Investigations Flashcards
Who can declare a Crime Scene?
- A police officer of or above the rank of Inspector
Where can be declared a Crime Scene
- Any public place or other place
Who can declare a Serious Incident
- A police officer of or above the rank of Inspector
How long does a crime scene remain in force for
- For both Crime Scene & Serious Incident Declaration remains in force for seven (7) days
What are you powers at a crime scene
For both Crime Scene & Serious Incident Declarations the powers of arrest at the same.
A person must not fail to comply with a direction.
POA: A police officer may arrest, without warrant, a person who fails to comply with a direction.
A police officer may use such force as is reasonably necessary for the purposes of exercising an authorisation conferred by this section.
What is PEACE
P – Preparation
- The offence/crime you are interviewing for
- Points of proof
- Common defences; those to negate
- Do your homework
o Go to the scene
o Review the OR
o Statements
o CCTV
o Pictures
o Maps
o Forensic results
o Exhibits
- Check the interview prior to conducting
P – Planning
- ATLAS and COMPASS checks have been done
- OLC
- Social media; Facebook/Instagram
E – Engage
- With suspects prior to interview
- Rapport building
- Explain the interview process
- Interview room, video machine, microphone
- Formal intro
- Required to record their face during interview
- Not cover their face
- Responses to be audibly recorded
- CAUTION before each allegation
A – Account, clarification & challenge
- Begin with open questions
- Ask one question at a time
- Note when something they say requires clarification or further questioning
- Note when you can prove a discrepancy with evidence you have
- Start ticking off points of proof
- Allow your secondary to step in if you hit a brick wall
- Challenge their assertions with your evidence
C – Closure
- ‘is there anything else you wish to say about this matter?’
- ‘I am now concluding this interview, the time is…’
- ‘Do you have any complaints about any police officer involved in this investigation?’
E – Evaluation
- Take a copy of the disc before attending court
Breaks or suspension of the interview:
- Let the recording run
- Caution the suspect when questioning restarts
- ‘Do you agree we did not ask you any questions in relation to this incident whilst the interview was paused/suspended?’
Show the camera any Stat Decs or images/photos you show the suspect during the interview. Have the suspect sign the document and the officer will co-sign.
Avenues of inquiry
Ultimately, you will have to do AT LEAST the ‘basics’ and not come up with any further leads before your Sergeant will file your OR ‘pending further information’ – this includes;
* Statement on most occasions,
* immediate area search,
* doorknocks,
* obtaining forensic evidence,
* CCTV,
* submitting ‘ID required’,
* ensuring any seized items are dealt with accordingly,
* Search of databases
* Ensuring RP is aware of outcome, has anything further to add
Who do you take stat decs from and what do you include
- Witnesses
- Victims
- Complainants
- Police Officers
Remember to include:
o Name, address, contact number
o Day, date, time, place
o Narrative – essential facts
o Chronological
o Descriptions of people referenced
o Detailed explanation of what the offender did; prove the commission
o Anything else, important to the offence
TPM – Report of crimes
When taking the report of a crime, a signed statement is to be obtained, where practicable, from the complainant setting out the essential facts to prove the commission of the crime and from any other person present who may be able to assist with the identification of the offender.
For the purpose of this section ‘crime’ includes:
any crime within the meaning of the Criminal Code;
offences involving dishonesty, injury to persons or property; and
offences which, because of their nature, method of commission, or the offender concerned, are important from a criminal intelligence point of view.
What does the TPM say about search warrants
Members shall not use a General Warrant if a Search Warrant can be obtained from a justice, unless the delay in obtaining a warrant from a justice may result in valuable evidence being lost, or stolen property disposed of.
When can a search warrant be issued?
- may be issued if the Justice is satisfied there are reasonable grounds for suspecting that there is, or will be within the next 48-72 hours any, evidential material at the premises;
- may be executed within times stated in warrant itself;
- generally valid for up to 28 days (telephone warrant up to 48hrs).
How can a search warrant be issued?
- generally, by application on oath;
- sometimes, by application via telephone or other means;
- must justify grounds for suspicion and specifics sought in the application within the next 48-72 hours.
Who can apply for a search warrant?
- any police officer can apply;
- may be issued by a Justice of the Peace, not including a Magistrate.
What must be stated in Warrant – As per the template
- offence/s;
- premises subject to warrant;
- kinds of evidential material that are to be searched for;
- name of Police Officer to whom issued;
- how long it remains in force, which is not to be more than 28 days;
- whether the warrant may be executed at any time or only during particular hours.
Emergency situations (entry to warrant premises)
Officers believe on reasonable grounds that immediate entry to the premises is required to ensure;
- the safety of a person (including a police officer); or
- that the effective execution of the warrant is not frustrated.
Upon Entry of a search warrant
- conduct a cursory search for people and move them to one room (not kitchen)
- DO NOT BEGIN SEARCH
o Read the rights to the resident/occupier
o provide a copy of the search warrant
o RECORD this interaction
Inform the occupant they can observe the search, however if they interfere with the search their rights may be revoked, and they can be arrested.
RECORD on BWC.
what should you ensure when leaving a search warrant premise
- all exhibits are seized;
- police items are accounted for; and
- property receipt is issued.
Police have 1 hour to return to premises after leaving, for any reason.
What is TEDS
Tell
Explain
Describe
Show
what is the caution
You are not obligated to say or do anything unless you wish to do so but whatever you say or do will be recorded and may be given in evidence. Do you understand?
