Arrest 01-01 & Search of Persons 01-02 Flashcards
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
31(1)
495 [1]
524 [2]
525 [6]
Definition for 495 [1]
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
Definition 524 [2] and 525 [6]
Has contravened or is about to contravene the terms of a criminal release
Has committed an indictable offence while on release for criminal offence
Definition for 31 [1]
Is found committing or is believed on reasonable grounds is about to commit a breach of the peace
Entry to a dwelling house to affect the arrest is prohibited unless
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
Are you allowed to enter a house without a Feeny warrant to prevent imminent bodily harm or death to any person
Yes
Are you allowed to enter home without a Feeny warrant to prevent the imminent loss or imminent destruction of evidence
Yes
Are you allowed to enter a home without Feeny warrant ?
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
Are you permitted to enter home without Feeney warrant if you are in fresh pursuit of an individual
Yes
What must you obtain prior to entering a dwelling house to execute an arrest warrant
An endorsement on the arrest warrant under section 529 [1] or an authorization warrant form 7.1 under under section 529.1
Do members have to ensure proper announcement is made prior to entry of a home
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
Does section 494 of the criminal code give you the power to arrest anyone
Yes
There are 13 symptoms of excited delirium what are they
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
Can a guide dog accompany a person who has been arrested
No
Who can an arrested person’s guide dog be given to
Friends or relatives or contact the TPOC for further resources such as Canine Vision Canada or the Humane Society
Whose responsibility is it to ensure the safety of the person being released
Police officer
Do the circumstances and time and place of a release matter in the release of an individual
Yes
Must handcuffs be used on every arrested person
No, but be prepared to justify this decision
How must a member treat an item of religious significance
With respect and handle the item appropriately
If an assistive device is removed is it allowed to be returned to the person yes or no
Yes
Can an assistive device be retained by members
Yes but it shall be made on a case-by-case basis taking into consideration all risk factors
What are some of the factors that must be taken into account if retaining an assistive device or religious artifact
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
Must eReports be completed for all searches (body)
No just level 3 and level 4
Who removes an assistive device from a person with a disability
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
Who authorizes a level III search (body) or a level IV
The officer in charge
How many members of the same-sex are present during the search (of a person)
2
When a level III search (body) has been completed the officer shall complete what?
Complete a search of personal text template regardless of whether the respective search is only partially completed
Who can remove weapon or evidence that is in a body cavity
A qualified medical practitioner or the person may remove the item in a controlled area if possible
As an OIC where reasonable grounds to conduct a level III search (body) do not exist, what level search must be done
Level II
What is a Level I search (body)
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”.
What is a Level II search (body)
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”.
What is a Level III search (body)
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.
What is a Level IV search (body)
means a body cavity search. For the purposes of Procedure 01–02, a Level 4 search means a search of the rectum or vagina.
What is the purpose of a search of person template
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.
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?
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
During a continuation of an arrest if the publics interest is satisfied how may an offender be released
Unconditionally with no intent to proceed to court
Unconditionally with intent to seek a criminal summons
By way of an appearance notice (form 9)
What are the level III risk factors that must be assessed before a level III search of a person is performed - Initial circumstances
-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)
-
What are the level III risk factors that must be assessed before a level III search of a person is performed-Secondary factors
- 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
Who must explain to an individual who is self identified as transgender or transexual a level III search (of a person)
The OIC
How many officers search a transgendered person and what gender shall they be
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.
After a search of a transgender person what must be completed and who completes it
The OIC completes a Transgendered/Transsexual Level 3 Search Data Sheet text template
May items of religious significance be stored together in one property bag
In general, it is acceptable to store items of religious significance together in one property bag
