FRSC 3010 Flashcards
Motor vehicle theft/possession
Someone who steals a motor vehicle (s. 331.1(a) CC)
Everyone who commits theft is, if the property stolen is a motor vehicle, guilty of an offence and liable
(a) on proceedings by way of indictment, to imprisonment for a term of not more than 10 years, and to a minimum punishment of imprisonment for a term of six months in the case of a third or subsequent offence under this subsection; or
(b) on summary conviction, to imprisonment for a term of not more than 18 months.
Theft from vehicles
items are taken from either the expetior or interior of vehicle without consent/permission of the owner (theft under $5000, 334(b) CC).
Crime vehicles
a vehicle used/involved in the commission of a crime (various-impaired driving, fail to remain at an accident, fail to stop for police, break and enter, murder, dangerous driving).
Can a passenger be convicted for possession of stolen motor vehicle?
A passenger may be conviceted for possession of stolen motor vehicle if there are enough factors to determine control and knowledge.
A voluntary passenger in a stolen vehicle may be found to be an abettor as their presence may have the effect of encouraging the theft.
Rate of car theft in Canada in 2022
In 2022, a vehicle is stolen every 6 minutes in canada.
Three reasons a vehicle may be stolen
Joyriding
Sell false vehicle identification numbers (VINs).
Dismantled for parts.
Used to commit another crime (“crime vehicle”).
Sold abroad illegally
Rule of thumb for searching Vehicles
Level of examination should be proportional with the level of the offence committed
5 identifiers for a car
Make and model, colour, licence plates, VIN
CPIC
Canadian Police Information Center
Any officer or Police agency that runs avehicle in the future will be informed of its status as a stolen vehicle
Section 8 of the Charter
Everyone has the right to be secure against unreasonable search or seizure
What type of evidence should take precedence in vehicle examinations?
if there are areas that should be swabbed for DNA such as bloodstain or the mouthpiece of an opened drink container, then this should take precedence over fingerprinting.
4 vehicle rules when searching
Does it look wrong → check it out;
Does it smell? → drugs or alcohol;
Does it feel odd? → hidden contraband (seats);
Does it sound odd? → hidden contraband (hollows).
Steps for vehicle submissions
Call CRO in advance of submitting and prior to picking up a vehicle following CFS analysis.
Only include one vehicle per submission.
Include authority (a copy of the warrant/consent), as well as keys to the vehicle with the submission.
Indicate if the vehicle (outside and/or inside) needs to be protected for fingerprints.
If a bicycle is involved in an occurrence, submit the entire unit wrapped in paper
GPS
Global Positioning System
Counter measures for vehicle safety
Lock your vehicle.
Don’t leave FOBS near doorways and windows, store as far away as possible.
Place key FOBS in faraday bags.
Park vehicles in garages.
Motion senor lights tied into security system for app notification.
What does footprint evidence provide
Type and make of shoe
approximate size
number of suspects
pathway in
through and away from the crime scene
Possible sequence of events in a crime scene.
LlYOD HOMICIDE INVESTIGATION
Footwear impression found in snow at the scene.
Tire track impressions found at the scene in snow.
Tire impressions linked to a possible make of vehicle.
Williams went through a police checkpoint driving that make of vehicle.
When interviewed later, williams wearing the same boots as that day on the property of Lloyd.
Footwear and tire track evidence were very important to the case.
People remember the police interview but not what got them there
Reasons footprint evidence is overlooked(3)
Lack of training in the proper technique
The evidentiary value of the footwear impression is not understood.
Lack of education in the comparison of footwear and report writing
OJ Simpson Trial
Civil Trial
Lasted 11 months. OJ Simpson was in custody for 474 days. 4 hours to decide the verdict. Not guilty on 2 charges of murder.
101 witnesses, 41 days of testimony, found guilty of “wrongful death”, to pay millions to two families (33.5 million)
Civil Lawsuit
Simpson was found liable for the deaths and was required to pay families of the victims over 30 million in damages.
Now owes in the range of 70 million. Bruno Magil shoes were a key piece of evidence.
Bruno Magli footwear- bodziak.
Class Characteristics of Footprints
Manufactured.
Intentional or unavoidable characteristics that repeat during the manufacturing process.
Example: pattern
Accidental Characteristics
Random.
Size, shape, position and orientation of these characteristics are, to some degree, dependent on chance.
Commonly associated with the shoe having been worn.
3 footprint collecting techniques
Geltin Lifter
Electrostatic Dust Print Lifting Device
Casting
Gelatin Lifter
A sheet of rubber with a low adhesive gelatin layer on one side that can lift prints from almost any surface, including porous, rough, curved and textured surfaces.
Typically used with fingerprint powders on two dimensional surfaces.
Electrostatic Dust Print Lifting Device
Operates by charging a plastic film, which is placed over the dust print, which creates electrostatic adhesions and draws the film onto the surface.