Misplaced Pages

Detective (disambiguation)

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.

A detective is an investigator, usually a member of a law enforcement agency . They often collect information to solve crimes by talking to witnesses and informants, collecting physical evidence, or searching records in databases. This leads them to arrest criminals and enable them to be convicted in court. A detective may work for the police or privately .

#456543

70-439: A detective is a professional investigator. Detective ( s ) or The Detective ( s ) may also refer to: (Chronological) Detective Informally, and primarily in fiction , a detective is a licensed or unlicensed person who solves crimes , including historical crimes, by examining and evaluating clues and personal records in order to uncover the identity and/or whereabouts of criminals. In some police departments ,

140-639: A citizen of the country in which they are acting. For example, in England and Wales , the power comes from Section 24A(2) of the Police and Criminal Evidence Act 1984 , called "any person arrest". This legislation states "any person" has these powers, with no requirement for the person making the arrest to hold British citizenship . Anyone who makes a citizen's arrest can find themselves facing possible lawsuits or criminal charges (e.g. charges of false imprisonment , unlawful restraint, kidnapping , or wrongful arrest) if

210-440: A case. Forensic science (often shortened to forensics) is the application of a broad spectrum of sciences to answer questions of interest to the legal system. This may be in relation to a crime or to a civil action. Many major police stations in a city, county, or state, maintain their own forensic laboratories while others contract out the services. Detectives may use public and private records to provide background information on

280-415: A competitive examination, testing their knowledge, skills and abilities regarding criminal investigation, criminal procedure, interview and interrogation, search and seizure, collection and preservation of evidence, investigative report writing, criminal law, court procedure, and providing testimony in court. Competitive examinations are conducted by selected senior law enforcement officials. Following testing,

350-520: A crime which has caused serious damage to property. A person using these detention powers may use reasonable force if their request is not met as long as they do not cause the suspect bruising. They must hand the suspect over to the police immediately and no later than three hours. A citizen's arrest cannot be performed on persons whose identity is known or who are not suspected of fleeing. The law can be used by both private individuals and private security. Any private citizen can, according to article 383 of

420-479: A detective position is obtained by passing a written test after a person completes the requirements for being a police officer . In many other police systems, detectives are college graduates who join directly from civilian life without first serving as uniformed officers. Some argue that detectives do a completely different job and therefore require completely different training, qualifications, qualities, and abilities than uniformed officers. The other side says that

490-449: A detective who has worked as a uniformed officer will excel as a private detective due to their knowledge about standard police procedures, their contact network and their own experience with typical problems. Some are not public officials, and may be known as a private investigator , colloquially referred to, especially in fiction, as a "PI" or "private eye", "private ducky" or "shamus". The detective branch in most large police agencies

560-513: A flagrant offence as defined in Art. 19 and 20 of the Criminal Procedure Code where the offence is punishable with simple imprisonment for not less than three months. In addition where the police call for assistance in making an arrest with or without warrant there shall be a duty to assist where assistance can be given without risk. The Criminal Procedure Code also provides that where an arrest

630-405: A list of results is provided by the department. At the department's discretion, some or all of the officers on the list are promoted to the rank of detective. Some departments have classes of detectives which increase the detective's rank after successful experience. Private investigators are licensed by the state in which they work (some states do not require licensing, but most do). In addition to

700-406: A motor vehicle for temporary use, petty damage to property or petty fraud. A person wanted by the police (arrest warrant) can be apprehended by anyone. After the apprehension, the detainee must be handed over to the police as soon as possible. If the criminal is resisting or tries to escape, the law gives a citizen the right to use an amount of force considered necessary, when considering the nature of

770-497: A peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer. For greater certainty (4) For greater certainty, a person who is authorized to make an arrest under this section is a person who is authorized by law to do so for the purposes of section 25. There are several arrest authorities found through the various provincial statutes. The most notable citizen's arrest authority in Ontario

SECTION 10

#1733085194457

840-762: A police agency in addition to being a criminal himself. Police detective activities were pioneered in England by the Bow Street Runners and later by the Metropolitan Police Service in Greater London. The first police detective unit in the United States was formed in 1846 in Boston. Detectives have a wide variety of techniques available in conducting investigations. However, the majority of cases are solved by

