Definitions Flashcards
All definitions
Section 494
Section 494 of the Criminal Code (CC) provides authorities for arrest without warrant by any person
What is Excited Delirium
Excited delirium is a condition that can be caused by drug or alcohol intoxication, psychiatric illness or a combination of both. Symptoms displayed by persons suffering from the condition may include any combination of
abnormal tolerance to pain
abnormal tolerance to pepper spray
acute onset of paranoia
bizarre or aggressive behaviour
disorientation
hallucinations
impaired thinking
panic
shouting
sudden calm after frenzied activity
sweating, fever, heat intolerance
unexpected physical strength
violence towards others.
gives everyone the fundamental “freedom of conscience and religion
Section 2 of Canadian Charter of Rights and Freedoms
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 1 of the Human Rights Code
Unreasonable Search and Seizure
Section 8 of the Canadian Charter of Rights and Freedoms
Cloutier v Langlois SCC 1990
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
portable, handheld security device capable of detecting metal objects authorized for use by the Service.
Handheld Metal Detector
means a document created to record the pertinent details of all Frisk & Strip searches and the authorization of a Body Cavity search. The template allows the Service to electronically capture the data required to properly report on all Frisk & Strip searches of persons (including self–identified transgender/transsexual persons) conducted by members. For prisoners that are booked into a police facility.
Booking and Search Template
means a document created to record the pertinent details of all Body Cavity searches. The template allows the Service to electronically capture the data required to properly report on all Body Cavity searches of persons (including self-identified transgender/transsexual persons) conducted by members
Body Cavity Search Template
means a document created to record the pertinent details of all Protective and Frisk searches that occur in the field where a person has not been brought into a police facility. The template allows the Service to electronically capture the data required to properly report on all searches of persons (including self–identified transgender/transsexual persons) conducted by members that have occurred in the field where the person was not brought in to a police facility.
Search in the Field only Template
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 person’s internal sense of being a man, woman, both or neither.
Gender
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 the person poses a safety risk. The scope of the search is limited to exterior patting of clothing such as pockets, waistband or areas that may reasonably conceal such items as weapons or implements that may be used as weapons, usually with open hands to maximize the ability to detect weapons through clothing. This search may also be described as a “safety search”, as that is the purpose and objective.
Protective Search
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 undergarments, or the areas of the body normally covered by undergarments. The removal of clothing such as belts, footwear, socks, shoes, sweaters, extra layers of clothing, or the shirt of a male would all be included in a Frisk search. A Frisk search may be commenced in the field and concluded at the station.
NOTE:
A Frisk search conducted incident to arrest includes the area within the immediate control of the arrested person.
Members shall make every effort to video and audio record all Frisk searches. Members are also required to articulate the justification for the manner and circumstances under which these searches are conducted. For the purposes of this definition, “Pat Down Search” means the same as, “Frisk Search”.
Frisk Search
the Supreme Court stated, “In addition to reasonable and probable grounds justifying the arrest, the police must establish reasonable and probable grounds justifying the strip search,” and “the police must establish they have reasonable and probable grounds for concluding that a strip search is necessary in the particular circumstances of the arrest
R v. Golden SCC 2001 SCC 83 - that which constitutes a strip search and what types of circumstances may justify one
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.
Trans
All important Case Law
Cloutier v. Langlois (Supreme Court of Canada) (1990)
- R. v. Flintoff (Ontario Court of Appeal) (1998)
- R. v. Coulter (Ontario Court of Justice) (2000)
- R. v. Golden (Supreme Court of Canada) (2001)
- R. v. Clarke, Heroux and Pilipa (Ontario Superior Court of Justice) (2003)
- R. v. Mann (Supreme Court of Canada) (2004)
- R. v. McGuffie (Ontario Court of Appeal) (2016)
- R. v. MacPherson (Ontario Native Council on Justice) (2018)
- R. v. Tonkin (Ontario Superior Court of Justice) (2020)
As a Search Incident to Arrest what can police search for
MIEW
- Means of escape
- Injury
- Evidence
- Weapons
- weapons
- anything that could cause injury (including drugs and alcohol)
- anything that could assist in a person’s escape
- evidence
What is the Case Law where
- 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
R .v COULTER Ontario Court of Justice 2000
When can Strip searches in the field be conducted
Searches in the field will only be justified 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, the arresting officers or other individuals.
