Law - Chapter 7 Investigation and Arrest

Three tasks the police must complete when they arrive at a crime scene

1. Call ambulance to help any injured people at the scene

2. Call reinforcements to help deal with any dangers that pose as a risk

3. Continue search even when the perpetrator has left.

Two boundaries the police establish at a crime scene

The center and perimeter. The center is where the offence was committed. The perimeter is where the accused may have been present or where they have left evidence

Contamination of Evidence

Refers to the alteration or introduction of foreign materials to evidence gathered at a crime scene, which can compromise the integrity and reliability of that evidence.

Example of contaminated evidence

Fingerprints on a knife that was found at the scene of the crime that was used by the accused. This hurts the Crown’s case against the accused because there is evidence that the knife was used by the accused

Use of police log

To document the police’s daily activities that helps them recall events, especially useful when testifying for trials

Patrol officer

Maintains order and protects a community by enforcing laws. Assigned to an area to prevent illegal activity and ensure safety for citizens.

e.g. Direct traffic, write tickets, investigate accidents and crimes and respond to calls for help.

Criminal identification officer

Collects, analyzes, classifies, and photographs physical evidence and fingerprints to identify the criminal. They are at the scene of crime and obtains evidence.

Physical evidence

Carries more weight in a court of law because you can see the evidence, which proves/disproves facts about the offence

Witness testimony

Evidence spoken by a witness, carries less weight in court because it can be inaccurate

Class characteristics

Not unique to a single object, places particular bits of evidence into a group of objects

Individual characteristics

Narrow down the evidence to a single individual source

Process of “lifted” latent fingerprints

Latent fingerprints are formed by the skin’s natural oils and perspiration.

1. Dust the surface of where the fingerprints could be found using a fingerprint powder

2. Remove any excess powder by blowing on the surface with a small can of compressed air or by brushing lightly across the surface.

3. Use adhesive tape and stick it to the suspected area to “lift” the fingerprints

4. Put the adhesive tape onto a white cardboard surface

Most common body substance found at a crime scene

Blood

DNA profiling

Extracting DNA to identify the perpeptrator

Significance of Chain of Custody

Important to a police investigation since it proves what the evidence has been through depending if it was altered during any event of the crime

Right to remain silent

Police cannot force you to answer questions due to Section 7 of the Charter of Rights and Freedoms

Procedure of police making a legal arrest

1. Introduce themselves as a police officer

2. Tell the accused that they are being arrested

3. Tell the accused their charge and show an arrest warrant if possible

4. Touch the accused to tell them that they are in legal custody. Then inform the accused the right to counsel

Similarities of arrest and detention

Have the right to remain silent

Differences of arrest and detention

Arrest legally deprives someone of liberty by seizing or touching the person to indicate that they are in custody. Detention legally deprives someone of liberty with the purpose of questions or without physical restrants.

Can a police officer arrest a suspect on the mere suspicion that they have committed a crime?

No because they must have some proof that an offence has been committed, and they must have reasonable grounds for suspicions that the person they wish to arrest was the offender

Why are citizen’s arrest seldom made?

1. People may be afraid they may be sued for false arrest while doing a citizen’s arrest

2. Afraid of being sued for injuring the suspect in a fight

Three conditions that must be satisfied for the police to search someone without a warrant

1. The arrest must be lawful

2. The search must be connected to the lawful arrest

3. The manner the search is carried out must be reasonable

Circumstances the police compel a person to supply a breath, blood, or urine sample

Cases where the suspect is convicted for impaired driving

Types of offences must a person not be fingerprinted and photographed

Any suspect that has not been arrested

Three types of pretrial releases

1. When a person has been arrested and gets both their fingerprints, the police may release the accused until trial

2. Mental health and any offence that carries a fine of $5000 or less.

3. When they sign a promise to appear.

Reverse Onus

When the burden of proof shifts and instead of the crown trying to prove the accused should stay, the accused has to show that bail should be granted

Show-cause hearing

An accused person is entitled to a ___ if the Crown does not want the judge to grant bail

Search warrant

A ___ gives police the right to examine a particular place, such as a suspect’s apartment

Citizen’s arrest

Anyone who sees another person commit a crime may conduct a ___

Physical evidence

A fingerprint is an example of the ___ an offender may leave at a crime scene

Recognizance

Guarantee that the accused will appear in court under penalty of a fine