Search of Persons in custody Flashcards
The safety of prisoners, members and all other persons employed within the criminal justice system
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?
R vs Golden
Incident to arrest search comes from what authorization?
Common Law
What types of searches are there?
1) Protective search
2) Frisk search
3) Strip search
4) Body cavity search
What are the 3 options for strip searches regarding gender specific persons in custody?
1) Male on male
2) female on female
3) Split search
What section of the Charter of Rights and Freedom says everyone has the right to be secure against unreasonable search and seizure?
Section 8
What section gives everyone the fundamental freedom of conscience and religion?
Section 2
What section of the Human Rights Code gives everyone the right to goods, services and facilities….
Section 1
The Duty to Accommodate Persons with Disabilities comes from where?
The Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act.
The Duty to Accommodate Persons with Disabilities comes from where?
The Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act.
The onus is on the officer conducting and authorizing a search to justify the search is what?
necessary and reasonable
What are the search authorities?
- with a persons consent
- when authorized by statute
- incident to arrest (common law)
Incident to arrest authorization was upheld by the Supreme Court of Canada in 1990 in which case?
Clouthier vs Langlois
What items cannot be seized during a search?
bras, underwire bras and string bikini tops
Who can conduct a body cavity search?
if the person consents, by a qualified medical practitioner only
Who shall book and authorize strip searches?
Staff Sergeants unless at a Central lock up where a designate can be appointed
Disability can include
- 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
What is the definition of gender?
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.
What is the definition of sex?
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.
What is the definition of trans?
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.
When can a strip search be conducted in the field and how?
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.
What is the definition of gender expression?
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.
What is the definition of gender identity?
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.
When can a young person be lodged in a divisional cell?
-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.
Where must a prisoner be situated in a police vehicle with no screen?
- shall be placed in the right rear seat
- if an escort is available, shall occupy the left rear seat.
