Investigations Flashcards
Define reasonable grounds to believe
To believe that an offence has been committed and then evidence of this is to be found through the search for seizure
Is there the same standard of issuance on all judicial authorizations
No.
Some require RPG and others suspicion
Define reasonable suspicion
Merely the degree of probability demonstrating that a person is involved in criminal activity
If you are unsure about which standard of issuance is applicable, where can you look?
Criminal code
What does section 8 of the charter protect against
Protection against unreasonable search
For a search to be valid what three things must be met?
The search must be authorized by law
The law itself must be reasonable
The manner in which the search is carried out must be reasonable
When a justice or a judge assesses your ITO, what is the main criteria?
Has it met the legal threshold for issuance
Facially valid
Who can swear/affirm an ITO
Justice, judge or Commissioner for oaths
Can a constable square or a firm and ITO?
Yes bitches, Police officers are commissioners empowered to administer oats and take and receive affidavits. It’s just not used in Eps
Name at least five things that need to be present on an ITO for facial validity
Warrant identifier/file number
Appropriate form number
Informant ( officer requesting the warrant)
Full name
Occupation as a Police officer
Rank
Name of agency
jurisdiction (Edmonton)
Date and time frame for search
Criminal offence is listed
Jurat
True or False? When developing your grounds or details of the investigation it always needs to be in chronological order.
False, It just needs to be organized but Does not necessarily need to be in chronological order
What does full, fair, and frank mean?
Affidavits only need to include relevant information but cannot exclude information that tends to weaken their grounds for belief.
What section is used to request a sealing order?
S.487.3 C.C
What are the 3 C’s with CI info?
Corroboration, compelling and credible
List of four criteria that can justify requesting a sealing order.
Compromise the identity of a CI
Compromise an ongoing investigation
To protect ongoing investigative techniques such as UC operations, flight, holdback or wiretap
To protect an innocent person
How do we commonly submit ITO’s?
Online via FortiMail
Who do you need to approve your search warrant and Feeney warrant execution plan
The D.O
To note- if tactical is executing it they commonly complete the SW execution form.
Do you submit your search for execution plan?
Yes, to the file via IMAC
What section falls under, things not specified?
To be clear these are things clearly illegal in Plainview during the execution of duties
489 CC
What section does a feeney warrant fall under?
529.1
Is the identity of an agent or witness protected?
No
Is the identity of an informant protected?
Yes
Out of an informant, agent and witness who is instructed and directed to play an active role in the investigation?
An agent. Eps rarely uses agents
Out of an informant, agents and witness who is compelled to come to court?
An agent and witness. A CI is not
Should a crimestoppers tip ever be disclosed?
Absolutely not! The only exception to this is found where there is a basis to conclude that the information Maybe necessary to establish the innocent of the accused
What duty does the EPS handler have towards the CI?
A duty to protect
If you have a question regarding CI’s, who should you contact?
Source management witness protection unit
What do you do if you’re interviewing someone, and they identify themselves as a CI?
This is a case by case situation but the most preferred option by the crown is to conclude the interview, explain that you were not interested in their role as a CI and restart the interview.
Record a “clean” interview
Contact source management and explain there are two interviews
What is a standard for creating a photo lineup?
The key is to make the lineup reasonable
What is good practice for photo lineups- give a few!
Find someone uninvolved to administer
Audio and video recorded
Provide photo lineup to administrated prior to
Instruction sheet required
One at a time
In order or out, whatever
Mark order on back and applicable notes
Shuffle it if 2nd viewing required
Original as exhibit/ photocopy front and back for file
One at a time
All shown even if early identified
Pw required
What is the goal for a structured interview?
To obtain the truth
True or False, a confession is the most important thing during an interview.
False,
Information gather not a confession is important
What is the most important rule during an interview?
DO NOT INTERRUPT!!!!
What techniques can be used for memory recall?
Context reinstatement
Report everything
Reverse order recall
What’s does TED stand for?
Tell, explain & describe
True or False? The main role of a monitor during an interview is to transcribe the interview?
False! No no no, it’s to be a sounding board and be ready to interrupt if needed regarding a charter breech!
