Search Of Persons Flashcards
Search of persons
Definition:
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
Section One of the Human Rights Code
Search of Persons
Definition: gives everyone the fundamental “freedom of conscience and religion”
Section 2 Canadian Charter of rights and freedoms
Search of persons
Definition: “everyone has the right to be secure against unreasonable search or seizure”
Section 8 of the charter
Search of persons
The service has a duty to accomodate persons with disabilities under…
Ontario Human Rights Code and the accessibility for Ontarians with disabilities act
Search of Persons
The right to search incident to arrest is found in…
And upheld by ?
• Common law
• SCC cloutier v langlois 1990
Search of Persons
A police officer may search a person, when?
• consent
• Authorized by statute
• incident to arrest (common law)
Search of Persons
Incident to arrest police may search for?
• weapons
• means of escape
• evidence
• anything that could cause injury
Search of persons
How shall protective/frisk searches be conducted?
Audio and video
Search of persons
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, what shall a member do?
• advise the person of the reason for removing the device
• provide the person with the opportunity to remove the device when the self removal does not pose a potential risk of safety/injury to the person or member
• treat the device with respect at all times
Search of persons
How shall strip searches be conducted?
(Before the search)
• Rtc before the search
• afford the person to speak to counsel before the search
• search on Audiotaped only
Search of Persons definition
Definition: 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. _______ devices include a broad range of items such as mobility and visual/hearing aids, orthotics/prosthetics, speech devices, medical supples, environmental controls, and respiratory devices. Prosthetics used to express gender identity include: breast forms; chest binders, gaffs, packers, prosthetic penises and wigs.
Assistive/prosthetic devices
Search of Persons
Definition: this is used generally for search incident to arrest and means a more thorough search that may include emptying and searching pockets as well as removal of clothing, which does not expose a person’s under garments, or the areas of the body normally covered by under garments. The removal of clothing such as belts, footwear, socks, sweaters, extra layers of clothing, or the shirt of a male would all be included in a ____ ______. It may be commenced in the field and concluded at the station
Level 2 - Frisk Search
Search of Persons
Definition: this is used generally during investigative detention and involves a limited search of a person who has been detained by police when there is reasonable belief that the person poses a safety risk. The scope of the search is limited to exterior patting of clothing ad pockets, waistband or areas that may reasonably conceal such items as weapons or implements that may be used as weapons, usually open hands to maximize the ability to detect weapons through clothing.
Level 1 - safety search
Search of persons
R v golden?
Strip search SCC 2001
Search of Person’s
When can members conduct a strip search in the field?
• immediate safety risk where no other option is available.
