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2024 Supervisor > 01-02 Search Of Persons > Flashcards

01-02 Search Of Persons Flashcards

1
Q

What is the primary rationale for the right to search a person in the criminal justice system?

A

Safety of prisoners, members, and others employed within the system

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2
Q

Which Supreme Court case impacted the search of a person incident to arrest?

A

R. v. Golden (December 2001)

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3
Q

What must officers be able to articulate when conducting a search?

A

Their authority and grounds for the search

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4
Q

True or False: Routine police department policy can justify searches without clear legislative direction.

A

False

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5
Q

What notification is mandatory after conducting a strip search?

A

Officer in Charge notification regarding grounds and circumstances

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6
Q

What must be prioritized during searches of persons?

A

The safety of Service members, the person being searched, and the public

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7
Q

Who should conduct searches of a person?

A

Peace officers of the same gender, unless impractical due to immediate risks

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8
Q

What does Section 1 of the Ontario Human Rights Code state regarding treatment?

A

Every person has a right to equal treatment without discrimination

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9
Q

Fill in the blank: Members conducting searches of self-identified trans or gender diverse persons must refer to the person by their _______.

A

Chosen name and gender pronoun(s)

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10
Q

What options should be explained to a trans individual regarding searches?

A
  • Conducted by officers who are men only
  • Conducted by officers who are women only
  • A split search
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11
Q

What must be done if a gender-affirming item needs to be removed from a person?

A

Advise the reason and allow self-removal if safe

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12
Q

What must members document regarding the search process?

A

Reasons for actions taken or not taken in the memorandum book

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13
Q

What does Section 2 of the Canadian Charter of Rights and Freedoms protect?

A

Freedom of conscience and religion

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14
Q

True or False: Items of religious significance can be handled without special arrangements.

A

False

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15
Q

What is the duty of the Service regarding persons with disabilities?

A

To accommodate persons with disabilities under the Ontario Human Rights Code

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16
Q

What must be returned to a person with a disability as soon as practicable after a search?

A

Assistive device

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17
Q

What is required for a search to be lawful?

A

It must be reasonable and justified given the circumstances

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18
Q

What must be demonstrated for a consent search?

A

Consent must be informed and freely given

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19
Q

What are the grounds for searching a person incident to arrest?

A
  • Weapons
  • Evidence
  • Anything that could assist in escape
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20
Q

What must be recorded for all Protective and Frisk searches?

A

Captured on audio and video when practicable

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21
Q

What is the purpose of Race and Identity-Based Data Collection?

A

To collect, analyze, and publicly report on data related to race

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22
Q

What should officers do if a person does not speak English?

A

Provide services of an interpreter

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23
Q

What must be recorded in the memorandum book when a person cannot be accommodated?

A

Reasons for the determination and all accommodation options considered

This ensures transparency and accountability in decision-making.

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24
Q

What should be completed when a search of a person has occurred in the field and they have not been booked into a police facility?

A

Search in the Field Only Template

This template captures details of searches conducted outside a police facility.

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25
Q

In a consent search, what must the officer inform the person?

A

The person has a right to refuse consent and potential consequences of the search

This is crucial for ensuring the person’s rights are respected.

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26
Q

What should be done before transporting an arrested person?

A

Search the police vehicle and the arrested person

This is for safety reasons.

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27
Q

What must be done upon arrival at the station with an arrested person?

A

Search the police vehicle and advise the Officer in Charge of the search conducted

Ensures proper documentation and accountability.

28
Q

When a Strip search is deemed necessary, what must be read to the arrested party?

A

Their rights to counsel

This ensures the individual understands their legal rights before the search.

29
Q

What is the maximum number of officers involved in a Strip search?

A

No more than is reasonably necessary in the circumstances

This minimizes the intrusion on the individual’s privacy.

30
Q

Where must Strip searches be conducted?

A

In a private area of a secure police facility

This is to maintain the individual’s privacy and dignity.

31
Q

What is required when an item of religious significance is removed from a person?

A

The item must be treated with respect and handled appropriately

This is in compliance with cultural and religious sensitivities.

32
Q

What does the term ‘Handheld Metal Detector’ refer to?

A

A portable, handheld security device capable of detecting metal objects

It is authorized for use by the Service.

33
Q

What does ‘Assistive / Prosthetic Device’ include?

A

Mobility aids, visual/hearing aids, prosthetics for gender identity, and other supportive devices

These devices are essential for individuals with disabilities.

34
Q

What is the purpose of the Booking and Search Template?

A

To record details of all Frisk & Strip searches and the authorization of a Body Cavity search

This ensures accurate reporting and tracking of search procedures.

35
Q

What is a Protective Search?

