LAWS 3000 Week 3 Winter 2025 PDF

LEARNING THAT TAKES YOU BEYOND INVESTIGATIONS & FORENSIC EVIDENCE LAWS 3000 | SGT. SHERRI ST.CYR  WEEK THREE 2 WEEK THREE FOCUS 2 1. Offence recognitio...

LEARNING THAT TAKES YOU BEYOND INVESTIGATIONS & FORENSIC EVIDENCE LAWS 3000 | SGT. SHERRI ST.CYR  WEEK THREE 2 WEEK THREE FOCUS 2 1. Offence recognition 2. Evidential rules 3. Fingerprints 4. Document analysis 5. Scenario: Investigation continued Learning that takes you beyond jibc.ca Justice Institute of British Columbia  LEARNING THAT TAKES YOU BEYOND 1. OFFENCE RECOGNITION  WEEK THREE 4 WHAT IS A WEAPON? 4 Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 5 LEGAL DEFINITION OF A WEAPON (SECTION 2 CCC) 5 Weapon means any thing used, designed to be used or intended for use (a) in causing death or injury to any person, or (b) for the purpose of threatening or intimidating any person and, without restricting the generality of the foregoing, includes a firearm and, for the purposes of sections 88, 267 and 272, any thing used, designed to be used or intended for use in binding or tying up a person against their will Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 6 OFFENCE RECOGNITION 6 Offence recognition – recognizing an offence has been committed activates investigator to look for evidence to support elements of offence. Does this photo show an offence? Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 7 DO YOU HAVE AN OFFENCE? 7 Criminal, civil, or no offence? 1. Taking photographs of children in a park 2. Tenant is 90 days late paying their rent 3. A person lost their phone on the bus. When they call the phone, a person answers the phone and says they will give it back for $100 4. A passenger refuses to pay a taxi driver after their trip 5. Two parents are arguing over custody of their children Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 8 SINGLE VEHICLE ACCIDENT RESULTING IN DEATH 8 Criminal? Drugs / alcohol Speed Fighting with passenger Stunt-driving Accidental? Swerving to miss a pedestrian or animal Medical? Previous medical issues Unknown diagnosis New medication symptoms Learning that takes you beyond jibc.ca Justice Institute of British Columbia  LEARNING THAT TAKES YOU BEYOND 2. EVIDENTIAL RULES  WEEK THREE 10 WHAT IS EVIDENCE 10 Is anything that a judge permits to be offered in court to prove the truth or falsity of the question at issue Can be testimony, writings, material objects, or other things presented to the senses to prove or disprove a fact Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 11 EYEWITNESS & PHYSICAL EVIDENCE 11 Two main categories of evidence we rely on: Eyewitness Evidence Physical Evidence High probative value if a credible eyewitness with Allow the court to consider connections of the good physical, mental capabilities and who has seen accused to the crime scene or the accused to the the crime take place or can place the accused near victim the crime scene or with the victim Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 12 RULES OF EVIDENCE 12 Relevance Admissibility Best evidence rule Hearsay Inculpatory and exculpatory evidence Exclusion of evidence Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 13 RELEVANCE 13 Defined as evidence that includes the following aspects of the offence: The time and date of the offence The identity of the accused The criminal acts within the offence itself The place of the offence If it does not include any of these, evidence will not be considered relevant to the charge and will not be accepted by the court Example of non-relevant evidence is a witness's sexual history Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 14 ADMISSIBILITY 14 All relevant evidence is admissible, unless it has to be excluded due to another rule of evidence For example, a conversation between a suspect and his/her lawyer is inadmissible (protected under solicitor/client privilege) Learning that takes you beyond jibc.ca Justice Institute of British Columbia ThePhoto by PhotoAuthor is licensed under CCYYSA.  WEEK THREE 15 BEST EVIDENCE RULE 15 The best available evidence on any given issue should be presented wherever possible Except when it is not practical such bringing the burnt-out car to court Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 16 HEARSAY 16 Generally considered to be inadmissible in court at the trial of an accused person for several reasons; however, there are exceptions The court will consider accepting hearsay evidence as an exception to the hearsay rule in cases where: 1. There is a dying declaration 2. A witness is the recipient of a spontaneous utterance 3. The witness is testifying to hearsay from a child witness who is not competent Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 17 INCULPATORY AND EXCULPATORY EVIDENCE 17 Inculpatory evidence - directly or indirectly links an accused person to the offence being investigated Exculpatory evidence - shows the accused person did not commit the offence **It is not our job to “cherry pick” evidence that fits our investigation** Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 18 EXCLUSION 18 Court has the authority to accept or exclude any evidence presented Use of voire dire (trial within a trial) Physical evidence may be admitted or excluded on the basis of: If the evidence was lawfully seized How the