Chapter 7Investigation and Arrest –

Bringing the Accused to Trial

Introduction Canada’s law tries to

protect Canadian society by trying to balance the investigation and arrest rights of the police with individual rights guaranteed in the Canadian Charter of Rights and Freedoms

Individual Rights

Police Responsibility

•Investigate•Arrest

Part 1Policing

Policing $10 billion annually

(2007) 64 000 police officers Levels of Policing

Federal Provincial / territorial Municipal Aboriginal (since the

1970’s)

Federal Police RCMP (1873)

“Mounties”

Investigative and protective services to the federal government

Serve as provincial police in all provinces and territories except Ontario, Quebec and NFL

Serve as municipal police in some communities

RCMP - Responsibilities1. Border Integrity

Customs, passports, marine and ports…

2. Drugs and Organized Crime Enforcement branches and

awareness services

3. International Policing INTERPOL Ottawa,

International Affairs and Policy Development

4. Financial Crime Commercial Crime Branch,

Provincial Police Jurisdiction: Rural

areas / unincorporated regions around cities OPP Surete du Quebec Royal Newfoundland

Constabulary

Provincial Police Responsibilities Responding to municipal police requests for

assistance in emergencies

Traffic control (400-series and major highways)

Investigative services, on request of the coroner’s office

Other duties: Firearms registry, Queen’s Park / provincial government security

Municipal Police Jurisdiction over

policing in towns and cities

Funded by the municipality

Police force divided into divisions / squads Gang Crime Unit Robbery Squad Homicide Squad Explosives Disposal Unit

Municipal Police Responsibilities Preserving the peace

Preventing crimes from taking place

Assisting victims of crime

Apprehending criminals

Laying charges and participating in prosecutions

Executing warrants

Enforcing municipal bylaws

Aboriginal Policing Administered by the Dept. of the

Solicitor General Partnership between federal,

provincial/territorial governments and Aboriginal peoples to develop police services for Aboriginal communities

Provide services that are professional and in touch with the culture and needs of the community

1st - Dakota Ojibway Police Service, Manitoba (1977)

Part 2Starting a Police Investigation

The Crime Scene Location where the crime

takes place

Arriving officers 3 tasks:1. Call ambulance / assist

injured people2. Call reinforcement to help

eliminate any hazards – pose risk

3. Search for suspects (must assume that the suspects are present and armed)

Protecting and Preserving the Crime Scene A prosecutor's success

often depends on the condition of the physical evidence taken from the scene of a crime

Establish 2 boundaries1. Centre – where the

offence was actually committed

2. Perimeter – surrounding area where the alleged offender my have left evidence

Protecting and Preserving the Crime Scene continued1. Perimeter: allows a

thorough search of the scene (seize and collect physical evidence that is admissible in court)

2. Contamination – loss, destruction, or alteration of physical evidence

3. Police log – written record of what an officer has witnessed or learned at a crime scene

Written records, photographs……

Officers’ Role at a Crime Scene (4 types)1. “Patrol Officer”

An area / “beat” they check regularly

Usually 1st at a crime scene

Secure the crime scene and ensure no evidence is lost (wrap yellow tape)

Conduct initial interviews of witnesses

Arrest suspect if they come upon a crime in progress

Officers’ Role at a Crime Scene (4 types)2. “Scenes of crime

Officer” Trained in evidence

collection and preservation techniques (photography, lifting fingerprints, and foot and tire prints, blood and hair samples)

Less serious crimes (B&E)

Officers’ Role at a Crime Scene (4 types)3. “Criminal identification

Officer” Searching the crime

scene Gathering physical

evidence and sending it to a laboratory for evidence

More serious crimes

Officers’ Role at a Crime Scene (4 types)4. “Criminal identification

bureau Officer” Plainclothes detective Experienced in a particular

area of crime Supervise the investigation Interview victims and

witnesses Interrogate suspects Draw conclusions from

physical evidence Arrest suspects

Identifying and Collecting Physical Evidence

Physical Evidence Any object, impression,

or element that can be used to prove or disprove facts relating to an offence

Can carry greater weight in court than witness statements

Forensic science Use of biochemical and

other scientific techniques to analyze evidence in a criminal investigation

Laboratories Give expert testimony

at trials and inquests Pathologist - autopsy

Evidence continued Impressions

Class characteristics Individual characteristics

Fingerprints Visible Latent

Glove prints Gloves DNA