910-414: A police detective, one must attend a law enforcement academy, which provides the officer with a foundation of education with 16 to 24 college units . After graduation from the law enforcement academy, the officer undergoes job training with a field training officer for a period specified by the law enforcement agency and continues to work while on a probationary period, ranging from one to two years. During

980-523: A private citizen might try to solve a crime vary from trying to ensure justice for a friend or relative, a strong dislike for crime and support for law and order , or just recreational enjoyment. As with other kinds of detectives, citizen detectives try to solve crimes in multiple ways such as searching a crime scene , interviewing and/or interrogating suspects and witnesses, doing surveillance on persons of interest , collecting evidence , acting as sources for local news , giving anonymous tips to

1050-480: A private individual can only make such an arrest if the suspect would otherwise evade arrest by a Garda, and the arrester must surrender the suspect to Garda custody as soon as practicable. An exception is that stamp hawkers must be brought before the District Court . Citizen's arrests are rare; most often they are made by store detectives on shoplifting suspects. An Israeli law allowing anyone to arrest

1120-555: A subject. Police detectives can search through files of fingerprint records. Police maintain records of people who have committed felonies and some misdemeanors . Detectives may search through records of criminal arrests and convictions, photographs or " mug shots " of persons arrested, hotel registration information, credit reports, answering machine messages, phone conversations, surveillance camera footage, and technology used for communication. Before 2017, prospective British police detectives must have completed at least two years as

1190-428: A suspect into an admission or confession as long as they do this within procedural boundaries and without the threat of violence or promises outside their control. This is not permitted in England and Wales , where interview of suspects and witnesses is governed by the Police and Criminal Evidence Act 1984 and its extensive Codes of Practice. Physical forensic evidence in an investigation may provide leads to closing

1260-486: A suspect whom they witnessed carrying out a felony was repealed in 1996 and replaced by a new law allowing the detention of a suspect by another person under certain conditions. Section 75 of the Criminal Procedure Law (Enforcement Powers – Arrest) of 1996 allows anyone to detain a person who is witnessed carrying out certain suspected crimes. The crimes include the following: a felony, theft, a crime of violence and

1330-657: A uniformed officer before applying to join the Criminal Investigation Department . Since 2017, applicants from outside the police force have been able to apply directly for positions as trainee detectives. UK Police must also pass the National Investigators' Examination in order to progress to subsequent stages of the Initial Crime Investigators Development Program in order to qualify as a detective. Before becoming

1400-491: Is an arrest made by a private citizen – a person who is not acting as a sworn law-enforcement official . In common law jurisdictions, the practice dates back to medieval England and the English common law , in which sheriffs encouraged ordinary citizens to help apprehend law breakers. Despite the practice's name, in most countries the arresting person is usually designated as a person with arrest powers, who need not be

1470-406: Is conducted by the police. Criminal activity can relate to road use such as speeding, drunk driving, or to matters such as theft, drug distribution, assault, fraud, etc. When the police have concluded their investigation, a decision on whether to charge somebody with a criminal offence will (depending on legal jurisdiction) often be made by prosecuting counsel having considered the evidence produced by

SECTION 20

#1733085194457

1540-725: Is defined as any crimes that can be sentenced for more than 12 months of jail time. According to article 273 of Act XC. of 2017 concerning Penal Procedure , anyone may arrest a person caught committing a felony, but is obliged to hand the person over to the "investigative authorities" immediately; if this is not possible, the police must be informed. Section 40, of the Bharatiya Nagarik Suraksha Sanhita states that: According to this section any private person may arrest or cause to be arrested The Code of Criminal Procedure allows private citizens to detain those suspected of crimes in order to prevent their escape, so long as

1610-658: Is developing due to the demands of modern society . Detective service companies primarily offer investigation and surveillance services for individuals and businesses in matters such as marriage , business fraud , information retrieval , or tracking subjects. The detective profession in Vietnam still lacks a clear legal framework and can easily fall into legal grey areas. However, many detective companies have made efforts to provide professional services , adhering to ethical standards and legal regulations to build trust with clients. Citizen%27s arrest A citizen's arrest