Can Strip searched be video taped?
NO!!!
When handling ________
members shall be cognizant of human rights and unless circumstances make it impractical to do so, comply with the process below
items of religious significance
having regard for the:
immediate risk of injury
immediate risk of escape
immediate risk of destruction of evidence
safety of the member
safety of the person
safety of the public.
Accused young person (under _____ years of age) can be lodged in a divisional cell only:
under the age of 18
to prevent injury or to protect others from aggressive behaviour and
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.
In order to maximize safety of persons in custody and Service members assigned to their care what should be removed from prisoners
- valuable property
evidence
implements of escape
offensive weapons as defined in the Criminal Code
items which could be used as a ligature including belts, ties, and shoelaces
items which could be used to cause damage to property including matches, lighters, combs, keys and other sharp objects
prescription and over the counter medications
tobacco products
Duty to Accommodate persons with disabilities comes from
hint: 2 areas
Ontario Human Rights Code OHRC
and the Accessibility for Ontarians with Disabilities Act AODA
means a video surveillance system installed in the sally–port, booking hall and other areas of a police facility that is designed to record the booking and release of all prisoners as they enter and leave a police facility.
Booking Hall System (BHS)
means a police officer, court officer or custodial officer designated by the officer in charge as the person responsible for the care and handling of persons detained in custody
Booking Officer
means cells used during those hours in which the courts are sitting for
a) being held for a court appearance;
b) awaiting transportation to a detention facility;
c) ordered into custody by the court.
Court Cells
for the purposes persons in custody means any member designated as an audio/video operator with an understanding of how to operate the equipment.
Designated Operator
means any central lock–up and/or booking hall
Detention Facility
means cells that may be used for short term detention of a person in custody when:
being processed, or waiting to be processed, or to ensure the safety of the person and/or members;
awaiting transportation to a central lock–up;
being held for return by an outside agency
Divisional Cells
means an assigned division used to detain a person in custody:
when the person is held for a Show Cause hearing, or Judicial Interim Release where the bail court is closed
when outside of admitting hours stipulated in Procedure 03–03
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in any other circumstances where detention is authorized and necessary.
Lock Up
for the purposes of prisoner transportation, care and control, includes a police officer, court officer and custodial officer.
Member - Prisoner Care and Control
means divisional cells, central lock–ups and court cells used for the secure detention of persons in custody. An interview room is not a police cell.
Police Cells
for the purposes of prisoner transportation, includes _____ and __________vehicle owned or operated by the Service, that has the capacity to transport a driver and ____ or more passengers.
Two or more
Marked and Unmarked
Police Vehicle - Prisoner transportation
means money, jewellery and other items that may make a prisoner the target of theft or robbery.
Valuable Property
Members should be aware that certain restraint positions (i.e. ______________) might compromise _______and ________functions increasing the risk of death. Unless circumstances make it impossible, persons should be restrained in a _________position while being closely watched. Use of the sitting position permits easier breathing and cardiac function, while affording good positional control over the individual
Stomach down
Heart and Lung
sitting position
Positional Asphyxia
is a condition that can be caused by drug or alcohol intoxication, ________ illness or a combination of both. Symptoms displayed by individuals suffering from this condition may include any combination of
abnormal tolerance to pain
abnormal tolerance to pepper spray
unexpected physical strength
violence towards others
shouting
sweating, fever, heat intolerance
sudden calm after frenzied activity
bizarre or aggressive behaviour
impaired thinking
disorientation
acute onset of paranoia
hallucinations
panic
Excited Delirium
- can be caused by drug or alcohol intoxication, psychiatric illness
is characterized by _______and ________ symptoms that can occur after a person discontinues consuming high doses of alcohol. Symptoms of AWS may appear within ______ to _______ hours after a person’s last consumption of alcohol.
AWS more commonly affects those with a history of alcoholism and/or those who have experienced problems with alcohol withdrawal in the past.