To develop follow up questions!
Under the charter what are our 3 duties in regards to an accused persons rights?
Informational duty (inform)
Holding off duty (hold off on eliciting information)
Implementational duty (providing a platform to contact counsel)
What 2 questions should you ask a detainee after they speak to counsel?
Did you speak to a lawyer?
Are you done?
True or False, a detainee has a right to have their lawyer present during an interview?
No, there lawyer can fuck off.
True or False? If a detainee wants to speak to his lawyer multiple times during an interview, you are obligated.
No, one and done. It’s generally sufficient unless jeopardy changes.
Jeopardy change.
new procedure (ex: polygraph)
reason to believe the suspect is confused about counsel.
What’s the most important thing to achieve during an interview, even a SU interview.
Obtaining complete and accurate information, the truth.
What four things speak to “voluntariness”
Operating mind
No inducements (threats or promises)
Oppressive circumstances
Police trickery
What case law speaks to voluntariness?
R.v. Oickle
When should a recorded cautioned witness statement be considered.
Family/friends of AC
Victim of DV
Those likely to be intimidated (org crime)
Sick/ terminal Ilness
Elderly
What is Major case management?
It’s a coordinated team approach used when investigating an event or a series of events
Name some roles of MCM
Primary, file coordinator, adiantum, scene management, exhibit custodian, analysts and dozen of task investigators.
What are the three rolls and a command triangle?
Team commander
Primary investigator
File coordinator
What is the main role of the team commander?
Risk management, it is their job to assess the risk of certain actions against:
Success of the file
A successful prosecution
Destruction of evidence
Law-fullness of a course of actions
Public scrutiny
What’s the main role of the primary investigator in a command triangle?
The PI is Ultimately responsible for the investigation and the files speed, flow and direction by directing the Task investigators to complete tasks.
What is the main role of the file coordinator in a command triangle?
The FC is responsible for organizing all the fruits of the investigation (tasks) And the tracking of assigned tasks.
If the primary is absent who steps into that role until they return?
File coordinator
Name some investigative strategies?
CCTV
Search warrants
Forensic evidence
Door to doors
CI info
Social media
UC
Surveillance
Wiretap
Crime scene
What are they 3 ethical considerations?
Will the general public be satisfied with the response?
Our actions legal, moral and ethical?
Are we placing the general public at risk?
In MCM, what can be done to manage accountability?
Overall it’s the responsibility of the investigative team
Clear and consist business rules
Briefing/meetings
Subject matter experts
Review by an outside agency
In MCM, where can you go for legal considerations?
Crown or legal advisors
Name at least 5 human risks in MCM.
Investigative arrogance
Novak cause corruption
Scope creep
Tunnel vision
Investigator bias
Security/information breach
Peer pressure
Self doubt
Careerism
Victims and their families
Name at least 5 systemic risks in MCM.
The law
The charter
Courts
Disclosure
Organizational policy
Police management
Case complexity
Media
Poor training/lack of understanding
Public opinion
What are the 3 categories in REDM?
Information review
If/then process
Action criteria (NRA)
Regarding REDM, Step1: information review has 3 consideration, what are they?
What do we know?
When did we know it?
What are we going to do about it?
In MCM, when should you be doing REDM?
Throughout / constantly
Regarding REDM, Step 2: IF/THEN has 4 consideration, what are they
Identifying your options
Exploring the pros and cons
Prioritizing your options
Selecting your best option
What does NRA stand for?
Necessary
Risk effective
Acceptable
What does action imperative mean?
P.O’s are action oriented and want to take action as quick as possible. We need to slow it down and put each decision through NRA to avoid problematic situations.
In NRA, what should you consider in necessary?
Why take this action now?
What has changed?
Why not act later?
How will this action affect my goal?
In NRA, what should you consider in risk effective?
Is the immediate benefit worth the risk?
What risk may arise if this does not work?
What will likely happen if I do or do not take action?
In NRA, what should you consider in acceptable?
Will this pass a “third party test” in the morning, in a month, a year etc
How will your decision be perceived by:
Police management
Courts
Media
Peers
What are the 2 categories when an investigation transitions to MCM?
