Search of Persons Flashcards
What should be kept in mind when conducting searches of persons?
Searches of persons shall be conducted keeping in mind the ____ of the Service members, the person being searched, and the public are paramount.
• All searches of the person should be conducted thoroughly and in a _____ manner.
• Searches of the person shall not be conducted in an ______ or be conducted to intimidate, ridicule or induce admissions
safety
methodical
abusive fashion
Q Who should conduct the searches?
- All searches of the person shall be conducted by peace officers of the same sex unless 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.
Circumstances that may affect the treatment of a person’s item of religious significance are the:
- Immediate risk of ____
- Immediate risk of ____
- Immediate risk of ____
- Safety of the ____
- Safety of the ____
- Safety of the _____
injury escape destruction of property member person public
Q How is a search deemed to be lawful?
For a search to be lawful it must be _____ and _____ given all the circumstances and it must be conducted for a _______
reasonable and justified valid reason
Who provides the grounds to justify the search?
- The onus is on the officers conducting and authorizing a search to demonstrate that the search is justified in law, necessary and reasonable.
- Searches conducted simply as a matter of routine or ‘standard procedure’ is not justified in law.
- For safety reasons, except in extenuating services, 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.
Q Who makes the decision as to the level of search to be conducted?
- Stronger grounds are required as level of intrusiveness of a search increases.
- The decision as to the appropriate level of search rests with the searching officer, except in the case of Level 3 or 4 searches where the searching officer must consult with the Officer in Charge to ensure that reasonable grounds exist for conducting the search.
- The more intrusive the search the more justification is required, and officers must be able to articulate the need for the more intrusive search.
- The Officer in Charge is responsible for ensuring that the level 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.
Where is an officer’s right to search located?
The right to search as an incident to a lawful arrest is found in common law, and has been upheld by the Supreme Court, as long as the search is conducted for a valid objective and is not conducted in an abusive fashion(Cloutier v. Langlois, 1990)
Q What circumstances may be considered when contemplating a Level 3 search?
- The details of the current arrest
- The history of the person
- Any items already located on the person during a Level 1 or Level 2 search
- The demeanor or mental state of the individual
- The risks of 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.
Q In accordance with the Charter and the Ontario Human Rights Code, how should items of religious significance be treated?
- The Service recognizes that special arrangements may have to be made when handling items, articles, apparel, or clothing a person identifies as having religious importance (items of religious significance.)
- Members conducting searches of persons shall treat an item of religious significance with respect and handle the item appropriately.
In December 2001, the Supreme Court of Canada made a ruling in the case of R V _____ which directly impacted on the search of person incident to arrest.
R. v. Golden,
The lawful authority for searching a person comes from
statute or common law.
Members conducting searches of self-identified trans or gender diverse persons shall comply with Appendix C b
referring to the person in their chosen name and gender pronoun(s) after discussion with the prisoner, lodge according to their self-identified gender or lodging preference in accordance with 01-03 Appendix E unless it can be proven that there are specific overriding health and safety concerns that cannot be resolved, rendering the accommodation impossible. When a prisoner cannot be accommodated in this regard, members shall clearly articulate the reasons in their memorandum book; and ensure that information regarding a trans prisoner’s gender identity or gender history is shared on a need-to-know basis only with those persons directly involved with the case explain to the individual the following 3 options for a Search 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 when required to remove a gender-affirming article or prosthetic device/item (including breast forms, chest binders, gaffs, packers, prosthetic penises and wigs) from a trans or gender diverse person shall advise the person of the reason for removing the device/item provide the person with the opportunity to remove the device/item themselves when self-removal does not pose potential risk of safety/injury to the person or member be cognizant that trans and gender diverse persons may have an emotional as well as physical attachment to their gender affirming items and shall treat the device/items with respect at all times in the case of prosthetic devices whenever practicable allow for the removal of the device in a private area when self-removal is not possible, ask the person how to properly remove the device allow adequate space and range of motion for reattachment of the device return the device/item to the person as soon as possible upon completion of the search Assessments regarding the retention of gender-affirming personal articles including gender-affirming prosthetics shall be made on a case by case basis complying with 1.9.2 Standards of Conduct considering all risk factors, including those contained in Appendix B, Appendix C and 01-03 Appendix E. All available accommodation options shall be considered when making an assessment.
