prints ……..There are two types of prints ……..

A A visible fingerprintvisible fingerprint means the print means the print formed when a fingertip coated in blood, formed when a fingertip coated in blood, grease or some other substance touched a grease or some other substance touched a surface and left a print visible to the naked surface and left a print visible to the naked eye.eye.

A A latent fingerprintlatent fingerprint is formed by natural is formed by natural oils and perspiration on the fingertip. It is oils and perspiration on the fingertip. It is invisible to the naked eye. To “see” this invisible to the naked eye. To “see” this print three methods are used.print three methods are used.

1.1. DustedDusted using a graphite powder. The print using a graphite powder. The print is lifted from the surface using tape and is lifted from the surface using tape and then photographed. then photographed.

2.2. Iodine fumingIodine fuming, which involves exposing , which involves exposing areas of cloth or paper with iodine fumes areas of cloth or paper with iodine fumes which attached to the print and make it which attached to the print and make it visible.visible.

3.3. A A laserlaser is used to illuminate the print. is used to illuminate the print. Sweat compounds on the surface absorb Sweat compounds on the surface absorb the laser and turn yellow so they can be the laser and turn yellow so they can be photographed.photographed.

DNA EvidenceDNA Evidence

Blood, semen, hair, mucus and skin are Blood, semen, hair, mucus and skin are often left at a crime scene. Any of these often left at a crime scene. Any of these can be used to test for DNA and then can be used to test for DNA and then match the results to a particular suspect.match the results to a particular suspect.

Blood is the most common body substance Blood is the most common body substance found.found.

DNA, or deoxyribonucleic acid, is found in DNA, or deoxyribonucleic acid, is found in every cell of the human body and is every cell of the human body and is unique to every individual with the unique to every individual with the exception of identical twins.exception of identical twins.

DNA testing can therefore link or exclude DNA testing can therefore link or exclude anyone from a crime.anyone from a crime.

Hair and clothing fibers can also be used Hair and clothing fibers can also be used to connect a suspect to a crime scene. to connect a suspect to a crime scene.

Once the physical evidence has been Once the physical evidence has been collected it must be carefully labeled and collected it must be carefully labeled and stored.stored.

A A chain of custodychain of custody is established, a is established, a witnessed written record of all the people witnessed written record of all the people who had control over the evidence. It must who had control over the evidence. It must show…..show…..

- Who had contact with the evidenceWho had contact with the evidence- The date and time the evidence was The date and time the evidence was

handledhandled- The circumstances under which the The circumstances under which the

evidence was handledevidence was handled- What changes if any were made What changes if any were made

Arrest and DetentionArrest and Detention

Procedures dealing with arrested suspects Procedures dealing with arrested suspects are outlined in the Criminal code and the are outlined in the Criminal code and the Charter of Rights and Freedoms. If the Charter of Rights and Freedoms. If the proper procedures are not followed it may proper procedures are not followed it may lead to charges being dropped because of lead to charges being dropped because of inadmissible evidence.inadmissible evidence.

A detained or arrested person has the right A detained or arrested person has the right to remain silent, know the reason for their to remain silent, know the reason for their arrest and the right to a lawyer.arrest and the right to a lawyer.

Once an arrested person has been informed Once an arrested person has been informed of their rights, anything they say or put in of their rights, anything they say or put in writing can be used against them.writing can be used against them.

Police use a four stage approach in Police use a four stage approach in the interrogation of suspects:the interrogation of suspects:

1.1. Ask the suspect to describe the Ask the suspect to describe the entire incident.entire incident.

2.2. Describe the period just before the Describe the period just before the incident.incident.

3.3. Describe the details of the actual Describe the details of the actual offence.offence.

4.4. Describe what happened during the Describe what happened during the period after the incident.period after the incident.

The primary goal is to arrive at the The primary goal is to arrive at the TRUTH!TRUTH!

An An ArrestArrest involves legally depriving involves legally depriving someone of liberty by seizing or touching someone of liberty by seizing or touching the person to indicate that he or she is in the person to indicate that he or she is in custody.custody.

In order for the arrest to be lawful the In order for the arrest to be lawful the arresting officer must follow these steps:arresting officer must follow these steps:

1.1. Identify him or herself as a police officerIdentify him or herself as a police officer2.2. Advise the accused that he or she is Advise the accused that he or she is

under arrestunder arrest3.3. Inform the accused promptly of the Inform the accused promptly of the

charge and show the arrest warrant if one charge and show the arrest warrant if one has been obtained.has been obtained.

4.4. Touch the accused to indicate that he or Touch the accused to indicate that he or she is in custody.she is in custody.

Once the accused is in custody the police Once the accused is in custody the police must inform the person of their right to must inform the person of their right to counsel.counsel.

