Search of Persons Flashcards
In December 2001, the Supreme Court of Canada made a ruling on a case which directly impacted on the search of a person incident to arrest.
R. v. Golden
In relation to searches, in what circumstances is it mandatory for the Officer in Charge to be notified?
- after conducting a search at the station
- regarding grounds and circumstances (Strip search)
- there are reasonable grounds to believe the person under arrest has secreted weapons or evidence in a body cavity
All searches of the person shall be conducted by peace officers of the same gender except under what circumstances?
circumstances make it impractical to do so, having regard to the immediate risk of injury, escape, or the destruction of evidence. Consideration shall be given when dealing with trans persons, wherever practicable
Assessments regarding the retention of gender-affirming personal articles including gender-affirming prosthetics shall be made on a case by case basis complying with what?
Section 1.9.2 Standards of Conduct considering all risk factors. All available accommodation options shall be considered when making an assessment.
Search of a person without warrant is prima facie unreasonable under sec. 8 of the charter. As the lawful authoruty for searchinhg persons comes from statute or common law, what does this procedure detail?
Searches conducted simply as a matter of routine or “standard procedure” is not justified in law. However, for safety reasons, except in extenuating circumstances, all persons under arrest must be searched prior to being placed in a police vehicle, prior to being brought into a police station, and prior to being placed in a police cell.
Stronger grounds are required as the level of intrusiveness of a search increases. The onus is on the officers conducting and authorizing a search to demonstrate that the search is justified in law, necessary and reasonable.
What are the three types of search that must be conducted prior to a strip search being conducted?
A PROTECTIVE SEARCH and FRISK SEARCH must be completed prior to any STRIP SEARCH being conducted.
In what circumstances may a police officer search a person?
- with a person’s consent
- when authorized by statute
- after an arrest has been made (common law – incident to an arrest)
POLICE OFFICER
Where there are reasonable grounds to believe that a person under arrest has secreted weapons or evidence in a body cavity what shall be done?
- consult with the Officer in Charge
- escort the person to the hospital
- comply with Procedure
- request that the person remove the item in a controlled area of the hospital and with a medical professional present, if possible
- if the person is unable or unwilling to remove the item and consents to a search
- ensure that the search is conducted by a qualified medical practitioner
- remain with the person while the search is taking place (same gender officers only, or if the person has self-identified as trans or gender diverse, in compliance with )
- advise the Officer in Charge of the results
- where the person refuses a Body Cavity search by a medical practitioner, and the item has not been removed
- advise the Officer in Charge
- restrain the person and hold in isolation pending a Show Cause Hearing
- continuously monitor the person to ensure their safety and the safety of Service members until recovery of the item or substance is made
OFFICER IN CHARGE of a unit where persons are detained shall ensure what duties are performed?
- the decision to search a person has been evaluated based on reasonable and probable grounds and all risk factors
- all arrested parties are advised, on camera, of the level of search to be performed and the manner and location in which it will be carried out
- a Frisk search must be completed prior to any Strip search being conducted
- when applicable, all Frisk searches must be audio and video recorded. If not, the reason shall be documented accordingly
- searches are conducted appropriately and the required Booking and Search Template has been completed for all Strip and Body Cavity searches
- every effort is made to provide persons who do not speak English or, who by reason of disability have difficulty communicating with the services of an interpreter in compliance with Procedure 04-09 or
other person who can assist the person in understanding the process - prisoners’ property is handled in compliance Procedures 01-03 and 09-06 as applicable
- when an item of religious significance is removed from a person that the item is treated with respect and handled appropriately
- assessments regarding the retention of assistive devices are made on a case-by-case basis taking into consideration all risk factors, including those contained in and all available accommodation options
- when it is determined that a person with a disability requiring the aid of an assistive device cannot be accommodated, the reasons for the determination are clearly articulated in the memorandum book, including all accommodation options considered
Who shall book prisoners and authorize Strip Searches?
Note: Staff Sergeants shall book prisoners and authorize Strip Searches, unless at a Central lock-up where a designate can be appointed
Definition - Assistive/Prosthetic Device
means a device used to replace, compensate for, or improve the functional abilities of people with disabilities or for trans or gender diverse persons to affirm gender identity. Assistive device includes a broad range of items such as mobility and visual/hearing aids, orthotics/prosthetics, speech devices, medical supplies, environmental controls and respiratory devices. Prosthetics used to express gender identity include: breast forms, chest binders, gaffs, packers, prosthetic penises and wigs.
Definition - Disibility
any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device;
- a condition of mental impairment or a developmental disability;
- a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language;
- a mental disorder, or;
- an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act; (“handicap”).
- (Source: Ontario Human Rights Code, Accessibility for Ontarians with Disabilities Act)
Definition - Gender
the set of socially classified behaviours, attitudes and norms associated with and roles of men, women, trans people, non-binary people and more. Encompasses gender identity, a persons internal sense of being a man, woman, both or neither
Definition - Sex
the classification pf people as male, female or intersex based on a specific combination of reproductive organs, chromosomes and hormanes and assigned at birth on observation of a person’s genitals
Definition - Trans
is an umbrella term referring to people with diverse gender identities and expressions that differ from their assigned sex at birth. It includes but is not limited to people who identify as transgender, trans woman (someone assigned male at birth who knows themself to be a woman), trans man (someone assigned female at birth who knows themself to be a man), non-binary, gender non-conforming, gender variant or gender queer. Some people may consider two-spirit to be a trans identity. Trans persons may or may not make a social transition, have surgery, use prosthetic devices or take prescription medications (such as hormone therapies), to affirm their gender identity. They may or may not have identity documents that reflect their lived identity.
