UNIT 6
INVESTIGATION
AND
ARREST
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
Ronald Dalton
8 years
Greg Parsons
3 months
Randy Druken
6 years
What factors can lead to the arrest and conviction of
innocent people?
1.
2.
3.
4.
Police rush to convict – do not investigate properly.
Witnesses lie to police.
Defence does not defend adequately.
Jury / judge makes a mistake.
Police in Canada
There are 3 levels of police in Canada:
1. Federal police.
2. Provincial police.
3. 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.
The RCMP have responsibility in 8 areas:
1. Customs and Excise – investigates smuggling goods into
Canada and not paying taxes on Canadian goods.
2. Drug Enforcement – enforces drug laws especially drug
smuggling.
3. Economic Crime – involves fraud, organized crime and
counterfeit money.
4. Federal Policing – involves public safety and consumer
protection issues.
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.
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.
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
Criminal Investigations Bureau Officer
•
•
•
•
•
specializes in particular crimes
interviews witnesses
questions suspects
draws conclusions from evidence
arrests suspects
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:
1.
2.
3.
4.
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.
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)
Types of impressions:
1. 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.
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
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
How is DNA used in police
investigations?
1. Police give sample to
lab.
2. Forensic scientist
extracts DNA and
creates a DNA profile.
3. Profile is compared to
suspects or those on file.
4. If they match, came
from same person.
5. If no match, look for
different suspect.
Read Case Studies Pages 199 & 201.
Complete Police Investigation Report
Worksheet.
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:
1.
2.
3.
4.
the entire incident
the period before the offence took place
the details of the actual offence
the period following the offence
There are 4 steps in a lawful arrest. The police must:
1.
2.
3.
4.
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)
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:
1. They have reasonable grounds to suspect a person has
or is about to commit a crime.
2. They catch a person committing a crime.
3. 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)
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:
1.
2.
3.
4.
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.
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:
1. Harm to a person is suspected.
2. 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.
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.