Lecture01.pptx

Laws 1123 LAW ENFORCEMENT PRINCIPLES Attendance:  NOT TAKEN IN CLASS, but exams come from IN CLASS NOTES.  The notes will be posted on BlackBoard.  Any additions, deletions or modifications to the notes will ONLY BE GIVEN IN CLASS Academic Misconduct:        Cheating: Zero Tolerance...

Laws 1123 LAW ENFORCEMENT PRINCIPLES Attendance:  NOT TAKEN IN CLASS, but exams come from IN CLASS NOTES.  The notes will be posted on BlackBoard.  Any additions, deletions or modifications to the notes will ONLY BE GIVEN IN CLASS Academic Misconduct:        Cheating: Zero Tolerance. Lateness: If you’re late do not enter. Wait for the break. Conduct: THIS IS ADULT LEARNING. Code of Conduct: I will decide what is disruptive. Answering in class: PUT YOUR HAND UP! Cellular Phones: Silent/off and AWAY Laptops: They are permitted, but for note taking only. Availability:  If you have an issue, question, concern, see me before, during, after class. Missed Classes:  IT’S YOUR RESPONSIBILITY. The Marks:  1st EXAM……30%  2nd EXAM….. 30%  3rd EXAM….. 40% (final)  All scantron BREAK Introduction: Definitions:       Public Police Private Police Reasonable Grounds Find Committing Arrest Detention Public Police:  3 Levels Federal RCMP Provincial OPP Municipal NRPS, Toronto, Hamilton       Enforce All Offences everywhere (PP) PAID BY THE T A X P A Y E R S All 3 levels find their powers under law in the Criminal Code. What’s the CC? It’s a FEDERAL DOCUMENT MOST IMPORTANT is the Powers of Arrest All 3 levels of police have the same powers under the C.C. Case Study:  You are hired by the NRP. Your friend was hired by the RCMP.  Who has MORE Authority to arrest under the Criminal Code? EQUAL- NRP is Municipal/ RCMP is Federal but their powers are all the same. If their powers of arrest are the same, what differs between the NRP and RCMP?    J U R I S D I C T I O N What’s JURISDICTION?      A police service’s Boundaries or Area of coverage RCMP- Airports, federal buildings and contract policing. Contract police: ie Western Canada. OPP- King’s Highways and smaller, contract policing areas in Ontario. ie rural Ontario. NRPS- Everything else. Case Study:   A police officer is dispatched to a disturbance/fight at the Rex Hotel in Welland. Will the RCMP attend? No  Will the OPP attend? No  Will the NRPS attend? Yes, but why? JURISDICTION. The Rex is in Welland. Welland is in the Region of Niagara. This region is policed by the NRPS. A Quick Review:      Public police- Fed, Prov, Mun. What is the Criminal Code of Canada? A Federal Document What is Jurisdiction? Our boundaries/area of policing Private Police: (Security)  Police private businesses.  Paid by Private Company NOT TAXPAYERS  Private security prevent and investigate offences on their property.  Examples- Rental security, banks, casinos etc… Case Study:  Walmart security catches a bad guy shoplifting.  Security guard is a witness. May arrest in some situations Must call police Public Police attend (NRPS) Continue Arrest Determine Release Question Bad Guy Investigate Further Charge Crim. Court Star Witness Security Intro to Powers of Arrest Found in the C.C 2 Classifications Peace Officers sec2 CC Police officer Mayor Warden Sheriff Corrections Officer (at work) Pilot in Flight CBSA Bailiff Armed Forces Citizens (no legal def.) Rental security P.I’s Bouncers Security guards Corporate investigators Casino security Armed Vehicles (Brinks) Who has more Power’s of Arrest?   THE PUBLIC POLICE Public Police and Private Police power’s of arrest are found in C. C.  Sec 494 CC  Sec 495 CC A Quick Review:  Private police (security) are paid by the company NOT TAXPAYERS  Security guards often become the ‘star witness’ at trial  Who has MORE powers of arrest? The PUBLIC police (RCMP/OPP/NRP)  Where are powers of arrest found 494CC and 495CC Reasonable Grounds:  Where is RG defined?  Not in any statute case law Reasonable Grounds is…  A set of facts or circumstances that causes a person of ordinary and prudent judgment to believe beyond a mere suspicion. THE STANDARD A set of facts or circumstances Evidence People (observations) Things (items) ‘physical evidence’ weapons bodily substances fingerprints BG’s actual prints(compare to real) Impression prints tires,tools,gloves Ordinary prudent person  1st opinion is from police (law enforcement)  2nd opinion is from trial judge  Ordinary prudent person refers to trial judge REASONABLE PERSON TEST To believe  Ultimately, what is RG?  belief or opinion Beyond a mere suspicion  To understand BMS, lets define MS.  Mere suspicion ‘unsubstantiated rumor or gossip’ means NO EVIDENCE Mere suspicion is belief NOT based on any evidence. Forming suspicion can be elevated to reasonable grounds  The difference between mere suspicion and reasonable grounds EVIDENCE What is RG? When do I have RG?  1- Confession to ANYONE BG tells police robbed the bank BG tells friend robbed the bank BG tells a stranger robbed the bank  2- At least 1 credible eyewitness The eyewitness witnessed all facts in issue In other words, the good guy saw the entire event and reports it. But what if the good guy is a liar and is dishonest with the police? Will be charged with Public Mishief.  3- Some kinds of circumstantial evidence. we will study 2 types of CE Positive match on fingerprints Positive match on DNA A Quick Review:  RG is found in case law  Know/understand the definition of RG  Mere suspicion means ‘unsubstantiated rumor or gossip’ NO EVIDENCE  Suspicion can be elevated to RG  When do you have RG? 1-confession to anyone, 2- at least one credible witness, 3- some kind of circumstantial evidence (FG/DNA match)