09-06 Property of Persons in Custody

Question 1

What is the Rationale?

Answer 1

It is the policy of the Toronto Police Service (Service) to remove property from prisoners either for the safety of the prisoners and members or to prevent injury or escape.

Question 2

Procedure

Court Services members will record and release the property of persons in custody in accordance with

Answer 2

this Procedure, in conjunction with unit specific policies.

Question 3

Police Officer

1. When property belonging to a person in custody is held for safety reasons or seized to prevent escape or injury SHALL

Answer 3

• count money and itemize other property on camera
• complete a TPS 400, ensuring to include the eReport number
• place the property in a property bag
• if cash is being held
  o complete a TPS 406, ensuring to include the eReport number
  o place cash in a separate property bag, and place in the initial property bag
• place cannabis in a separate property bag and seal the bag, in the presence of the Officer in Charge or designated supervisory officer on camera in the booking hall
• It is not necessary to weigh legally possessed cannabis prior to placing in a property bag
• place all prescribed medication in a separate property bag and make the appropriate entries in the Arrest Booking/Cell Management screen for each type of medication, ensuring to include the eReport number
• refrigerate prescribed medication, when required
• for health and safety reasons, unsealed food items that can reasonably be expected to spoil SHALL not be bagged or transported
• submit
  o large items
  o any legally possessed edged weapons, including pocketknives and box cutters
  o alcohol
  o liquids and glass containers (other than prescribed medications) to Property & Video Evidence Management Unit (PVEMU)
• In order to maximize the safety of prisoners held in police custody and the Service members assigned to their care, members of Court Services will not transport edged weapons.
• Transporting alcohol liquids, and glass containers may pose an unnecessary risk to members of Court Services due to potential breakage and/or damage to prisoner property. Members of Court Services will not transport alcohol in any form.
• if the property is turned over to another member obtain their signature in the memorandum book
• submit the completed property bags to the Officer in Charge or designated supervisory officer
• record the property bag numbers in
  o the original eReport
  o the memorandum book

Question 4

Police Officer

2. Where property is removed/seized from a person in custody and will not be

Answer 4

returned to the person upon release SHALL destroy Part 1 of the TPS 405

Question 5

Police Officer

3. When returnable property is removed from a person in custody and will not accompany the person SHALL

Answer 5

• make arrangements to have the property released to a relative/agent as soon as possible
• where the returnable property is not released to a relative/agent
• complete the applicable Property Report, TPS 405 and where applicable make the appropriate entries in the Arrest Booking/Cell Management screen with respect to medication
• serve a copy of the TPS 405 and TPS 407 on the prisoner
• submit the property and completed reports to the Officer in Charge or designated supervisory officer prior to the completion of the tour of duty
• deposit the property through the Divisional Locker Management System (DLMS) with the applicable Property Report, TPS 407 and TPS 405 for pickup by PVEMU
• secure liquids, glass containers and alcohol in a separate cardboard box affixed with a police seal, and complete a separate TPS 400 and TPS 401 for these items
• when submitting cash in conjunction with any other type of property
• record the cash on a separate TPS 405
• complete a TPS 406, ensuring to include the eReport number
• place it in a separate property bag and complete the information section on the front of the new bag
• add supplementary information to the original eReport
• for legal amounts of cannabis (or equivalents) submitted to PVEMU, also complete a TPS 404 and a separate TPS 405
• Any cannabis that is legally returnable will be returned to the seizing unit for release to the owner.

Question 6

Transporting Officer

4. Prior to transporting a person in custody to court, a correctional facility or medical facility SHALL ensure

Answer 6

• that the person’s property is accounted for
• the property bags are sealed with the exception of the bag containing medication for prisoners being transported to Court
• The bag containing medication for prisoners being transported to court SHALL remain open so it may be accessed should the medication need to be dispensed, in accordance with Procedure 01–03.
• the Prisoner Medication Record accompanies the person in custody, if applicable
• the medication and the Prisoner Medication Record are brought to the attention of the appropriate personnel where applicable
• If the property bag does not contain all listed property, SHALL not accept the bag.
• the returnable property accompanies the prisoner

Question 7

Officer in Charge / Designated Supervisory Officer

5. When property of a person in custody is held for safety reasons or seized for evidence SHALL

Answer 7

• examine the property and accompanying reports
• ensure all reports are complete, accurate and signed by the submitting officer
• ensure the eReport number is included on all Property Reports
• sign the completed reports
• ensure property bags are properly sealed, and the appropriate sections of the property bags are completed
• where property is not returned to the prisoner or will not accompany the prisoner to court, ensure the property and the applicable Property Report, TPS 407, if applicable, and TPS 405 are recorded and stored through the DLMS
• ensure that all property is stored in a secure location, which is inaccessible to the prisoner