Lecture02.pptx

Questions:               What are the three levels of public police in Canada? What can the C.C. be referred to as? What is Jurisdiction? A Warden is a _________, where as a Brinks, armed worker is a ______? Where do you find the powers of arrest? True/False- Mere suspicion cannot be...

Questions:               What are the three levels of public police in Canada? What can the C.C. be referred to as? What is Jurisdiction? A Warden is a _________, where as a Brinks, armed worker is a ______? Where do you find the powers of arrest? True/False- Mere suspicion cannot be elevated to RG? Generally speaking, what is a security guard? Who pays for police officers? Which level of policing has more authority? Positive matches on fingerprints and DNA are known as some kinds of __________? A set of ____ or _______that causes a ______ of ordinary and ______ judgment __ _______beyond a ____ __________. Reasonable Grounds is found in _________? Mere Suspicion mean a lack of ________? When do you have Reasonable Grounds?  1  Case Study:  The complainant, Mrs. Jones reports to you that she went           out, left her wallet at home and when she returned the wallet was open and $75 was gone. No other evidence. What’s the offence? Break and Enter Who is our first suspect? Mrs. Jones Eddie (18yrs) lives next door has a criminal record and has been in trouble his whole life. She also knows Eddie has a drug problem. Is Eddie a suspect in this Break and Enter? YES What level of belief do you have at this moment? Mere Suspicion. At this time it is only unsubstantiated gossip. Not fact You get a description of Eddie and go next door.  You knock, Eddie comes to the door. You tell him your investigating                  a Break and Enter. Can you compel him to speak with you? No Can you enter the home to further this investigation? No You knock again and Eddie comes back to the door. He begins to talk with you. During the interview, Eddie says, “I took the cash and I’m really sorry.” CONFESSION to POLICE What is your level of belief? REASONABLE GROUNDS Eddie committed the B&E. How did this elevate from MS. to RG? A confession to ANYONE (police) equals reasonable grounds. What offence(s) did Eddie commit? Break and enter and Possession of Property Obtained by Crime. Can you arrest Eddie right now? Yes. Why? Confession to police = RG’s the offence of B&E/POSP was committed by Eddie Can a citizen (Mrs. Jones) arrest Eddie right now for the same offences? No. Why? Does RG Mean 100% Positive Belief Beyond ALL Reasonable Doubt?  NO Trial Convicti on RG MS  It is not defined anywhere as requiring 100% Find Committing:  Find committing is defined in case law. 2 Parts a) Seeing the entire offence committed and the BG stays at the scene b) Seeing the entire offence committed and the BG leaves the scene and you pursue him continuously until arrested Seeing Entire Offence + BG stays at scene  You witness the ENTIRE offence committed by the BG and the BG stays at the scene. Entire offence is made up of Components/Elements FACTS IN ISSUE EXAMPLE of Facts in Issue  Break and Enter Facts in Issue Each of these for B&E words has a break enter theft place C.C. definition What does “Entire” mean?  Entire means you MUST witness/see all the     facts in issue (components/elements) of the offence. Often, people see the aftermath or end result of an offence; however, they did NOT witness the entire offence from beginning to end. This is NOT Find Committing EG the complainant reports to you, “I heard an argument. I heard a thud and then I saw the BG running away.” Did the complainant find committing? No Seeing Entire Offence + BG Leaves Scene + pursued continuously and BG arrested  You witness the ENTIRE offence committed by the bad guy PLUS the bad guy flees from the scene PLUS you pursue (chase) BG CONTINUOUSLY until BG is apprehended. “CONTINUOUSLY”  Defined in case law as: Never lose sight of bad guy between two time periods. #1 End of Offence and #2 The apprehension of the BG Case Study:  You are a Walmart Security Guard and see a BG stealing a Bruce Springsteen CD “Greetings from Asbury Park N.J.”  The BG runs from the store with the CD. You begin to chase him. During chase you lose sight of him for 3 minutes. Then you positively see the BG in the parking lot. He yells “YOU SUCK RENT-A-COP.” The BG gets in his ‘99 Ford Taurus and flees the scene.  