1680-475: Is doing to the arrestee and has to call the police. Both have to wait for the arrival of the police. The person who makes a citizen's arrest has to sign the police forms as a witness and explain the facts. Typically it will lead to a time burden of at least two hours. If the facts cannot be verified the person who realizes the citizen's arrest might be sued by the arrestee. Canada 's blanket arrest authorities for crimes or violations of federal statutes are found in

1750-579: Is found in the Trespass to Property Act, but there are others found in the Highway Traffic Act, the Liquor Licence Act, and many others. TRESPASS TO PROPERTY ACT Arrest without warrant on premises 9. (1) A police officer, or the occupier of premises, or a person authorized by the occupier may arrest without warrant any person he or she believes on reasonable and probable grounds to be on

1820-587: Is known as the "101 power". Under the Criminal Procedure Ordinance (cap. 221 of the Laws of Hong Kong), section 101(2) provides that "Any person may arrest without warrant any person whom he may reasonably suspect of being guilty of an arrestable offence" using "force as is reasonable and proportionate in the circumstances". Once an arrest is made, the suspect must be delivered to a police office as soon as possible for court proceedings. "Arrestable offence"

1890-423: Is liable to arrest and detention under this section if the person is in the act of committing, or has just committed an indictable offence; or theft (whether the theft is a summary or indictable offence); or an offence against the person (whether the offence is summary or indictable); or an offence involving interference with, damage to or destruction of property (whether the offence is summary or indictable). Under

1960-471: Is made the person making the arrest shall without unnecessary delay hand over the person so arrested to the nearest police station. In Finland , Coercive Measures Act 22.7.2011/806 gives a right to apprehend someone in the act of committing a crime ( in flagrante delicto ) or fleeing from the crime scene, if punishment for the crime might be imprisonment or the crime is petty assault, petty theft, petty embezzlement, petty unauthorized use, petty stealing of

2030-511: Is organized into several squads and departments, each of which specializes in investigation into a particular type of crime or a particular type of undercover operation, which may include: homicide , robbery , burglary , auto theft , organized crimes , missing persons , juvenile crime , fraud , narcotics , vice , criminal intelligence , aggravated assault / battery , sexual assault , computer crime , domestic violence , surveillance , and arson , among others. In police departments of

2100-496: Is said to be 'found offending' if he does any act, or makes any omission, or conducts or behaves himself, and thereby causes a person who finds him reasonable grounds for believing that he has, in respect of such act, omission, or conduct, committed an offence against this Act." There are further provisions in section 301 of the Criminal Code Act 1924 (Tas) that appear to allow a sliding scale of force in executing an arrest. In

2170-465: The Criminal Code . In Canada, a criminal offence is any offence that is created by a federal statute—there are no "provincial crimes". Criminal offences are divided into three groups: indictable, dual procedure, and summary conviction. For the purposes of arrest, dual procedure offences are considered to be indictable. The Criminal Code provisions related to citizen arrests were changed in 2012, by

Detective (disambiguation) - Misplaced Pages Continue

2240-453: The Italian Code of Criminal Procedure , arrest another person, provided they are caught " in flagranza di reato " ( In flagrante delicto ) and the felony they are caught committing includes mandatory arrest from the police and is " perseguibile d'ufficio ", meaning that the judicial authority, once received the " notitia criminis " (a crime report), has the duty to commence prosecution, without

2310-464: The Police Offences Act 1935 ( Tas ), section 55(3), any person may arrest any other person whom they find committing an offence, where they have reasonable grounds to believe that the conduct will create or may involve substantial injury to another person, serious danger of such injury, loss of property or serious injury to property. Section 55(5) states "For the purposes of this section, a person

2380-576: The common law power for private individuals to arrest for felony or breach of the peace . The Criminal Law Act 1997 abolished the common-law distinction between felonies and misdemeanours and instead distinguishes " arrestable " and "non-arrestable" offences; arrestable offences are those punishable by at least five years' imprisonment, and private individuals may arrest those in flagrante , having committed, or about to commit an arrestable offence. Several other statutes which define offences likewise state "any person may arrest" someone committing

2450-459: The 19th century, there were few municipal police departments, though the first had been created in Paris as long ago as 1667. As police work went from being done by appointed people with help from volunteers to being done by professionals, the idea of dedicated detectives did not come up right away. The first private detective agency was founded in Paris in 1833 by Eugène François Vidocq , who had headed

