Search of person 01-02 / 01-02 Appendix D –Handling Items of Religious Significance Flashcards by Unknown Unknown

In————— , the Supreme Court of Canada made a ruling in the case of ——–, which directly impacted on the search of person incident to arrest

December 2001
R. v. Golden

How well did you know this?

Not at all

Perfectly

The lawful authority for searching a person comes from statute or ——law. Officers conducting searches must be able to articulate their authority and grounds for doing so.

The Toronto Police Service (Service) agrees with the courts that clear legislative prescription as to when and how strip
searches should be conducted would be of assistance to the police and to the courts

common

How well did you know this?

Not at all

Perfectly

OIC notification mandatory

 ———- conducting a search at the station
 regarding ———- and circumstances (Strip search)
 there are reasonable grounds to believe the person under arrest has secreted weapons or ——— in a body cavity

after
grounds
evidence

How well did you know this?

Not at all

Perfectly

Searches of persons shall be conducted keeping in mind that the ——— of Service members, the person being searched,
and the public are paramount. All searches of the person should be conducted ——— and in a ———- manner.

safety
thoroughly
methodical

How well did you know this?

Not at all

Perfectly

Searches of the person shall not be conducted in an —— fashion or be conducted to intimidate, ———or induce
admissions. Regardless of what type of search is undertaken, the ——— and the privacy of a person must always be
given consideration

abusive
ridicule
dignity

How well did you know this?

Not at all

Perfectly

All searches of the person shall be conducted by peace officers of the same ——unless circumstances make it
impractical to do so, having regard to the immediate risk of injury, escape, or the ——of evidence.

Consideration shall be given when dealing with trans and gender diverse persons, wherever practicable (see Appendix C).

gender
destruction

How well did you know this?

Not at all

Perfectly

Section 1 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 ?

PC RACE SSAM GFGD

race, ancestry, place of origin, colour, ethnic origin, citizenship,
creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability.”
*reciept services housing
*record offences in employment
*sex breastfeeding pregnancy

How well did you know this?

Not at all

Perfectly

The Service acknowledges its obligation and responsibility, short of undue hardship, to —— self-identified trans or gender diverse persons. Members conducting searches of self-identified trans or gender diverse persons SHALL comply with Appendix C by

 referring to the person in their —— name and gender ————

 after discussion with the prisoner, lodge according to their ———- 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 ———- basis only with those persons directly involved with the case

 explain to the individual the following three (3) options for a Search

 conducted by officers who are men only or
 conducted by officers who are women only or
 a —— search

accommodate
chosen
pronoun(s)
self-identified gender
need-to-know
split

How well did you know this?

Not at all

Perfectly

The Service acknowledges its obligation and responsibility, short of undue hardship, to accommodate self-identified trans or gender diverse persons. Members conducting searches of self-identified trans or gender diverse persons SHALL comply with Appendix C by cont:

 the Officer in Charge shall be guided by the ——–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 b—- forms, c—- binders, g—, p—–, prosthetic p— and w—–) from a trans, gender diverse or cis-gendered person SHALL

 advise the person of the —– for removing the device/item

 provide the person with the ———to remove the device/item themselves when self-removal does not pose potential risk of safety/injury to the person or member

preference
breast forms, chest binders, gaffs, packers, prosthetic penises and wigs
reason
opportunity

How well did you know this?

Not at all

Perfectly

 be cognizant that trans and gender diverse persons may have an emotional as well as —- 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 ——- area
 when self-removal is not possible, ask the person —- to properly remove the device
 allow adequate space and ——of motion for reattachment of the device
 ——- 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 ——-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.

physical
private
how
range
return
1.9.2

How well did you know this?

Not at all

Perfectly

 When it is determined that a person cannot be accommodated, the reasons for the determination must
be clearly ——- in the memorandum book including all accommodation options considered.
 make appropriate entries in the memorandum book, including the ———- 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.

articulated
Booking and Search

How well did you know this?

Not at all

Perfectly

Self- Identified Trans or Gender Diverse Persons
after discussion with the prisoner, lodge according their———– or lodging preference in accordance with 01-03 Appendix E unless it can be proven that there are specific overriding ——– 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

self-identified gender
health

How well did you know this?

Not at all

Perfectly

Self identified or gender diverse person

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 —— involved with the case

directly

How well did you know this?

