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1.-ARRESTING-AND-SEARCH-THEORY.ppt
1. MODULE OUTLINE
Apply techniques and procedures of arrest.
Describe techniques and procedures of search
Apply different methods of arresting suspects and
searching for evidence.
Demonstrate procedures of seizing, handling and
disposing of exhibits.
Adduce evidence before the court of law.
Apply procedures to tender exhibits before the court of
law.
2. MODULE OUTLINE CONT…
Explain concepts related to criminal procedures
Prepare case statements.
Prepare charge sheets.
3. MODULE OBJECTIVES
Explain basic concepts of arrest (definition, types)
Demonstrate steps of arresting a suspect
Demonstrate techniques of arresting a suspect
Handle a suspect (detention, dispose)
4. MODULE OBJECTIVES CONT..
.Explain basic concepts of search
.Explain techniques for search
.Explain procedures for search
.Explain different methods of arresting a suspect
.Explain different methods of searching for evidence
.Demonstrate different methods of arrest and search
.Explain concepts of exhibits
.Seize exhibits
.Handle exhibits
5. MODULE OBJECTIVES CONT…
Explain concepts of adducing evidence
Explain importance of testifying before the court of
laws
Demonstrate procedures for testifying before the court
of laws
Explain concepts of exhibits
Identify types of exhibits before the court of laws
(perishable-inventory and certificate, non-perishable)
Handle exhibits
Demonstrate procedures for tendering exhibits before
the court of laws
6. MODULE OBJECTIVES CONT…
Explain the concepts of valuation (definition,
components of valuation, authorized valuators)
Explain importance of valuation
Prepare inventory forms
Prepare certificate of valuation
7. MODULE OBJECTIVES CONT….
.Explain criminal procedures
.Identify parts of criminal procedures (preliminary
hearing, hearing, ruling, judgment, sentence)
. Explain importance of criminal procedures
8. MODULE OBJECTIVES CONT….
Explain concepts of case statements
Explain the importance of case statements
Identify ingredients of a case statement
Write a case statement
Explain concepts of a charge sheet
Explain the importance of charge sheet
Identify parts of a charge sheet
Compose a charge sheet
9. MODULE OBJECTIVES CONT….
Explain concepts of a charge sheet
Explain the importance of charge sheet
Identify parts of a charge sheet
Compose a charge sheet
10. Integrated Method of
Assessment
Integrated Method of Assessment
Continuous Assessment (60%)
Individual Assignment 15%
Group Assignment 5%
Tests 30%
Field Report 10%
Semester Examination (40%)
Theory Examination 20%
Practical Examination 20%
11. REFERENCES
Bennet, W.W & Hess, K.M. 1981, Criminal
investigation, New York: West
Dowling, J.L 1979, Criminal investigation, New York.
Harcourt race Jovanovich
Horgan, J.J. 1974, Criminal investigation. New York.
McGraw – Hill
Swanson, C.R, Chamelin, N.C & Territo, L. 1977.
Criminal investigation. Santa Monica. Good year
12. REFERENCES CONT………..
•Deladurantely, J.C. & Sullivan, D.R. 1980 Criminal investigation
• standards. New York: Harper & Bow
•Weston, P.B & Wells, K.M. 1980 Criminal investigation
•Basic perspectives. 3rd edition. Englewood Cliffs: Prentice - Hall
•Criminal Investigation Act cap 20, 2002 RE
•Tanzania Evidence Act cap 6, 2002 RE
•Wildlife conservation act
•Tanapa act CAP 282, 2002 RE
•Ngorongoro Ordinance Act CAP 283, 2002 RE
13. LAWS APPLIED IN WILDLIFE
CONSERVATION IN TANZANIA
Criminal Procedures Act cap 20, 2002 RE
Wildlife conservation Act No 5 of 2009
Tanapa act CAP 282, 2002 RE
Ngorongoro Ordinance Act CAP 283, 2002 RE
Environment Management Act 2002.
These are laws which are mostly used on conducting
wildlife law enforcement.
14. 1.0 ARRESTING
Is to deprive a person of his liberty, that is, to take
away his freedom by some lawful authority for the
purpose of forcing him to face a criminal charge.
An act of arrest is a discretional, not mandatory.