2520-472: The Act allows the use of such force as is "reasonably necessary to make the arrest or to prevent the escape of the person after arrest". A person who arrests another person under section 100 must, as soon as is reasonably practicable, take the person, and any property found on the person, before a magistrate to be dealt with according to law. The magistrate will also decide whether or not the force applied in making

2590-468: The Administration of Justice Act, anyone may arrest a person caught in the act of committing a crime or in direct connection to a crime if the criminal act is subject to public prosecution. The arrestee must as soon as possible be turned over to the police with information about the time of and reasons for the arrest. In Ethiopia , any private person may arrest without warrant a person who has committed

2660-518: The Australian state of Victoria , the power to arrest is granted in section 458 of the Crimes Act 1958 (Vic). It states that a person may, without a warrant , arrest a person that they find committing an offence for one or more of the following reasons: A person may also arrest another person if they are instructed to do so by a member of the police force, or if they believe on reasonable grounds that

2730-508: The Citizen's Arrest and Self-defence Act. As a consequence, it is now possible to make a citizen's arrest in Canada in circumstances where a "reasonable" amount of time has lapsed between the commission of a property-related offence and the arrest. CRIMINAL CODE Arrest without warrant by any person Arrest by owner, etc., of property Delivery to peace officer (3) Any one other than

2800-509: The Republic of Ireland or Northern Ireland. The 1976 act, and a similar Westminster act giving reciprocal extraterritorial jurisdiction , obviated the need for extradition between the jurisdictions, which would have been more controversial. If the arrester lacks reasonable cause to believe the arrested person to have committed the offence, the latter may sue the former for defamation , wrongful arrest , or trespass . For most offences,

2870-493: The United States, a regular detective typically holds the rank of "Detective". The rank structure of the officers who supervise them (who may or may not be detectives themselves) varies considerably by department. In some Commonwealth police forces, detectives have equivalent ranks to uniformed officers but with the word "Detective" prepended to it; e.g. "Detective Constable" (DC) or " Detective Sergeant " (DS). In some countries , courts and judicial processes have yet to recognize

Detective (disambiguation) - Misplaced Pages Continue

2940-403: The arrest is allowed to hold the arrestee solely for the purpose of turning him over to a proper legal authority such as the police. In Brazil , a Federal law allows any person to arrest a suspect criminal found in flagrante delicto or fleeing from the crime scene. The person has to, at his/her own judgment, have the physical power to keep the suspect detained, has to verbally explain what (s)he

3010-432: The arrest is allowed to hold the arrestee solely for the purpose of turning them over to a proper legal authority such as the police. German law does not establish that the crime has to be serious, nor that the person making the arrest has to actually be a citizen of Germany. The use of force is authorized, but the force must be proportional ( verhältnismäßig ) to the circumstances and the suspected crime. Citizen's arrest

3080-705: The arrest was reasonable under the circumstances. According to the Law Society of New South Wales , the arresting person should: In the Australian state of Queensland , the power to arrest is granted by section 546 of Schedule 1 to the Criminal Code Act 1899 (Qld). Under the Act, any person who finds another committing an offence may, without warrant , arrest the other person. The power to arrest in Queensland also allows for arrest on suspicion of an offence: If

3150-501: The arrest, arrange for the other person, and any property found on the other person, to be delivered into the custody of a constable. Generally speaking, as regards the law in Australia: Where it is clear on the evidence that a private citizen, or security officer , in detaining a suspect, acted reasonably and the suspect unreasonably, then it is likely that the court will find in favour of the citizen or security officer and against

3220-614: The arrest, the person arrested must, without delay, be handed over to a justice of the peace or police officer, in accordance with section 552 of the Criminal Code. Legal advice should then be sought to avoid any possible legal action for wrongful arrest, false imprisonment or assault. Section 271 of the Criminal Law Consolidation Act 1935 (SA) grants arrest powers to a person in South Australia . s271(3): A person