Symptoms can depend upon the _______ of alcohol consumed, ________ of consumption, and the ________ of consumption prior to discontinuance.
Determining a “________” as to a person’s last consumption of alcohol is important in assessing the onset of AWS.
Alcohol Withdrawal Syndrome
physical and mental
within 6 to 12 hours
amount, frequency, duration
time-stamp
tremors (trembling or quivering)
anxiety
sleep disturbance (insomnia)
sweating (diaphoresis)
over responsive reflexes (hyperreflexia)
nausea/vomiting
Mild Symptoms
Mild symptoms can occur within _________hours after discontinuance and should subside within ___________ hours
24 hours
48 hours
Moderate Symptoms
intensified Mild Symptoms
rapid breathing (tachypnea)
racing heart rate (tachycardia)
agitation
Moderate Symptoms
Severely intensified Mild and/or Moderate Symptoms
hallucinations
seizures
disorientation
abnormally high fever (hyperthermia)
Severe Symptoms
Severe symptoms can occur within _________ hours after discontinuance and/or after a decrease in consumption of alcohol and can cause a person’s condition to deteriorate to a very serious condition known as ____________
48 hours after discontinuance
delirium tremens
__________may present between ________ to _________ hours after a person’s last consumption of alcohol
Seizures
12 to 60 hours
What form is the Return to Search Warrant Provincial
TPS 130
Reportee is situated in the City of Toronto
Missing person is a resident of the City of Toronto
Initial report who?
Missing Person A
Initial report: Division Reportee Resides
Reportee is situated outside the City of Toronto
Missing person is not a resident of the City of Toronto
Area the person is missing from is unknown
Initial Report who?
Missing Person E
TPOC to determine who does initial report
Reportee is situated in the City of Toronto
Missing person is not a resident of the City of Toronto
Area the person is missing from is known
Missing Person B
Initial Report: division where reportee resides
Reportee is situated outside the City of Toronto
Missing person is a resident of the City of Toronto
Missing Person D
Initial Report: Division where missing person resides
Reportee is situated outside the City of Toronto
Missing person is not a resident of the City of Toronto
Area the person is missing from is known
Missing Person E
Initial Report: Division area where missing person is known to be
Reportee is situated in the City of Toronto
Missing person is not a resident of the City of Toronto
Area the person is missing from is unknown
Missing Person C
Initial Report: Division where reportee is situated
What TPS Form number is Missing Person Search Assignment Form
TPS 230
What TPS Form is the Search Assignment Log form
TPS 231
What TPS form is the Search Urgency Chart
TPS 260
What TPS Form is the Missing Person Questionnaire
TPS 261
This is the form that the Supervisor fills for Missing persons
TPS 260A - Missing person risk assessment form now done in Versadex
means a portable storage box containing the necessary items essential to the supervisory officer at the scene of a Level 2 or Level 3 search. These items shall be determined by Procedure 04–05 and established practice, and should be located where it is easily accessible by the Officer in Charge
Divisional Storage Box
means the level of search implemented when a person is reported missing and there are no extenuating circumstances. At this level, there are minimal concerns regarding the issue of foul play or the infirmity or limitations of the missing person.
Level 1 Missing Person Search
means the level of search when a missing person is:
under _______years and judged likely to be _________of caring for themselves;
_________challenged;
over sixty five (65) years of age or _______, or;
there is evidence of ________.
Level 2 missing persons search
16 years of age
incapable
mentally challenged
over 65 years or infirm
foul play
means the investigator responsible for the effective governance and management of every threshold major case investigation and possesses the knowledge, skills, and abilities to perform the functions of Major Case Management. The Major Case Manager shall have successfully completed the Ontario Major Case Management Course or equivalent as defined by the Ontario Police College, and; shall have the resources to manage investigations through the minister–approved software, currently known as PowerCase. For the purposes of a homicide investigation, the Major Case Manager shall be an investigator from Detective Operations - Homicide.
