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