Another option is Another option is detentiondetention. This is . This is legally depriving a person of liberty by legally depriving a person of liberty by seizing or touching the person to indicate seizing or touching the person to indicate that he or she is in custody. It is mainly that he or she is in custody. It is mainly done to get the person to answer a few done to get the person to answer a few questions or determine if the person is a questions or determine if the person is a suspect in a crime. If you refuse to suspect in a crime. If you refuse to accompany the police you may be placed accompany the police you may be placed under arrest.under arrest.

Police must have Police must have reasonable groundsreasonable grounds to to arrest someone. This is information that arrest someone. This is information that would lead a reasonable person to would lead a reasonable person to conclude that the suspect had committed conclude that the suspect had committed a criminal offence.a criminal offence.

The police have three methods The police have three methods of apprehending an of apprehending an

offender…….offender…….1.1. Appearance noticeAppearance notice – a legal document – a legal document

usually issued for less serious offences, usually issued for less serious offences, compelling a person to appear in court.compelling a person to appear in court.

(summary convictions, less serious (summary convictions, less serious indictable)indictable)

If the accused fails to appear in court on the If the accused fails to appear in court on the specific date and time, a specific date and time, a bench warrantbench warrant may be issued. This is an arrest warrant may be issued. This is an arrest warrant issued directly by a judge when an issued directly by a judge when an accused person fails to appear in court.accused person fails to appear in court.

2. 2. Arrest with a warrantArrest with a warrant – If police believe – If police believe that a suspect will appear in court voluntarily, that a suspect will appear in court voluntarily, a a summonssummons can be issued. This is a legal can be issued. This is a legal document issued for an indictable offence, document issued for an indictable offence, ordering an accused person to appear in ordering an accused person to appear in court.court.

- Otherwise, police will obtain an arrest Otherwise, police will obtain an arrest warrant. An warrant. An informationinformation, a statement given , a statement given under oath telling the court the details of an under oath telling the court the details of an offence, is given by police before a judge. offence, is given by police before a judge. Once the police “lay an information” the Once the police “lay an information” the judge will decide if it is in the public interest judge will decide if it is in the public interest to issue an arrest warrant.to issue an arrest warrant.

- An An arrest warrantarrest warrant is a written court orderis a written court order directing the police to arrest a suspect. It directing the police to arrest a suspect. It contains the name of the accused, the charge contains the name of the accused, the charge and the reason for the warrant.and the reason for the warrant.

3. 3. Arrest without a warrantArrest without a warrant – There are – There are three circumstances under which the three circumstances under which the police can arrest a person without a police can arrest a person without a warrant.warrant.

- They have reasonable grounds to believe They have reasonable grounds to believe that a person has committed an indictable that a person has committed an indictable offence or is about to commit one.offence or is about to commit one.

- They find a person in the act of They find a person in the act of committing a criminal offence.committing a criminal offence.

- They find a person who they believed is They find a person who they believed is named on an arrest warrant.named on an arrest warrant.

All All peace officerspeace officers, including mayors, prison , including mayors, prison guards, customs officials, aircraft pilots guards, customs officials, aircraft pilots and fisheries officers, can arrest under and fisheries officers, can arrest under these circumstances.these circumstances.

A Citizens ArrestA Citizens Arrest This is an arrest without a warrant by any person This is an arrest without a warrant by any person

other than a peace officer.other than a peace officer. Immediately following such an arrest the suspect Immediately following such an arrest the suspect

must be turned over to a peace officer.must be turned over to a peace officer. A citizen’s arrest can be made under these A citizen’s arrest can be made under these

circumstances…….circumstances…….- A person whom he finds committing an indictable A person whom he finds committing an indictable

offence.offence.- A person who on reasonable grounds he believes has A person who on reasonable grounds he believes has

committed a criminal offence or is escaping from and committed a criminal offence or is escaping from and freshly pursued by persons who have lawful authority freshly pursued by persons who have lawful authority to arrest that person.to arrest that person.

- An owner of property or a person authorized by the An owner of property or a person authorized by the owner, can arrest a person whom he finds committing owner, can arrest a person whom he finds committing a criminal offence on or in relation to that property.a criminal offence on or in relation to that property.

SearchesSearches

The charter protects people from illegal The charter protects people from illegal search and seizure. Here are some of the search and seizure. Here are some of the rules regarding searches.rules regarding searches.

Searching a personSearching a person – The police do not – The police do not have to obtain a warrant to search have to obtain a warrant to search anyone they have arrested, as long as anyone they have arrested, as long as three conditions are met….three conditions are met….

1.1. The arrest is lawfulThe arrest is lawful2.2. The search must be connected to the The search must be connected to the

lawful arrestlawful arrest3.3. The manner in which the search is The manner in which the search is

carried out is reasonable.carried out is reasonable.

