Arrest 01-01 & Search of Persons 01-02

Question 1

In addition to the authorities to arrest without warrant given to any person in section 494, a peace officers is given additional authorities under what sections

Answer 1

31(1)
495 [1]
524 [2]
525 [6]

Question 2

Definition for 495 [1]

Answer 2

Has committed an indictable offence or the person the officer believes upon reasonable grounds has committed or is about to commit an indictable offense

The officer finds committing a criminal offense

On reasonable grounds the officer believes is wanted on a warrant of arrest or committal which is in force within the territorial jurisdiction where the person is found

Question 3

Definition 524 [2] and 525 [6]

Answer 3

Has contravened or is about to contravene the terms of a criminal release
Has committed an indictable offence while on release for criminal offence

Question 4

Definition for 31 [1]

Answer 4

Is found committing or is believed on reasonable grounds is about to commit a breach of the peace

Question 5

Entry to a dwelling house to affect the arrest is prohibited unless

Answer 5

Unless the arrest warrant is endorsed with an authorization to enter under 529 [1]

The arrest warrant is accompanied by a separate entry authorization warrant issued under section 529.1 the criminal code

Question 6

Are you allowed to enter a house without a Feeny warrant to prevent imminent bodily harm or death to any person

Answer 6

Yes

Question 7

Are you allowed to enter home without a Feeny warrant to prevent the imminent loss or imminent destruction of evidence

Answer 7

Yes

Question 8

Are you allowed to enter a home without Feeny warrant ?

Answer 8

No - only
RG to Believe to prevent imminent destruction/loss of evidence or
RG to suspect to prevent imminent loss of life or serious bodily harm

Question 9

Are you permitted to enter home without Feeney warrant if you are in fresh pursuit of an individual

Answer 9

Yes

Question 10

What must you obtain prior to entering a dwelling house to execute an arrest warrant

Answer 10

An endorsement on the arrest warrant under section 529 [1] or an authorization warrant form 7.1 under under section 529.1

Question 11

Do members have to ensure proper announcement is made prior to entry of a home

Answer 11

Except as provided on the warrant or when the reasonable grounds to believe that prior announcement of the entry would expose the officer or any other person to imminent bodily harm or death or result in imminent loss or imminent destruction of evidence relating to the commission of an indictable offence

Question 12

Does section 494 of the criminal code give you the power to arrest anyone

Answer 12

Yes

Question 13

There are 13 symptoms of excited delirium what are they

Answer 13

Abnormal tolerance to pain
Abnormal tolerance to pepper spray
Acute onset of paranoia
Bizarre or aggressive behavior
Disorientation
Hallucinations
Impaired thinking
Panic
Shouting
Sudden calm after frenzied activity
Sweating fever or heat intolerance
Unexpected physical strength
Violence toward others

Question 14

Can a guide dog accompany a person who has been arrested

Answer 14

No

Question 15

Who can an arrested person’s guide dog be given to

Answer 15

Friends or relatives or contact the TPOC for further resources such as Canine Vision Canada or the Humane Society

Question 16

Whose responsibility is it to ensure the safety of the person being released

Answer 16

Police officer

Question 17

Do the circumstances and time and place of a release matter in the release of an individual

Answer 17

Yes

Question 18

Must handcuffs be used on every arrested person

Answer 18

No, but be prepared to justify this decision

Question 19

How must a member treat an item of religious significance

Answer 19

With respect and handle the item appropriately

Question 20

If an assistive device is removed is it allowed to be returned to the person yes or no

Answer 20

Yes

Question 21

Can an assistive device be retained by members

Answer 21

Yes but it shall be made on a case-by-case basis taking into consideration all risk factors

Question 22

What are some of the factors that must be taken into account if retaining an assistive device or religious artifact

Answer 22

Immediate risk of injury
Immediate risk of escape
Immediate risk of destruction of evidence
Safety of the member
Safety of the person
Safety of the Public

Question 23

Must eReports be completed for all searches (body)

Answer 23

No just level 3 and level 4

Question 24

Who removes an assistive device from a person with a disability

Answer 24

Provide the person with the opportunity to remove the device himself if self removal does not pose potential risk of safety or injury to the person or member

Question 25

Who authorizes a level III search (body) or a level IV

Answer 25

The officer in charge

Question 26

How many members of the same-sex are present during the search (of a person)

Answer 26

2

Question 27

When a level III search (body) has been completed the officer shall complete what?

Answer 27

Complete a search of personal text template regardless of whether the respective search is only partially completed

Question 28

Who can remove weapon or evidence that is in a body cavity

Answer 28

A qualified medical practitioner or the person may remove the item in a controlled area if possible

Question 29

As an OIC where reasonable grounds to conduct a level III search (body) do not exist, what level search must be done

Answer 29

Level II

Question 30

What is a Level I search (body)

Answer 30

Level 1 Search means a “frisk” or “pat–down” search of the clothing, including pockets, that does not include the removal of any clothing except outerwear such as jackets, hats and/or gloves/mittens.