evidence was collected, marked, and preserved If the evidence was somehow Fruit of the poison tree doctrine contaminated Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 19 SEARCH AND SEIZURE 19 Section 8 of the Charter states “Everyone has the right to be secure against unreasonable search or seizure” Individual's right to be secure from state interference versus the state's focus of detecting, proving and punishing crime In absent of exigent circumstances, the state requires a judicial authorization to search and seize items Search must be authorized by law, the law must be reasonable, and the search must be conducted in a reasonable manner Your home is your castle Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 20 SEARCH AND SEIZURE OF EVIDENCE 20 Investigators may search for and seize or receive items of evidence: 1. Consent of the person being searched 2. Search incidental to the lawful arrest of a suspect 3. Safety search incidental to the lawful detention of a suspect 4. Plainview doctrine 5. Abandoned property 6. Judicial authorization under Section 487(1) CCC Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 21 WHEN DO WE NEED A WARRANT? 21 What is a search - An examination by a state agent which constitutes an intrusion upon the citizen’s reasonable privacy interest What is a seizure - A non-consensual taking of an item by a state agent where the citizen has a reasonable expectation of privacy What is a warrant - Judicial authority to search or seize: Specific things or information Related to offence(s) In or from a place or person Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 22 COMMON JUDICIAL AUTHORIZATIONS 22 1. Production order - obtain business records 2. DNA warrant - request DNA from a person 3. Blood warrant - impaired operation offences 4. Search warrant - search a residence, vehicle, item 5. Feeney warrant - enter a residence to effect an arrest 6. General warrant - anything not covered by the Code (for example, facial recognition) Learning that takes you beyond jibc.ca Justice Institute of British Columbia  LEARNING THAT TAKES YOU BEYOND 3. FINGERPRINTS  WEEK THREE 24 WHAT IS A FINGERPRINT 24 It is the impression that is made by the ridges and valleys on the ends of the fingers and thumbs Fingerprints are believed to afford an infallible means of personal identification Develop in the womb and does not alter with growth and/or age Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 25 UNIQUENESS 25 Arrangement of ridge formations on every finger of every human being is unique To date, no two fingers have yet been found that have identical characteristics Even among identical twins, making them a crucial tool for identification Fingerprint individuality is not based upon, age, size, gender, or race Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 26 UNIQUENESS 26 Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 27 HISTORY 27 Ancient history - fingerprints were used for business transactions and legal documents 200 BC – Chinese records detailed use of handprints as evidence 1880 – Henry Faulds developed first ever fingerprint classification system based on arches, loops and whorls 1890s – Alphonse Bertillon developed system of identifying criminals; Edward Henry developed the classification system based on direction, flow, pattern of friction ridges Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 28 DACTYLOSCOPY 28 The practice of utilizing fingerprints as a means of identification is referred to as dactyloscopy Derived from the Greek word "daktylos" for "finger" Detection, comparison, identification of finger impressions Locard's exchange principle – fingermarks left behind a criminal at a crime scene Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 29 TYPES OF PATTERNS 29 Loops Arches Whorls Most common type of Least common type, Circular patterns that fingerprint pattern, known for their wave-like create a spiral characterized by ridges structure that rises in the appearance, with at least that enter and exit from center two deltas the same side Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 30 SKIN 30 Skin is the outer covering of the human body and is in itself, the largest and heaviest organ of the body There are two types of skin on the human body: 1. Smooth Skin – comprises the majority of skin on the human body, back, arms, legs, etc. 2. Volar skin – furrowed hairless skin that is found on palms on your hands, soles of the feet, underside of fingers and toes Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 31 SKIN 31 Smooth Skin: Contains hair Contains sweat glands Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 32 HAIR 32 Hair Hair, in mammals, the characteristic threadlike outgrowths of the outer layer of the skin (epidermis) that form an animal’s coat Hair is present in differing degrees on all mammals and can be abundant enough to form a thick coat Humans are among the most hairless of all mammals Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 33 SWEAT GLANDS 33 Sweat glands, particularly eccrine glands, are abundant on the fingertips and secrete moisture This moisture mixes with oils and debris, leaving behind the distinct ridge patterns of fingerprints on surfaces Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 34 FINGERPRINT IDENTIFICATION 34 Fingerprint identification is based upon 4 foundational premises: Friction ridges develop in their definitive form in the womb. Friction ridges remain unchanged throughout life, except for permanent scarring. Friction ridge patterns and the details contained within are unique. Ridge patterns may vary with certain limits that allow for patterns to be classified. Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 35 OBTAINING FINGERPRINTS AT CRIME SCENES 35 1. Dusting for prints with fine powder: This technique allows for the visualization of latent prints that are otherwise invisible to the naked eye as the dust adheres to the oils and sweat left behind 2. Chemical methods: This process is used to develop fingerprints on porous surfaces, such as paper. Ninhydrin reacts with amino acids in sweat, revealing a colored print, which can then be lifted or photographed 3. Latent print lifting: This process involves carefully placing the tape over the print and then lifted fingerprint can then be analyzed and entered into databases for comparison Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 36 MANUAL FINGERPRINTING 36 Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 37 DIGITAL PROCESSING PRINTS 37 Fingerprints are scanned into a digital database, facilitating easy retrieval and comparison during investigations This technology has significantly enhanced the efficiency of fingerprint analysis The digital format allows for advanced searching techniques and quick access to databases Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 38 AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AFIS) 38 An automatic pattern recognition system consisting of: Data acquisition – fingerprint submissions to AFIS system Feature extraction – fingerprint patterns classified by AFIS Decision making – comparison with fingerprints on file Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 39 LINKING CRIME SCENES 39 Fingerprints can help link different crimes together if the same person was involved, providing insights into criminal patterns When prints from different scenes match, it suggests a connection, which can lead to more extensive investigations This linking capability is vital for understanding a suspect's criminal history Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 40 IDENTIFICATION OF SUSPECTS 40 Fingerprints are used to match suspects to crime scenes or victims, providing critical evidence in investigations When a fingerprint is found at a crime scene, forensic experts can compare it to known samples to identify potential suspects This method has proven especially valuable in resolving cases that lack other evidence Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 41 CHALLENGES IN FINGERPRINT ANALYSIS 41 Fingerprint evidence can be challenged in court, raising questions about its admissibility Issues include: Poor quality of prints due to surface texture and environmental conditions can affect print clarity Human error in printing (for example, left to right) Human error in analysis (for example, matching process) Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 42 CAN FINGERPRINTS BE CHANGED? 42 The FBI conducted a study (2014) of altered fingerprint records: 412 fingerprint records Most were arrested for drug- related offences Extensive criminal records Methods to mutilate were cuts, intentional burns, bites, sandpaper Learning that takes you beyond jibc.ca Justice Institute of British Columbia  LEARNING THAT TAKES YOU BEYOND 4. QUESTIONED DOCUMENTS  WEEK THREE 44 WHAT IS A QUESTIONED DOCUMENT 44 Any object that contains handwritten or typewritten/printed markings whose source or authenticity is in doubt is considered a questioned document A forensic analysis can exam the document to establish authenticity, detect forgery, or identify individuals through handwriting and other features Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 45 DOCUMENT EXAMINATION 45 Involves the analysis and comparison of questions documents with known material (exemplars) in order to identify whenever possible, the author or origin of the questioned document Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 46 TYPES OF QUESTIONED DOCUMENTS 46 Handwriting Analysis - Identification of individual writing styles; used in cases of ransom, suicide notes, wills, cheques Document Alterations - Detection of modified or falsified documents; includes checks, licenses, certificates, passports, receipts Counterfeit and Forgeries - Examination of counterfeit money, lottery tickets, historical documents, forged artworks Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 47 HANDWRITING ANALYSIS 47 Two phases: 1. Hardware – use of ink, paper, pens, pencils, typewriters, printers, 2. Visual examination of the writing Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 48 HANDWRITING COMPARISON 48 Overall form – size, shape, slant, proportion, beginning and end strokes of letters Line features – pen pressure, spacing between letters and words, how letters are connected Margin and format – width of margins, crowding Content – grammar, punctuation, word choice, repeated phrases, spelling mistakes Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 49 HANDWRITING EXAMPLE 49 Signature in red was from questioned document Signature in grey was from known signature Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 