Stable or evolving
In MCM if it starts off as stable or evolving, can it change?
Yes, it’s fluid
In MCM, what is always your first consideration?
Public safety
If you receive a call from a WC to take over an investigation, what info should you gather? Name at least 4
File number
Case facts
Member I/C on scene for contact
Location
Initial call/ how police became involved?
Date/ time of initial call.
Who was the RE?
Has the RE/WI’s been identified and separated?
Formal interview required?
What does an evolving event require?
A timely police response - proper resources to the scene to start the investigation off on the right foot!
What is the S/Sgt or T.L’s Responsibilities pertaining to accused or suspect in custody?
Who is with the AC? (Officer)
What offences have they been arrested for and have they been advised of that?
Where are they? Location
Have they been read their rights?
Have their responses been properly documented?
Have they had a chance to speak to counsel?
Does the AC need medical attention?
Isolated from other prisoners?
Have they been provided with food and drink?
Limit the amount of officer that have contact with the AC (unrealistic)
What are the S/Sgt or T.L’s responsibilities pertaining to EMS and EFD?
Assign a member to get names of those there?
Obtain a statement prior to leaving.
Determine if body was moved
Determine what alterations were made to the scene.
Determine who made the alterations and the purpose of movement.
What’s are the S/Sgt / T.L’s Responsibilities pertaining to media?
Be cognizant
Do not release the ID of a complaint or hold back information
Unless you are directed by the primary investigator do not make a statement to the media.
Right versus wrong information
Devaluing affect on future witness evidence
True or false? Most MCM files assumed by major crimes such as homicide start in a stable position because IRT and patrol must first ensure the scene stable
True
During briefings who should be the one to take notes?
The primary investigator and the affiant
In regards to the scope of investigation it is okay to tell complaints or witnesses that they do not face Jeopardy for a certain criminal offence not pertaining to your investigation.
Yes, Do you want to avoid them telling partial version that omit facts and goes against their credibility. By establishing the scope of your investigation they will be more truthful and less fearful.
What are the three key principles of MCM?
The role of the task investigator if she be an extension of the primary investigator.
No task should be attempted unless it is at the direction of the primary investigator.
All information is relayed back to the primary investigator
Who should be the devils advocate in an MCM?
Everyone on the team
True or false? It is often important that the Acient be excluded from new information if it is not evidence to the contrary.
True, This is done so that the authorization can be salt in a timely manner
True or false? An affiant does not need to be full, Frank and fair.
False
Can emails and group text messages the disposable?
Yea, so be careful what you send and always be professional.
Face to face or over the phone communication is best.
Describe myself back information is.
It is information that is believed to be known only by the suspect(s) involved in the crime.
List some common hold back information
Injuries, weapons, evidence left behind and evidence taken from scene
Why is holdback information important?
Prevents false confession
Corroborating sources information
Strengthens undercover operations and statements
List some perishable tasks.
Witness evidence, if witnesses communicate with each other they contain the evidence that each witness has
Video surveillance (days vs.hours)
Forensic evidence (Exposure to elements / being lost or destroyed)
Cell phone tower data ( Data that is not retained indefinitely
Text and App based communications (Some app based communication only exist for a short time before it is deleted or no longer acceptable)
What is an investigative summary?
Hey concise framework that highlights the key components of the investigation that is to be used as a blueprint to demonstrate what decisions were made and why they were made.
It outlines the speed, flow and direction of the investigation
Can the affiant source the investigative summary?
No, They need to go to the proper source
What happens if the primary goes on vacation or can no longer work on the file, who takes over the investigative summary?
Whoever is assigned as a new primary just continues with the ongoing investigative summary
What is a high potency narcotic exhibit?
Fentanyl for a carfentanil. This includes all unknown loose powder is in quantities greater than 3.5 g
What are considered high risk exhibit?
Any cash, Firearms, ammunition, explosives, fireworks, energetics materials, or drug exhibit at that are seized by police
In a Dile a dope or situation should you charge everyone in the car if the grounds exist?
Yes, this prevents the uncharged occupant coming to court and testifying about the drugs belong to them
What section does civil forfeiture fall under?