3290-712: The commission, continuance or completion of an indictable offence or to effect or assist in effecting the lawful arrest of a person committing or suspected of committing any offence". It was only in 2004 that the Western Australian parliament repealed the provisions of the former section 47 of the Police Act 1892 which allowed any person to arrest without a warrant "any reputed common prostitute , thief , loose, idle or disorderly person , who, within view of such person apprehending, shall offend against this Act, and shall forthwith deliver him to any constable or police officer of

3360-427: The continuance or renewal of it, and to use such force as is reasonably necessary for such prevention and is reasonably proportioned to the danger to be apprehended from such continuance or renewal, and to detain any person who is committing or who is about to join in or to renew the breach of the peace for such time as may be reasonably necessary in order to give the person into the custody of a police officer. Following

3430-518: The crime in question is on the list of crimes subjected to citizens' arrest, the crime is evident, and law enforcement is absent from the scene. The term "citizen's arrest" is colloquially used for arrest, without an arrest warrant , made by someone other than a member of the Garda Síochána . Despite the colloquial name, non- Irish citizens have performed such arrests. The law of the Republic of Ireland , being derived from English law , inherited

3500-413: The crime, the behavior of the apprehended and the situation as a whole. French law allows any civilian to arrest a person caught in flagrante delicto committing a felony or misdemeanor punishable by a jail sentence, with the obligation to immediately bring that person before the nearest officer of the police judiciaire . In modern practice, one would detain the perpetrator and immediately call

3570-578: The following circumstances, a person may be immediately taken by any citizen to a public security authority, a people's procuratorate, or a people's court for handling: In the Czech Republic , pursuant to § 76 (2) of the Code of Criminal Procedure ("Zákon č. 141/1961 Sb. o trestním řízení soudním (trestní řád)"), the personal liberty of a person caught in the act of committing a crime or immediately afterwards may be restricted by anyone if necessary to establish

SECTION 50

#1733085194457

3640-402: The interrogation of suspects and the interviewing of witnesses, which takes time. Detectives may also use their network of informants, which they have built up over the years. Informants often have connections with people a detective would not be able to approach formally. Evidence collection and preservation can also help in identifying a potential suspect(s). Investigation of criminal activity

3710-472: The jurisdiction. For instance, in France and Germany , a person stopping a criminal from committing a crime, including crimes against belongings, is not criminally responsible as long as the means employed are in proportion to the threat. In both countries, this results from a different legal norm, "aid to others in immediate danger", which is concerned with prevention, not prosecution, of crimes. In Australia ,

3780-564: The nearest police, then hand over the perpetrator and any evidence to the first police officers to arrive at the scene. Use of force is not authorised. Citizen's arrests (in German: Jedermann-Anhalte- und -Festnahmerecht ) can be made under § 127 I 1 StPO (code of penal procedures) if the arrestee is caught in flagrante delicto and either the identity of the person cannot be otherwise established immediately or they are suspected to try to flee. The person making

3850-431: The offence has been actually committed–it is lawful for any person who believes on reasonable ground that another person has committed the offence to arrest that person without warrant, whether that other person has committed the offence or not. Section 260 of the Act also provides a power to arrest in preventing a breach of the peace : It is lawful for any person who witnesses a breach of the peace to interfere to prevent

3920-586: The offence; relevant offences include making off without payment , hawking revenue stamps , and property damage — this last permits arrest for a past crime as well as one in progress. In addition, the Criminal Law (Jurisdiction) Act 1976 schedules offences associated with the Troubles in Northern Ireland , and authorises anyone to arrest someone for committing or having committed such an offence, whether in

3990-460: The offender is escaping legal custody. Section 461 states that if an arrest is made under section 458 of the Crimes Act , and is later proven to be false, then the arrest itself will not be considered unlawful if it was made on reasonable grounds. Section 462A allows any person the right to use force "not disproportionate to the objective as he believes on reasonable grounds to be necessary to prevent

4060-490: The person's identity, prevent their escape or secure evidence. The arrester shall, however, be obliged to hand that person over immediately to the police authority; The arrester may also hand over a member of the armed forces to the nearest armed forces unit or garrison administrator. If such a person cannot be handed over immediately, the restriction of that person's personal liberty shall be notified without delay to one of those authorities. In Denmark , pursuant to § 755 (2) of

