Search of Persons in custody

Question 1

What case was did the Supreme Court of Canada make a ruling in respect to the search of persons incident to arrest in December 2001?

Answer 1

R vs Golden

Question 2

Incident to arrest search comes from what authorization?

Answer 2

Common Law

Question 3

What types of searches are there?

Answer 3

1) Protective search
2) Frisk search
3) Strip search
4) Body cavity search

Question 4

What are the 3 options for strip searches regarding gender specific persons in custody?

Answer 4

1) Male on male
2) female on female
3) Split search

Question 5

What section of the Charter of Rights and Freedom says everyone has the right to be secure against unreasonable search and seizure?

Answer 5

Section 8

Question 6

What section gives everyone the fundamental freedom of conscience and religion?

Answer 6

Section 2

Question 7

What section of the Human Rights Code gives everyone the right to goods, services and facilities….

Answer 7

Section 1

Question 8

The Duty to Accommodate Persons with Disabilities comes from where?

Answer 8

The Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act.

Question 9

The Duty to Accommodate Persons with Disabilities comes from where?

Answer 9

The Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act.

Question 10

The onus is on the officer conducting and authorizing a search to justify the search is what?

Answer 10

necessary and reasonable

Question 11

What are the search authorities?

Answer 11

• with a persons consent
• when authorized by statute
• incident to arrest (common law)

Question 12

Incident to arrest authorization was upheld by the Supreme Court of Canada in 1990 in which case?

Answer 12

Clouthier vs Langlois

Question 13

What items cannot be seized during a search?

Answer 13

bras, underwire bras and string bikini tops

Question 14

Who can conduct a body cavity search?

Answer 14

if the person consents, by a qualified medical practitioner only

Question 15

Who shall book and authorize strip searches?

Answer 15

Staff Sergeants unless at a Central lock up where a designate can be appointed

Question 16

Disability can include

Answer 16

• diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical coordination, blindness, deafness, muteness or physical reliance on a guide dog, or in a wheelchair or any other remedial appliance
• mental impairment or developmental disability
• learning disability, dysfunction in processes involved in understanding symbols or a spoken language
• a mental disorder
• an injury or disability which benefits were claimed/received under an insurance plan under Workplace Safety and Insurance Act

Question 17

What is the definition of gender?

Answer 17

the set of socially classified behaviours, attitudes and norms associated with roles of men, women, tran, non binary and more. It encompasses gender identity, a persons internal sense of of being man, woman, both or neither.

Question 18

What is the definition of sex?

Answer 18

the classification of people as male, female or intersex based on specific combination of reproductive organs, chromosones and hormones assigned at birth based on observation of a person’s genitals.

Question 19

What is the definition of trans?

Answer 19

an umbrella term referring to people with diverse gender identities and expressions that differ from their assigned sex at birth. Trans persons may or may not make a social transition, have surgery, use prosthetic devices or take prescription medications to affirm their gender identity. They may or may not have identity documents that reflect their lived identity.

Question 20

When can a strip search be conducted in the field and how?

Answer 20

where there is a demonstrated necessity and urgency to search for weapons or objects that could be used to threaten the safety of the accused, arresting officers or other individuals.
It must conducted in a private area with only the searching officers able to view the person being searched.

Question 21

What is the definition of gender expression?

Answer 21

is how a person publicly presents their gender. It can include behaviour and outward appearance, such as dress, makeup, body language and voice. A person’s chosen name and pronoun are also common and is important in expressing gender.

Question 22

What is the definition of gender identity?

Answer 22

is each person’s internal and individual experience of gender. It is their sense of being a woman, a man, both or neither or anywhere along or beyond the gender spectrum. A person’s gender identity may be the same as or different from the typical pairing with their birth assigned sex. Gender identity is fundamentally different from a person’s sexual orientation.

Question 23

When can a young person be lodged in a divisional cell?

Answer 23

-when there is no adult present in the cells
OR
-when there is an adult present in the cells and there is adequate space to isolate the young person from the adult.

Question 24

Where must a prisoner be situated in a police vehicle with no screen?

Answer 24

• shall be placed in the right rear seat

- if an escort is available, shall occupy the left rear seat.

Question 25

When transporting a prisoner that requires priority booking to decrease the likelihood of a confrontation, what is the procedure?

Answer 25

request the comm operator to advise the OIC of the attending division.

Question 26

When can a property bag be left unsealed?

Answer 26

After being inventoried on camera, for investigative purposes, but must be in a secure location. It must be sealed prior to transport.

Question 27

Who can interview a person in custody?

Answer 27

• officers, members of law enforcement, govt agencies involved in the investigation
• defence counsel
• crown attorney or asst
• a parent, relative, spouse or adult friend (young person only)
• spouse or immediate relative at conclusion of investigation only
• a consular official where the person in custody is a foreign national

Question 28

What is the target time used to conduct cell checks on prisoners?

Answer 28

30 minutes

Question 29

When can a prisoner be given their methadone dosage?

Answer 29

following release from custody or remanded in custody, by request to corrections and after corrections have consulted with a prescribing doctor.

Question 30

When a person is lawfully held in custody, what is the obligations of the case manager?

Answer 30

• shall conduct a thorough investigation and advise the OIC of any info pertaining to the release or detention of the person
• ensure the front line officers return to the road as soon as possible.

Question 31

What are court cells?

Answer 31

cells used during the hours in which court is sitting.

Question 32

What is a detention facility?

Answer 32

any central lock up and or booking hall.

Question 33

What are divisional cells?

Answer 33

cells that may be used for short term detention of a person in custody when being processed, to ensure the safety of the person or members, awaiting transportation to a central lock up, or being held for return to another agency.

Question 34

What are police cells?

Answer 34

divisional cells, central lock ups and court cells used for the secure detention of a person in custody. An interview room is not a police cell.