What level of belief do you have, right now? MS RG FC Nothing  Two days later, the same BG comes back into Walmart, you see him. Now what level do you have? REASONABLE GROUNDS  Why?  You lost sight of him two days (prior for 3 minutes.)  You also review surveillance tapes of the theft. IMPORTANT- video is only OPINION evidence. It can NEVER be enough to form FINDS COMMITTING. Short Case Studies:  1: You are on foot patrol in the Pen Centre Shopping Mall. You are approaching SEARS and see a male dressed in black running out of the store with a DVD player under his arm. What level of belief?  2: You are on foot patrol in the Pen Centre Shopping Mall. You are approaching SEARS and see a male in black running out of the store with a DVD player under his arm. Seconds later you see a security guard chasing him. The security guard yells “ I’m a security guard he just stole that DVD player. What level of belief?  MS RG FC Nothing  3: You are driving in a police cruiser in downtown St. Catharines. You see a known criminal. He looks at you, turns around and starts to run. What level of belief?  4: You’re on foot patrol at 2am. You see a guy you arrested two days ago for Break and Enter. When he sees you, he turns around and runs away. What level of belief?  5: You’re on foot patrol. You see a guy that you arrested last week for Break and Enter. He is walking out of a house. What level of belief?  MS RG FC Nothing  6: You’re on foot patrol. You see a guy lying on the ground. He is bleeding. There is a guy standing next to him rubbing his hand.  What level of belief?  MS RG FC Nothing 6: continued…  You ask the guy bleeding, “what happened?” He says, “that guy hit me.” What level of belief?  MS RG FC Nothing  7: Your on foot patrol. You see a guy lying on the ground. He is bleeding. There is a guy standing next to him rubbing his hand. There is another guy across the street. He tells you, “ the guy rubbing his hand hit that dude on the ground.”  What level of belief?  MS RG FC Nothing  8: Your on foot patrol and see a guy punch another guy in the face. What level of belief?  MS RG FC Nothing 8: continued…  You’re on foot patrol and see a guy punch another guy in the face. He sees you and runs away. You chase him and lose him for 2 minutes. A few minutes later, you see him walking out of a dark alley. What level of belief?  MS RG FC Nothing  9: You’re a civilian and are walking in downtown St. Catharines. You see a guy walk up to a store front window and smash it with his fist. He see’s you and runs away. You chase him but lose him. Four minutes later you see him. What level of belief?  MS RG FC Nothing CALL THE POLICE Arrest or Detention  Arrest is defined in case law.  Arrest is defined in two ways. Actual restraint (verbal) on a persons liberty, without that persons consent OR, Physical custody of a person with the intent to detain. Detention  Detention is defined in case law  R v THERENS (1985)  Detention is defined in three ways. The deprivation of liberty by physical constraint OR, The assuming of control over a person by demand (verbal) or direction of a police officer OR, ARREST AND DETENTION ARE THE SAME  Detention is defined in three ways. The deprivation of liberty by physical constraint OR, The assuming of control over a person by demand (verbal) or police officer OR, direction or a THE THIRD WAY A psychological compulsion existing within a person in the form of a perception that his/her freedom has been removed. HE THINKS HE IS An important difference  SHALL VS  AND VS MAY OR  Shall means you will do it  May means you can do it  And means one and the other  Or means one or the other Short Case Studies: Arrest vs Detention  1: You went to investigate a theft. You see a guy you believe has information about the incident. You grab him by his shirt.  Is he now under arrest/detention?  YES/NO  Physical custody of a person with intent to detain.  2: You want to investigate a theft. You see a guy you believe has information about the incident. You tell him to “come over here.”  Is he now under arrest/detention?  YES/NO  Restraint on a person’s liberty without that person’s consent. Demand/direction by the police. Does a Police officer have to say : “YOU ARE UNDER ARREST” for it to be a legal arrest? NO