A

A limited search during Investigative Detention based on safety risk

Also known as a safety search, it is focused on detecting potential weapons.

36
Q

What is the difference between a Frisk Search and a Strip Search?

A

A Frisk Search is a more thorough search without exposing undergarments, while a Strip Search involves visual inspection of private areas

Strip searches require a higher degree of justification due to privacy invasion.

37
Q

What must be done prior to conducting a Body Cavity search?

A

Ensure it is conducted by a qualified medical practitioner at a medical facility

This is to ensure the safety and legality of the procedure.

38
Q

What must officers do if a person refuses a Body Cavity search?

A

Advise the Officer in Charge and hold the person in isolation pending a Show Cause Hearing

Continuous monitoring is necessary for safety.

39
Q

What is the definition of ‘Disability’ according to the document?

A

Includes physical, mental, developmental disabilities, and learning disabilities

It encompasses a broad range of conditions affecting functional abilities.

40
Q

What should be done if reasonable grounds for a Strip search do not exist?

A

Ensure a Strip search is not conducted

Protects the rights and dignity of the individual.

41
Q

What is required for searches conducted with a Handheld Metal Detector?

A

Must be reasonable and justified given all circumstances

This ensures lawful search practices.

42
Q

What must police establish to justify a strip search?

A

Reasonable and probable grounds justifying the strip search

This includes specific circumstances of the arrest.

43
Q

Does the exposure of body parts due to clothing count as a strip search?

A

No, if the removal of clothing was not caused by the police.

Arresting a naked person does not constitute a strip search.

44
Q

What constitutes a strip search?

A

Rearrangement of clothing allowing visual inspection of private areas

This includes any search that exposes the individual’s private areas.

45
Q

Define Body Cavity Search.

A

Search of the rectum or vagina.

46
Q

What is Service Members’ Perception Data?

A

Information derived from a member’s observation regarding an individual’s race.

47
Q

What is the definition of Sex in this context?

A

Classification based on reproductive organs, chromosomes, and hormones assigned at birth.

48
Q

What does the term ‘Trans’ refer to?

A

People with diverse gender identities differing from their assigned sex at birth.

This includes transgender, trans men, trans women, non-binary, and gender non-conforming identities.

49
Q

List the types of searches a police officer may conduct incident to arrest.

A
  • Weapons
  • Items that could cause injury
  • Evidence
  • Items assisting in escape.
50
Q

What are the risk factors to consider for a strip search?

A
  • Details of the current arrest
  • History of the person
  • Items found during previous searches
  • Demeanor of the individual
  • Risks to safety
  • Potential for contact with other detainees.
51
Q

True or False: A strip search can be justified solely based on the fact that a person is held for a Show Cause hearing.

A

False.

Other factors must be considered; the situation alone does not justify a strip search.

52
Q

What is required before conducting a strip search at a police station?

A

Consultation with the Officer in Charge.

53
Q

What must police officers do if a strip search is necessary in the field?

A

Conduct it in a private area and notify the Officer in Charge upon arrival at the police station.

54
Q

What are the prohibitions regarding strip searches in the field?

A

Not for preserving evidence and must demonstrate necessity and urgency.

55
Q

What should be done if there are reasonable grounds to believe a person has hidden items in a body cavity?

A

Transport the person to a medical facility for treatment.

56
Q

Define Gender Expression.

A

How a person publicly presents their gender, including behavior and appearance.

57
Q

Define Gender Identity.

A

A person’s internal experience of gender, which may differ from their assigned sex at birth.

58
Q

What should officers do when interacting with trans persons?

A

Be sensitive to their needs and concerns while ensuring safety.

59
Q

What options should be explained to a trans individual for a search?

A
  • Male officers only
  • Female officers only
  • A split search.
60
Q

What considerations should be made regarding gender-affirming items during a search?

A
  • Advise the reason for removal
  • Allow self-removal if safe
  • Treat items with respect.
61
Q

When handling items of religious significance, what should police members do?

A

Seek direction from the individual regarding handling and treat items with respect.

62
Q

List the immediate risks considered when handling items of religious significance.

A
  • Immediate risk of injury
  • Immediate risk of escape
  • Immediate risk of destruction of evidence.
63
Q

What should be done if an item of religious significance is removed?

A

Advise the person of the reason and provide the opportunity for self-removal if safe.

64
Q

What may be sealed within the main property bag during transport?

A

An item of religious significance

This refers to items that hold spiritual or religious importance for the individual.

65
Q

What is the context in which the main property bag is used?

A

When the person is being transported or held for a show cause hearing

A show cause hearing is a legal proceeding where a party must show why a certain action should not be taken.

2024 Supervisor (46 decks)

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