01-02 Search of Persons Flashcards
In December 2001, the Supreme Court of Canada made a ruling that directly impacted the search of a person incident to arrest, it was
a) R. vs. Gold
b) R. vs. Cloutier
c) R. vs. Golden
d) none of the above
c) R. vs. Golden
The lawful authority for searching a person comes from the Criminal Code of Canada
True or False
False, the lawful authority for searching a person comes stature and common law
Searches of persons can be conducted by:
a) a combination of male/female officers
b) whatever officers the OIC has available
c) a solo male or solo female officer
d) officers of the same gender of the arrested person
d) officers of the same gender of the arrested person
What are the options available to a trans persons for who they request to search them
a) conducted by men only, women only or a split search
b) conducted by men only, women only
c) they do not have a say, it depends on what officers are at the station to assist
d) none of the above
a) conducted by men only, women only or a split search
When removing gender affirming articles or prosthetic devices from a trans person, the officer should follow the below guidelines
a) advise person the reason for removal, do not ever allow them to remove the item themself, beware that the removal may be emotional due, treat items with respect at all times
b) advise person for reason for removal, advise that it will be returned back to them upon release, be aware that removal may be emotional due, treat items with respect at all times
c) advise person for the reason for removal, provide the person the opportunity to remove the item themself, be aware that removal may be emotional due, treat items with respect at all times
d) none of the above
c) advise person for the reason for removal, provide the person the opportunity to remove the item themself, be aware that removal may be emotional due, treat items with respect at all times
In the case of prosthetic devices, the officer should follow the below guidelines
a) remove the device in a private area, when self-removal is not possible ask how to properly remove it, allow adequate range if being reattached
b) remove device during protective search, when self-removal is not possible ask how to properly remove it, allow adequate range if being reattached, return device as soon as possible at the completion of the search
c) remove the device in a private area, when self-removal is not possible ask how to properly remove it, allow adequate range if being reattached, return device as soon as possible at the completion of the search
d) remove the device in a private area, when self-removal is not possible ask how to properly remove it, allow adequate range if being reattached, devices are not to be returned due to officer safety issues
c) remove the device in a private area, when self-removal is not possible ask how to properly remove it, allow adequate range if being reattached, return device as soon as possible at the completion of the search
Members handing an arrested persons religious items should treat them with
a) care
b) gloves on
c) respect
d) all of the above
c) respect
When deemed necessary to remove an assisted device from a person with a disability to conduct a search, the device should
a) be placed in a locker / cage until their release
b) given to them only when they need it, then removed again
c) returned to them as soon as practicable upon completion of search
d) removed unless the OIC gives permission for the item to be kept by the arrested person
c) returned to them as soon as practicable upon completion of search
The strength of grounds are the same regardless of the type of search being conducted
True or False
False, stronger grounds are required as the level of intrusiveness increases
Who has the ultimate decision as to whether an arrested person will have a strip search conducted
a) the arresting officers
b) the booker
c) the uniform road sergeant
d) none of the above
d) none of the above, the OIC makes this decision
A reason a strip search will be authorized is if the arrested person will come into contact with other arrested persons
True or False
False, they shall not be conducted solely on those grounds
A police officer may search a person
a) with a persons consent or when authorized by a statute
b) when authorized by a statute or after an arrest has been made
c) with a persons consent, when authorized by statute, after an arrest has been made, or at the direction of the OIC
d) with a persons consent, when authorized by statute, after an arrest was been made
d) with a persons consent, when authorized by statute, after an arrest has been made
Once a consent search is began, the person being searched no longer has the option of it being stopped
True or False
False, a person being searched can take the consent back, but not once an illegal item has been located
The following are items that a police officer may search for
a) weapons, firearms, anything that could cause injury and items that could assist in a persons escape
b) weapons, drugs, money and items that could assist in a persons escape
c) weapons, anything that could cause injury, anything that could assist in a persons escape
d) weapons, anything that could cause injury, anything that could assist in a persons escape, evidence
d) weapons, anything that could cause injury, anything that could assist in a persons escape, evidence
A protective or frisk search includes searching the area within the persons immediate surrounding
True or False
True
During a consent search, it is important that the following points are explained to the person
a) the nature of the search, they have the right to refuse the search, potential consequences of the search,
b) the nature of the search, they have the right to refuse the search, potential consequences of the search, and they can withdraw consent (unless evidence located)
c) they have the right to refuse the search, potential consequences of the search, and they can withdraw consent (unless evidence located)
d) the nature of the search, they have the right to refuse the search, and they can withdraw consent (unless evidence located)
b) the nature of the search, they have the right to refuse the search, potential consequences of the search, and they can withdraw consent (unless evidence located)
Searching of a police vehicle should be conducted
a) after a prisoner is booked by the OIC
b) prior to the prisoner being placed in the police vehicle
c) prior to transporting and upon arrival at the station
d) at the completion of the tour of duty
c) prior to transporting and upon arrival at the station
Which of the below are not objectives of a strip search
a) inspect each article of clothing in a methodical manner
b) permit the person to replace clothing items after inspection
c) provide replacement clothing if an item is to be seized
d) not leave the person in a completely naked state after the search
e) none of the above
e) none of the above, all are objectives of a strip search
Strip searches are to be audio and video tape, where possible
True or False
False, strip searches are only to be audio recorded
A cavity search is to be completed by the following person, at the following location
a) a police officer at a police facility
b) a nurse or doctor at a medical facility
c) medical practitioner at a hospital
d) all of the above are allowed
c) medical practitioner at a hospital
Hand held metal detectors are available to assist in a search of the person and are available to use at a police facility of in the field
True or False
False, a hand held metal detector can only be used in a search at a police facility
A protective search (formerly a level 1 search) is generally used during
a) upon arrest and prior to a strip search
b) an arrest on the road prior to being placed in a police vehicle
c) during an investigative detention
d) none of the above
c) during an investigative detention
A frisk search (formerly level 2 search) is conducted incident to arrest and can be described as
a) the same as a protective search
b) a more thorough search
c) the same as a strip search
d) none of the above
b) a more thorough search
The High Court has deemed that strip searches represent a significant invasion of privacy and are often humiliating
True of False
False, this was noted by the Supreme Court of Canada