S.354 C.C
What is some indicia of dial a doapers?
Drugs, baggies, small amount of drugs, scales, cash, swallow bottles, containers and score sheets.
If you see the phone during the course of a drug investigation what should be done to the phone to render it safe?
Take it off the network/airplane mode. This prevents someone from remotely wiping the phone.
Plug it in.
When a clan lab is suspected, what’s the procedure?
Remove everyone/ found ins
Update comms who will in turn contact the on call clan lab response team
Evacuate the immediate building
Secure as a crime scene / incident command will start
Ambulance on stand by
The DO will connect with response team and next steps will be discussed
If you suspect a “boxed lab” within a vehicle, does it change the clan lab response?
No, lock it down and treat it like a crime scene and update comms. They will speak with the on call clan lab.
During an initial scene assessment for HPN, what should be considered when members go in?
Appropriate PPE and at least 2 members in the event an exposure occurred, then other can render aid.
What is an appropriate amount of PPE when entering HPN for an initial assessment?
N95 or P1000 mask
Nitrile gloves
Eye protection
If HPN are confirmed what PPE must you change into?
Fit tested mask
Eye protection
Long sleeves
Double nitrile gloves
What needs to be done after you exit a HPN scene?
Remove all PPE
Must be double bagged in a bio hazard bag
Consult with OH&S for instructions how to deal with all non disposable clothing or equipment (ex:firearm)
Wash hands with soap and water
If your off in a suspected CLAN lab, what is a good step to take prior to leaving?
Take pictures of safe to do so
When will the CLAN lab hand it back to patrol?
The scene is not contaminated.
Any powder present is less then 3.5 grams and safely packaged.
Any pills are of a small quantity and are intact.
When processing HPN, what steps needs to be taken?
Always 2 members!
-one processing exhibit and the other standing at a safe distance with exposure kit
Must be process at EDGE/ fume hood
Proper PPE
Exhibits must be double bagged and clearly labeled with Fentanyl or carfentanil or suspected…
Transport of exhibits must be in approved containers. If excess, edge call out required
Who can administer naloxone?
Anyone! Get that shit in them!
What are signs of a drugs overdose?
Not responding / cannot be woken up
Slow it not breathing
Making sounds (choking, gurgling or snoring sounds)
Blue lips or nails
Cold and clammy
Pinpoint pupils
Can you charge the CO or others on scene for the drugs possession? Bonus points, what section of the CDSA?
No way bitches!
4.1(2)
Should you bring drug exhibits to court?
No sir, generally no but connect with the crown prior to trial.
What’s a legal amount of cannabis to have on a person?
30 grams
How many cannabis plants can one legally have in their home?
4
Who do you contact for cannabis grow ops?
Clan lab
What is an online fencing operation?
The investigation into the sale of stolen property using the Internet where an online fencing operator communicates with the target under the guise of being an interested buyer of that property to facilitate the arrest warrant location of suspect. Online fencing operators will never physically meet unless they are clearly identified as police officers.
During an online fencing operation, will the OFO ever meet with T1?
No! They are not trained UC’s
What must be done to start a Online Fencing Operation?
Approval from a S/Sgt
Account take overs require a cover manager to approve.
Notify the DO, OSM and WC (division the meet is occurring).
What must be done after an online fencing operation? And to whom?
After action report.
UC unit
What is a target callout operation?
When police communicate with a target to confirm their identity, facilitate their arrest, established surveillance or any other law-enforcement purpose rather than the investigation into the sale of the storm property.
In an online fencing or undercover call out do you ever use your UC number?
NO!
Define action imperative
Feeling I need to act in a situation, or to do something just for the sake of doing it, rather than doing it because it is necessary, risk effective and acceptable.
Define force?
Any physical control or power exerted on any person
Define reasonable grounds to believe
A set of circumstances that would satisfy an ordinary, cautious, and prudent person to believe beyond Aamir suspicion. It is the point or credibly based probability replaces suspicion
Define what a seizure is
Anytime police take possession of property that is not surrendered, volunteered or found and is taken under the authority of the criminal code, and any other act of parliament, or otherwise in the execution of their duties.