When it is determined that a person cannot be accommodated, the reasons for the determination must be clearly articulated in the memorandum book including all accommodation options considered.
- make appropriate entries in the memorandum book, including the Booking and Search template option selected by the person, and the rationale for the course of action taken - complete the appropriate sections of the Booking and Search Template. - Members shall document why particular actions were or were not taken.
Items of Religious Significance
Section __of the Canadian Charter of Rights and Freedoms (Charter) gives everyone the fundamental “freedom of conscience and religion”.
Section __ of the Charter states that “everyone has the right to be secure against unreasonable search or seizure”.
Section __of the Ontario Human Rights Code states “Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability.” From this section, creed is the issue that deals with religious beliefs
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Assessments regarding the retention of assistive devices shall be made on a _______ taking into consideration all risk factors, including those contained in Appendix B. Members shall also consider all available accommodation options when making their assessment
case by case
Members shall be cognizant that persons requiring the aid of an assistive device may have an ____ as well as ____ attachment to the device and shall treat the assistive device with respect at all times
emotional and physical
A police officer may search a person
with a person’s _______
when authorized by _____
after ________________
consent
statute
an arrest has been made (common law – incident to an arrest)
When required to remove an assistive device from a person with a disability or a gender-affirming prosthetic from a trans or gender diverse person (see Appendix C)
Prosthetic devices are attached to the body; therefore, improper removal can injure the person and/or damage the device - return the device/item to the person as soon as possible upon completion of the search
- Assessments regarding the retention of gender-affirming personal articles including gender-affirming prosthetics shall be made on a case by case basis complying with 1.9.2 Standards of Conduct considering all risk factors, including those contained in Appendix B, Appendix C and 01-03 Appendix E. All available accommodation options shall be considered when making an assessment
- record all relevant details in the memorandum book
Where there are reasonable grounds to believe that a person under arrest has secreted weapons or evidence in a body cavity shall
consult with the Officer in Charge
escort the person to the _________
comply with Procedure 03–06
request that the person remove the item in a controlled area of the hospital and with a ________ 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 ____________ - 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 Appendix C)
- 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 _____________
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
hospital
medical professional
qualified medical practitioner
Officer in Charge
when applicable, all Frisk searches must be ___ and ___recorded
audio and video
Strip searches shall ___ be conducted in the field for the sole purpose of preserving evidence. 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.
Not, Officer in Charge
Officer in Charge - search of Trans options:
a) male officers only or
b) female officers only or
c) 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
Officer in Charge - search of Trans - gender affirming items:
advise the person of the reason for removing the device/item provide the person with the opportunity to remove the device/item themselves when self removal does not pose potential risk of safety/injury to the person or member
be cognizant that trans and gender diverse persons may have an emotional as well as physical attachment to their gender affirming items and shall treat the device/items with respect at all times
The following process shall be followed when handling an item of religious significance.
Ask the person if they have an item of religious significance on their person or in their possession.
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a) Members shall advise the person if an item of religious significance will be removed, the reason the item is being removed, and provide the person with the opportunity to remove the item themselves if self–removal does not pose potential risk of safety/injury to the person or member.
b) When practicable, members shall use gloves when handling an item of religious significance.
c) When practicable, members shall facilitate the replacement of an item of religious significance as soon as possible when the item (apparel or clothing only) is removed and held for any purpose and is not being immediately returned to that person
d) Members shall place an item of religious significance in a separate property bag
- In general, it is acceptable to store items of religious significance together in one property bag
e) A sealed property bag containing an item of religious significance may be sealed within the main property bag when the person is being transported or held for a show cause hearing
Consent Search
Consent search generally applies to persons who are _____ . A police officer must be able to demonstrate that consent for a search was _______ . A person giving consent for a search must understand the possible consequences of the search prior to giving consent. A Consent search, in most instances, should ____ where other lawful authority exists
not under arrest, informed and freely given, not be used