50 TYPES OF FORGERY (HANDWRITING) 50 Blind forgery – made without a model of the signature or the writing being forged Simulated forgery – made by copying a genuine signature Traced forgery – one made by tracing a genuine signature Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 51 ALTERED DOCUMENTS 51 Document Alterations: Detection of modified or falsified documents such as cheques, licenses, certificates, passports, receipts Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 52 REAL OR FAKE? 52 Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 53 TYPES OF FORGERY & COUNTERFEITS 53 Cheque fraud – forgery, counterfeit, alterations (for example, bank drafts) Paper money – counterfeit Identity – driver's licenses, passports Credit cards – theft of card or number Art – imitation with intent to deceive Contracts – alterations of contracts, Ojib we a rtist No rva l Mo rrisse a u fra u d medical records Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 54 VOLUME OF COUNTERFEIT CDN BANK NOTES PASSED 54 Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 55 CURRENT TRENDS 55 1. Since 2014, there has been a large decline in the amount of counterfeit currency detected in circulation due to polymer series bank note 2. Criminals have shifted their approach by altering counterfeits, or using poor quality paper reproductions that can be mistaken for real money 3. Shift to a higher denomination - $20 notes would be the counterfeit of choice, as the point-of-sale might not give the same amount of scrutiny as higher bills and could more easily fly under the radar Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 56 THE ART OF MAKING MONEY 56 Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 57 FAMOUS CASE OF FORGERY 57 Frank William Abagnale, Jr. During the 1960s and 1970s cashed more than $2 million in fake checks Posed as a doctor, a lawyer, a college professor, and a Pan-Am pilot Convicted felon Consultant to the FBI and other agencies Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 58 ART FORGERY - NOAH CHARNEY 58 Learning that takes you beyond jibc.ca Justice Institute of British Columbia  LEARNING THAT TAKES YOU BEYOND 5. INVESTIGATION CONTINUED  WEEK THREE 60 FINGERPRINT ON A SAFE 60 A single fingerprint was located on a safe in the backroom of the jewelry store The print was sent to Ottawa and still awaiting results Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 61 EYEWITNESS 61 An elderly female had been walking her dog on 16th Avenue at 0440 hours on the morning of the break and enter She had been crossing the road when she was almost hit by a white sports car speeding along 16th avenue towards Highway 99 The female called 911 to report the incident and provided a partial BC plate of “TN2” Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 62 SUSPECT VEHICLE 62 CCTV canvas was conducted in the immediate area Footage of the suspect vehicle was located although grainy (see photo) Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 63 SUSPECT VEHICLE 63 On January 13th, the suspect vehicle was located on fire in remote part of Mission The car was missing plates Trace evidence including paint chips and arson exhibits were collected Awaiting results for accelerants and paint chips to be matched to parking lot crime scene Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 64 FTP RENTALS 64 Based on VIN number, it was later identified having belonged to FTP Rentals at 3820 McDonald Road in Richmond The license plate associated to the VIN number was BC plate TN200P An investigator attends the office of FTP Rentals to find out more information and an employee tells the officer they will not release any information without a production order Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 65 PRODUCTION ORDER RESULTS 65 The results of production order included the driver’s license provided at the time of the rental The name on the driver’s license used to rent the vehicle was a “Sam GARCIA” The driver’s license was deemed a fake as “Sam GARCIA” had his driver’s license seized several months ago Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 67 SCENARIO: TEAM SCENARIO 67 Break into your teams to discuss the following questions: What offences are you now investigating? What do you know about the suspects? What evidence do you have now? What are your next investigative steps? Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 68 WHAT OFFENCES ARE YOU NOW INVESTIGATING? 68 Arson Fraud Break and Enter Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 69 WHAT DO YOU KNOW ABOUT THE SUSPECTS? 69 Four suspects (at least) - 1 named Sam GARCIA Had a getaway car planned (due to the arson) Has area knowledge of Mission – possibly one of them lives there? Involved in fraud Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 70 WHAT EVIDENCE DO YOU HAVE NOW? 70 Fingerprint on the safe Arson crime scene – trace analysis BCDL card Eyewitness Learning that takes you beyond jibc.ca Justice Institute of British Columbia  WEEK THREE 71 WHAT ARE YOUR NEXT INVESTIGATIVE STEPS? 71 Police database queries of “Sam GARCIA” – what is known about GARCIA, associates Search of social media, online presence Attend address of “Sam GARCIA” BOLO Cell phone tracker Learning that takes you beyond jibc.ca Justice Institute of British Columbia