A Level 1 search has commonly been referred to as a “field search”.

Question 31

What is a Level II search (body)

Answer 31

means a more thorough search that may include the removal of clothing which does not expose a person’s undergarments or the areas of the body normally covered by undergarments. The removal of clothing such as belts, footwear, socks, shoes, sweaters, extra layers of clothing, or the shirt of a male would all be included in a Level 2 search.

A Level 2 search would normally be conducted in a location that provides some degree of privacy, such as a police facility or other safe surrounding.

A Level 2 search has commonly been referred to as a “general search”.

Question 32

What is a Level III search (body)

Answer 32

means a search that includes the removal of some or all of a person’s clothing and a visual inspection of the body. More specifically, a Level 3 search involves the removal of clothing that fully exposes the undergarments or an area of the body normally covered by undergarments (genitalia, buttocks, women’s breasts).

NOTE: The mere fact that portions of a person’s body normally covered by undergarments are exposed because of the way the person was dressed when taken into custody does not constitute a Level 3 search, if the removal of such clothing was not caused by the police (i.e. the arrest of a naked person does not in itself constitute a Level 3 search).

Due to the high degree of intrusiveness of this type of search, it shall only be conducted when it is reasonable and necessary, considering the purpose and the grounds that exist at the time, which justify the search.

A Level 3 search is equivalent to the term “strip search” used by the courts and other government agencies.

Question 33

What is a Level IV search (body)

Answer 33

means a body cavity search. For the purposes of Procedure 01–02, a Level 4 search means a search of the rectum or vagina.

Question 34

What is the purpose of a search of person template

Answer 34

The template allows the Service to electronically capture the data required to properly report on all Level 3 and Level 4 searches of persons

(including self–identified transgender/transsexual persons) conducted by members.

A separate template must be completed and submitted for each Level 3 or Level 4 search conducted.

Question 35

A police officer shall not arrest a person without warrant for summary conviction, dual procedure or 553 indictable offenses where there are reasonable grounds to believe the public interest has been satisfied what are they?

Answer 35

Repetition of the offence (prevent)
Identity of the person
Court -ensure that the accused will appear
Evidence - secure or preserve
Ensure the safety and security of any victim or witness to the offence

Question 36

During a continuation of an arrest if the publics interest is satisfied how may an offender be released

Answer 36

Unconditionally with no intent to proceed to court

Unconditionally with intent to seek a criminal summons

By way of an appearance notice (form 9)

Question 37

What are the level III risk factors that must be assessed before a level III search of a person is performed - Initial circumstances

Answer 37

-the details of the current arrest
-the history of the person
-any items already located on -the person during a Level 1 or 2 search
-the demeanour or mental state of the individual
-the risks to the individual, the police, or others, associated with not performing a Level 3 search
-the potential that the person will come into contact with other detainees, creating an opportunity for the person to hand off contraband, weapons, etc…to another prisoner (R. v. Coulter)
-

Question 38

What are the level III risk factors that must be assessed before a level III search of a person is performed-Secondary factors

Answer 38

• lodged in a cell awaiting transportation
• direct contact with other prisoners during transportation and lodging, creating the potential for conflict and/or weapons/contraband being passed from one person to the next
• unsupervised while being transported in a prisoner transportation wagon
• lodged in court cells with other prisoners and prisoners arriving directly from the correctional system
• transportation, lodging, escorting of prisoner at court conducted by unarmed court officers
• direct contact with booking officers, court officers, correctional officers, lawyers, and other court staff who are unarmed and have an expectation that every prisoner has been thoroughly searched to ensure officer, prisoner and public safety
• the duty to protect prisoners while in custody and their expectation that while in custody their safety is not compromised
• the officer in charge cannot know the background/history/state of mind of all the prisoners that will be brought into the system on any given day, but is required to ensure their protection

Question 39

Who must explain to an individual who is self identified as transgender or transexual a level III search (of a person)

Answer 39

The OIC

Question 40

How many officers search a transgendered person and what gender shall they be

Answer 40

male officers only or
female officers only or
a split search
- the officer in charge shall be guided by the preference of the individual to be searched, in terms of the gender of the person conducting the search.

Question 41

After a search of a transgender person what must be completed and who completes it

Answer 41

The OIC completes a Transgendered/Transsexual Level 3 Search Data Sheet text template

Question 42

May items of religious significance be stored together in one property bag

Answer 42

In general, it is acceptable to store items of religious significance together in one property bag