An impaired driver must submit a An impaired driver must submit a breath or blood sample but otherwise breath or blood sample but otherwise you can only be compelled to give you can only be compelled to give such a sample with a warrant.such a sample with a warrant.

Searching a placeSearching a place – usually must – usually must have a have a search warrantsearch warrant, a court , a court document that gives the police the document that gives the police the right to search a specific location.right to search a specific location.

In order to get a warrant the police In order to get a warrant the police must deliver a sworn information to a must deliver a sworn information to a judge, which specifies the crime, the judge, which specifies the crime, the items police are looking for and the items police are looking for and the reasonable grounds they have for reasonable grounds they have for believing the items will be found at believing the items will be found at the location.the location.

The warrant will list all of these details as well as The warrant will list all of these details as well as the date and time the police are allowed to the date and time the police are allowed to conduct their search.conduct their search.

Unless specified, the search must take place Unless specified, the search must take place within daylight hours, usually 6 am to 9pm.within daylight hours, usually 6 am to 9pm.

The police must identify themselves and show the The police must identify themselves and show the warrant before conducting the search. Other warrant before conducting the search. Other items not listed in the warrant can be confiscated items not listed in the warrant can be confiscated if they are related to the crime and in plain view.if they are related to the crime and in plain view.

Objects obtained are kept in police custody until Objects obtained are kept in police custody until the trial.the trial.

Sometimes a Sometimes a telewarranttelewarrant, a search warrant , a search warrant obtained by phone or fax, can be used if the obtained by phone or fax, can be used if the police need to act quickly.police need to act quickly.

To search a private home a warrant is almost To search a private home a warrant is almost always required. Two exceptions are imminent always required. Two exceptions are imminent injury or death to any person or the destruction of injury or death to any person or the destruction of evidence related to an indictable offence.evidence related to an indictable offence.

Procedures After ArrestProcedures After Arrest

After being arrested for an indictable After being arrested for an indictable offence, a person may expect to be offence, a person may expect to be fingerprinted, photographed and fingerprinted, photographed and sometimes, participate in a line up.sometimes, participate in a line up.

If the person is not charged or is acquitted If the person is not charged or is acquitted in court, the arrest record is kept for 10 in court, the arrest record is kept for 10 years before being destroyed.years before being destroyed.

A A line upline up, a grouping of people shown to a , a grouping of people shown to a victim or witness for the purpose of victim or witness for the purpose of identifying the perpetrator, can not be identifying the perpetrator, can not be forced upon an arrested person.forced upon an arrested person.

After the arrest procedures a person is After the arrest procedures a person is often released until the trial. often released until the trial.

Police may ask you to sign a Police may ask you to sign a promise to promise to appearappear, a signed agreement that an , a signed agreement that an accused person will appear in court at the accused person will appear in court at the time of trial. If the person doesn’t show, a time of trial. If the person doesn’t show, a warrant for arrest is issued.warrant for arrest is issued.

Some may sign a Some may sign a recognizancerecognizance, a , a guarantee that the accused will appear in guarantee that the accused will appear in court when required, under penalty of a court when required, under penalty of a fine of up to $500.fine of up to $500.

Police may also request a Police may also request a suretysurety, a , a person who agrees to make a payment if person who agrees to make a payment if the accused does not appear at trial. the accused does not appear at trial.

BailBail

BailBail is the temporary release of an accused who is the temporary release of an accused who posts money or some other security. Application posts money or some other security. Application is made before a judge.is made before a judge.

If the crown does not want an accused person If the crown does not want an accused person released before trial, a released before trial, a show-cause hearingshow-cause hearing is is held, a judicial hearing in which the Crown or the held, a judicial hearing in which the Crown or the accused has to convince the judge either to accused has to convince the judge either to detain or release the accused before trial.detain or release the accused before trial.

Cause can be that the accused may flee or that Cause can be that the accused may flee or that they may be a threat to society.they may be a threat to society.

In some cases there is a In some cases there is a reverse onusreverse onus, where , where the accused has to show why bail should be the accused has to show why bail should be granted.granted.

Reverse onus may apply when:Reverse onus may apply when:

1.1. The accused is charged with committing The accused is charged with committing an indictable offence while already out an indictable offence while already out on bail.on bail.

2.2. The offence is indictable and the The offence is indictable and the defendant is not a Canadian citizen.defendant is not a Canadian citizen.

3.3. The charge involves failure to appear or The charge involves failure to appear or breach of a bail condition.breach of a bail condition.

4.4. The accused is charged with importing, The accused is charged with importing, trafficking or possession for the purpose trafficking or possession for the purpose of trafficking, narcotics.of trafficking, narcotics.

Of course, there is always the writ of Habeas Of course, there is always the writ of Habeas Corpus.Corpus.