Arrest may be made either prior preparing a
charge, in that case it will be an arrest without
warrant or after a charge has been brought and a
warrant of arrest issued.
Arrest may be made with or without a warrant.
It may be made either by a Police Officer or by An
ordinary person.
15. 1.1 TYPES OF ARRESTING
(A). ARREST WITHOUT WARRANT.
(i) Ref. S.14 of CPA. 2002. BY A POLICE OFFICER.
A police officer may arrest a person without warrant
(to mention a few)
i) Any person whom he suspects upon reasonable
grounds of having committed a recognizable offence.
ii) Any person who commits or breach the peace in his
presence.
iii) Any person who obstructs a police officer while in
the execution of his duty, or who has escaped or
attempts to escape from lawful custody
16. 1.1 TYPES OF ARRESTING cont…
(ii) ARREST BY PRIVATE PERSONS.
Any person can arrest any person who
in presence commits any of the offence
as referred in S. 16 of CPA.
Also under section 17 and 18 of CPA of
2002 allow Government Officers, such
as Magistrate, Game officer, Custom
officers etc. are allowed to arrest any
person who commits offences in a
numerous acts.
17. 1.1 TYPES OF ARRESTING cont…
(B) ARREST WITH WARRANT OF ARREST.
Ref to section 13 of CPA of 2002.
A warrant of arrest is issued by the court ordering
law enforcers to detain a person.
Basically, arrest warrants are issued if there has
been a crime
That was committed and there is enough evidence
to incriminate a suspect, and if the person named
in warrant committed the crime.
However there is also warrant of arrests issued if
the person in question failed to show up in court
on the scheduled date.
18. 1.2 ARRESTING POWER
The following sections of the CPA of 2002 explain
the other situations which occurs during arresting:
19. Right of entry into any place in order to effect
arrest.
20. Power to break out of any place for purposes of
liberation.
21. Use of force in making arrest.
22. Certain arrests not to be taken to be unlawful.
23. Person to be informed grounds of arrest.
19. USE OF FORCE TO EFFECT ARREST.
If the person being arrested forcibly resists
arrest or attempts to evade arrest, the person
effecting the arrest may use all means
necessary to accomplish the arrest.
The accepted and general principle of law is
that in making an arrest, unless it is
necessary, force should not be used.
1.2 ARRESTING POWER cont…
20. 20
It is just sufficient to touch the body of
the person to be arrested. This means it
is not necessary to proceed with
putting handcuffs on the person to be
arrested or for that matter to tie his
hands with a rope.
1.2 ARRESTING PROCEDURE TO
SUSPECTS cont…
21. 1.3 ARRESTING PROCEDURES
1. Touch the suspect (If not dangerous)
2. Identify your self
3. Give the suspect the reasons of arrest
4. Search the suspects
5. Secure exhibits and evidence
6. Tell him where you are sending him/her.
7. Send him in him/her in proper custody
22. Searching of suspects Ref s 24 Criminal procedure
2002
Whenever a person is arrested- Search of suspect
(a) by a police officer under a warrant
(b) without warrant, or by a private person under
a warrant.
The police officer making the arrest or, when the
arrest is made by a private person, the police
officer to whom that private person makes over the
person arrested, may search such person and place
in safe custody all articles, other than necessary
wearing apparel, found upon him.
2.0 SEARCHING
23. 2.0 SEARCHING cont…
Power of the police to detain and search the
vehicles Ref. section 25 of CPA 2002.
Police officer may do any or ail of the following
things namely, stop, search and detain any vessel,
boat, aircraft or vehicle in or upon which there is
reasonable cause to suspect that there are-
(i) any stolen goods;
(ii) any things used or intended to be used in the
commission of an offence;
(iii) without lawful excuse, any offensive weapons,
an article of disguise or any article prohibited
under any law
24. Section 26 of CPA. Whenever it is necessary
to cause a woman to be searched, the search
shall be made by another woman with strict
regard to decency.
The law is silence to man.
2.0 SEARCHING cont…
25. 2.1 SEARCHING PROCEDURES
1. Identify the scene ie house/area
2. Secure the scene
3. Identify the suspects and independent witnesses
4. Search the scene for evidences
5. Record the evidence attained in Search warrant and
make sure signed by all parties.
6. Packaged and labelled all the evidences
7. Send the evidence to station for custody.