4130-590: The place where he shall have been apprehended, to be taken and conveyed before a Justice, to be dealt with according to law ..." A private citizen would have found it rather difficult to interpret the terms "loose" or "idle" with any degree of legal certainty . Citizen's arrest powers are now in section 25 of the Criminal Investigation Act 2006 (WA). In Austria , citizen's arrests ( Anhalterecht Privater ) can be made under § 80 Abs 2 StPO (code of penal procedures). The person making

4200-607: The police and at times even making citizens’ arrests while a crime is being committed. Citizen detectives can also help law enforcement by becoming witnesses for prosecutors , participating in local neighborhood watch groups, acting as citizen observers for law enforcement, or even aiding the police in searching for and arresting suspects as a posse . However, there have been cases of citizen detectives unintentionally compromising investigations if they lack real crime solving skills or even committing acts against suspected criminals that could be deemed vigilantism in nature. Before

4270-513: The police. In criminal investigations, once a detective has suspects in mind, the next step is to produce evidence that will stand up in a court of law. One way is to obtain a confession from the suspect; usually, this is done by developing rapport and, at times, by seeking information in exchange for potential perks available through the attorney's office, such as entering for a lesser sentence in exchange for usable information. In some countries, detectives may lie, mislead and psychologically pressure

SECTION 60

#1733085194457

4340-460: The power to arrest is granted by both federal and state legislation; however, the exact power granted differs depending on jurisdiction. The power to arrest for a federal offence is granted by section 3Z of the Crimes Act 1914 . Under the Act, a person who is not a police constable may, without warrant , arrest another person if they believe on reasonable grounds that: A person who arrests another person must, as soon as practicable after

4410-589: The practice of private detectives. In Portugal, presented proof loses significance when private detectives collect it. Even under these circumstances, the practice is in demand and governed by a code of conduct. A citizen detective, also known as an amateur detective, is an individual who devotes his or her time and expertise to aid in the solving of crime , without compensation or expectation of reward. Citizen detectives are private citizens that have no real professional relationship with law enforcement and lack any rational-legal authority whatsoever. The reasons why

4480-416: The premises in contravention of section 2. Delivery to police officer (2) Where the person who makes an arrest under subsection (1) is not a police officer, he or she shall promptly call for the assistance of a police officer and give the person arrested into the custody of the police officer. Chinese criminal procedure law empowers any citizen to make citizen's arrest: Article 82. Under any of

4550-516: The probationary period, the officer is assigned to look for evidence. During this time, the officer is supervised and mentored by a sergeant with years of experience. Some police officers go to a two-year or four-year college or university to get a degree in criminal justice or the management of criminal justice. You can get a concentration or a certificate in a specialized field of criminal investigation at some colleges. Through years of on-the-job training or college education, officers may participate in

4620-406: The state examination, applicants testing for a private investigation license must also meet stringent requirements, which include college education, a range of two to four years of full-time investigation experience and the successful adjudication of a criminal and civil background check conducted by state investigators. Private investigators are licensed to conduct civil and criminal investigations in

4690-412: The state in which they are licensed, and are protected by statutes of that state. In states requiring licensing, statutes make it unlawful for any person to conduct a criminal investigation without a license, unless exempted by the statute (i.e., law enforcement officers or agents, attorneys, paralegals , claims adjusters ). In Vietnam , private detective work is not yet officially recognized by law but

4760-477: The suspect (guilty or otherwise). The courts may order compensation for such suspects in appropriate circumstances. In the Australian state of New South Wales , the power to arrest is granted to anyone who is not a police officer by section 100 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). Under the Act, a person may, without a warrant , arrest another person if: Section 231 of

4830-425: The suspect if that suspect chooses, later, to sue the citizen for assault or false imprisonment. In other circumstances where, e.g. a property owner (or an agent) arrests a thief in a manner, and in circumstances, disproportionate to the likely harm to the victim, and in clear defiance of the rights of the suspect (for example, to be taken forthwith to a police station), then the court is very likely to find in favour of

4900-400: The wrong person is apprehended or a suspect's civil rights are violated. This is especially true when police forces are attempting to determine who an aggressor is. Private citizens do not enjoy the same immunity from civil liability when making arrests on other private citizens as police officers do. The level of responsibility that a person performing a citizen's arrest may bear depends on

#456543