Major Case manager
For the purposes of a sexual assault investigation, the Major Case Manager shall be an investigator from Detective Operations – Sex Crimes. For the purposes of a Human Trafficking investigation, the Major Case Manager shall be an investigator from Detective Operations - Sex Crimes-Human Trafficking Enforcement Team. For the purposes of a kidnapping investigation, the Major Case Manager shall be an investigator from Detective Operations - Organized Crime Enforcement
means a person where both the following circumstances exist with respect to the person:
The persons whereabouts are unknown and,
- the person has not been in contact with people who would likely be in contact with the person, or
- it is reasonable in the circumstances to fear for the person’s safety because of the circumstances surrounding the person’s absence or because of any other prescribed considerations.
Missing Person
- A member of a police force is unable to locate the person after making reasonable efforts to do so.
AND
-person’s whereabouts are unknown
- not been in contact with people who would likely be in contact
- it is reasonable in the circumstances to fear for the person’s safety.
-
means a web page located on the Service Internet site used to publish information and pictures regarding missing persons investigations that have proceeded to a Level 3 search
Missing Persons Search Page
means the national centre created and maintained by the Royal Canadian Mounted Police (RCMP) to compile data on missing persons and unidentified remains
NCMPUR
nation centre for missing persons and unidentified remains
means the team from Emergency Management & Public Order (EM&PO), supported by the requesting division, responsible for co–ordinating a Level 3 search for a missing
Search Management Team
means the national registry created and maintained by the________ to compile data on _________and _________children. The Toronto Police Service supports the registry and encourages officers to forward pertinent information to the RCMP to assist in matters of both parental and non–parental abduction.
National Missing Persons Operations
RCMP
Missing, Abducted
means the police officer in charge of ______ .
Search Manager
EMPO and Public Order Search Management Team
means a section of the Service as designated by the ______, such as a field headquarter, division, bureau or squad.
Unit
board
means the member of the Service, designated by the Chief of Police, who assesses procedural compliance of Regulated Interaction Reports, once they have been approved or restricted by a Supervisory Officer. The Controller – Regulated Interaction Reports is also responsible for:
fulfilling the role of subject matter resource for Supervisory Officers;
preparing a report to the Unit Commander of the Toronto Police College every three (3) months that outlines the results of all reviews undertaken specific to Regulated Interaction Reports; and
monitoring and reporting on any changes or amendments to legislation or Service Governance which may be relevant to training specific to Regulated Interactions.
Controller - Regulated Interactions
means all Person Investigated Card (Form 172), Field Information Report (Form 208), Community Inquiry Report (Form 306), and Community Safety Note (Street Check) records submitted into the Service’s records management systems prior to January 1, 2017, and may include any such submitted record whether or not it would have been categorized as a Regulated Interaction Report had it been submitted on or after January 1, 2017
Historical Contact Data
means any information that, alone or in combination with other information, can be used to identify an individual. It may include information about an individual’s race, age, sex, sexual orientation, gender identity, marital or family status, economic circumstances, and education, medical, psychiatric, psychological, criminal or employment history
Identifying Information
What is a Regulated Interaction?
means an attempt by a police officer to collect identifying information by asking an individual, in a face-to-face encounter, to identify himself or herself or to provide information for the purpose of identifying the individual, and includes such an attempt whether or not identifying information is collected,
i. only if that attempt is done for the purpose of,
- inquiring into offences that have been or might be committed; and/or
- inquiring into suspicious activities to detect offences; and/or
- gathering information for intelligence purposes;
But Does not include
ii. an attempted collection made by a police officer for the purpose of investigating an offence the officer reasonably suspects has been or will be committed;
iii. and does not include an attempt by a police officer to collect identifying information from an individual if,
- the individual is legally required to provide the information to a police officer;
- the individual is under arrest or is being detained;
- the police officer is engaged in a covert operation;
- the police officer is executing a warrant, acting pursuant to a court order or performing related duties; or
- the individual from whom the police officer attempts to collect information is employed in the administration of justice or is carrying out duties or providing services that are otherwise relevant to the carrying out of the police officer’s duties.
means the _______________ record of a Regulated Interaction submitted into the Service’s record management system, __________or not __________information was collected during the Regulated Interaction
Regulated Interaction Report
electronic
whether or not identifying information