Risk Assessment – Level of Search

Question 1

The right to search as an incident to a lawful arrest is found in _______, and has been upheld by the Supreme Court, as long as the search is conducted for a valid ________ and is not conducted in an _______ fashion.
 ___________ (Supreme Court of Canada) (1990)

Answer 1

common law
objective
abusive
Cloutier v. Langlois

Question 2

The ___________ is responsible for ensuring that the type of search appropriately addresses the risk factors associated to the current arrest including those related to the person, and logistical issues such as the type of transportation and contact with others that this individual is expected to encounter.

Answer 2

Officer in Charge

Question 3

In 2001, the Supreme Court of Canada, in the matter of _______, while upholding the common law right to search a person who had been lawfully arrested, placed restrictions on police officers contemplating ________

Answer 3

R. v. Golden

Strip searches

Question 4

Strip searches shall not be conducted in the field for the sole purpose of preserving ________. When a Strip search must be conducted in the field, it will be done in a private area with only the searching officers able to view the person being searched, where possible. When a Strip search must be conducted in the field, the searching officers shall immediately notify the __________ upon their arrival at the police station.

Answer 4

evidence

Officer in Charge

Question 5

Body Cavity searches shall not be performed by any member of the Toronto Police Service.
Where there are reasonable grounds to believe that a person under arrest has secreted weapons or evidence in a body cavity, the person shall be immediately transported to a ______ for treatment.
The person may consent to having the item or substance removed by a qualified ________.
If the person is not willing to have the _________ assist with the removal, they shall be restrained and held in isolation pending a Show Cause Hearing. The person shall be continuously monitored to ensure their safety and the safety of members of the Service until recovery of the item or substance is made.

Answer 5

not
medical facility
medical practitioner
medical practitioner