02-19 Report To A Justice/order For Continued Detention

Question 1

What is required by the Criminal Code every time property is seized by a peace officer?

Answer 1

A Report to a Justice (Form 5.2)

This requirement is stated in section 489.1 of the Criminal Code.

Question 2

What does the Controlled Drugs and Substances Act (CDSA) require for drug seizures?

Answer 2

A Form 5.2 must be completed

This is mandated in sections 12.1 and 13 of the CDSA.

Question 3

What is the purpose of a Return to a Search Warrant (POA 0838)?

Answer 3

Required for property seized under a search warrant or during warrantless searches

This is outlined in section 158.2 of the Provincial Offences Act (POA).

Question 4

What does Form 5.2 indicate?

Answer 4

Results of a search conducted and/or property seized

It is an official document presented during a hearing to a Justice.

Question 5

Who will determine the disposition of property seized?

Answer 5

Justice

The Justice will also hear requests for an Order for Continued Detention.

Question 6

What types of property require a Form 5.2 submission?

Answer 6

Seizure of drugs or any motor vehicle

This is mandated regardless of having a warrant.

Question 7

What is the time frame for including Form 5.2 in the related eReport after property is seized?

Answer 7

No later than fourteen (14) days

Delay may result in evidence being excluded from trial.

Question 8

Under what circumstance may drugs purchased from a suspect not require a Form 5.2?

Answer 8

Undercover drug purchases

These are not considered searches or seizures under the Charter.

Question 9

What must officers do if no items are seized during a search warrant execution?

Answer 9

Complete and submit a Form 5.2

This maintains the documentation process even when no seizures occur.

Question 10

What are the options for a police officer regarding the management of seized property?

Answer 10

Options include:
* Return to lawful owner
* Hold for further investigation
* Continued detention for legal proceedings

Each option depends on the status of charges.

Question 11

Who must a police officer consult with for direction on returning seized property?

Answer 11

Crown attorney

This is necessary before returning any property to the lawful owner.

Question 12

What are the retention periods for found property according to the Community Safety and Policing Act?

Answer 12

Motor vehicles: 30 consecutive days; Other property: 90 consecutive days

These periods are specified for different types of found property.

Question 13

How long do finders of certain property have to claim it after the retention period expires?

Answer 13

Within a seven (7) consecutive day grace period

This applies if the lawful owner cannot be identified.

Question 14

Who may file a Report to a Justice (Form 5.2) when a search warrant has been executed?

Answer 14

An involved officer or a common informant

A common informant must be a peace officer informed about the investigation.

Question 15

What are the responsibilities of officers from Detective Operations regarding large seizures?

Answer 15

Submit an exhibit list and ensure a Form 5.2 is completed and filed

This is done to maintain proper documentation of evidence.

Question 16

When is an Order for Continued Detention not required?

Answer 16

Once seized property has been entered as an exhibit at a legal proceeding

This applies if charges have been laid.

Question 17

What is the maximum detention period for property where no charges are laid?

Answer 17

Shall not exceed three (3) months

This is from the date of seizure.

Question 18

What must be completed for continued detention beyond three (3) months?

Answer 18

A TPS 143 must be completed

This follows a notice served to the person from whom the item was seized.

Question 19

What is the cumulative maximum detention period for seized property?

Answer 19

Shall not exceed one (1) year

This is from the date of seizure.

Question 20

What is the time frame for submitting Form 5.2 after executing a telewarrant?

Answer 20

Not exceeding seven (7) days

This is from the date the property was seized.

Question 21

What must be done before applying for an Order for Continued Detention beyond twelve (12) months?

Answer 21

Consult with the Office of the Crown Attorney

This is required before making an application before a Superior Court Justice.

Question 22

Define ‘Abandoned Property’.

Answer 22

A thing over which a person has surrendered any possessory right or privacy right

It may relate to a crime and potentially has evidentiary value.

Question 23

What is an Affiant?

Answer 23

A police officer who swears to an affidavit

This is commonly used when requesting a search warrant.

Question 24

What does a Case Manager do?

Answer 24

Prepares and manages a case for trial

Assigned for each Confidential Crown Envelope.

Question 25

Who is a Common Informant?

Answer 25

A peace officer informed about the investigation and seizure

Examples include the affiant or case manager.

Question 26

What does Continued Detention refer to?

Answer 26

Detention of property beyond the initial three (3) months from the date of seizure

It must follow due process.

Question 27

What is the role of an Exhibits Officer?

Answer 27

Delegate to seize all property during a search warrant execution

Responsible for managing the evidence collected.

Question 28

Define Forfeiture.

Answer 28

Seizure of private property because it was illegally obtained or is an illegal substance

It also applies when the legal basis for possession has ended.

Question 29

What is a Forfeiture Order?

Answer 29

An order to authorize the disposal of seized property by legal authorities

Signed by a Justice.

Question 30

What constitutes Found Property?

Answer 30

Any property located by a member or citizen and turned over to a member

The item has no apparent evidentiary value at the time.

Question 31

What is Informational Material?

Answer 31

Information obtained from a thing that is seized

It can be used as evidence in legal proceedings.

Question 32

What does ‘Peace Officer’ mean in the context of filing a Report to Justice Form 5.2?

Answer 32

A police officer or sworn special constable (excluding those assigned to Court Services)

This defines who can submit the Form.

Question 33

What is the definition of Property in this context?

Answer 33

Any article and/or document found, seized, or surrendered to a Service member

This includes items intended to be surrendered.

Question 34

What is Seized Property?

Answer 34

A thing seized from a person or place by a peace officer without consent

Can include informational material.

Question 35

Define Seizing Officer.

Answer 35

A peace officer who has seized property, with or without a search warrant

Includes special constables during lawful duties.

Question 36

What does Surrendered Property refer to?

Answer 36

Any article or document whose possession has been voluntarily given to a member

May or may not have evidentiary value.