Not at all

Perfectly

Self-identified Trans or Gender Diverse persons
explain to the individual the following three (3) options for a Search
 conducted by officers who are men only or
 conducted by officers who are women only or
 a split search

How well did you know this?

Not at all

Perfectly

Self-identified Trans or Gender Diverse person
The OIC SHALL be guided by the ——– of the individual to be searched in terms of the gender of the person conducting the search

preference

How well did you know this?

Not at all

Perfectly

 provide the person with the opportunity to remove the device/item themselves when self-removal does
not pose potential risk of ——–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 ——–at all times

safety/injury
respect

How well did you know this?

Not at all

Perfectly

when required to remove a gender-affirming prosthetic device how are they to be removed ?

 whenever practicable allow for the removal of the device in a ———– area

 when self-removal is not possible, ask the person how to ————-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

private
properly

How well did you know this?

Not at all

Perfectly

ssessments 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 ———when making an assessment.

considered

How well did you know this?

Not at all

Perfectly

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 ——— why particular actions were or were not taken

document

How well did you know this?

Not at all

Perfectly

Items of Religious Significance
Section 2 of the Canadian Charter of Rights and Freedoms (Charter) gives everyone the fundamental

“freedom of ——— and ———- ”.

conscience
religion

How well did you know this?

Not at all

Perfectly

Section 8 of the Charter states that

“everyone has the right to be secure against unreasonable
search or seizure”.

How well did you know this?

Not at all

Perfectly

any item of
religious significance identified by a person shall be handled according to the process established in Appendix D, unless
circumstances make it impractical to do so, having regard for the

 immediate risk of i——
 immediate risk of e—–
 immediate risk of d————-
 safety of the m——
 safety of the p——
 safety of the p——

Member must be able to articulate why or why particular actions were not taken

IED MPP - search criteria

 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

How well did you know this?

Not at all

Perfectly

Duty to Accomodate Persons with Disabilities
under the Ontario Human Rights Code and the
————for Ontarians with Disabilities Act. When required, any infringement of a person’s right to be accommodated must be —— in nature, and no more than is necessary to achieve the ——–objective

minimal
Accessibility
desired

How well did you know this?

Not at all

Perfectly

Assessments regarding the retention of assistive devices shall be made on a case-by-case basis taking into consideration all —– factors, including those contained in Appendix B. Members shall also consider all available ——–options when making their assessment.

risk
accommodation

How well did you know this?

Not at all

Perfectly

For a search to be lawful, it must be ---------and justified given all the circumstances and it must be conducted for a --------reason. The onus is on the officers conducting and authorizing a search to demonstrate that the search is justified in law, necessary and reasonable.

reasonable valid

Warrantless searches are prima facie unreasonable and contrary to sec 8 of the charter. What searches are recognized as lawful, However, searches incident to the arrest of a person are recognized as lawful at ------ law and do not require a warrant. Searches cannot be justified by citing standard procedures. However, for safety reasons, except in extenuating circumstances, ----- persons under arrest must be searched at the first available opportunity.

common all

Strip searches SHALL not be conducted on persons brought into custody by Toronto Police Offices based soley on the grounds that the person may come into --------with other persons in custody. Accordingly, persons in custody who have been Frisk searched are no longer ------- from being placed with those who have been Strip searched. Search Authorities

contact restricted

Search Authorities A police officer may search a person  with a person’s ---------  when authorized by ---------  after an ---------- has been made (-----------law – incident to an arrest)

 with a person’s consent  when authorized by statute  after an arrest has been made (common law – incident to an arrest)

Consent search generally applies to persons who are not under arrest. A police officer must be able to demonstrate that consent for a search was informed and freely given. A person giving consent for a search must understand the possible --------- of the search prior to giving consent. A Consent search, in most instances, should not be used where other --------- authority exists.

consequences lawful

Search incident to arrest 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)

As an incident to arrest a police officer may search for  w------------  anything that could cause ---------- (including drugs and alcohol)  anything that could assist in a person’s -----------  e-------------

 weapons  anything that could cause injury (including drugs and alcohol)  anything that could assist in a person’s escape  evidence

Wherever practicable all protective and frisk searches including the removal of excess clothing must be captured on --------------

Audio and video

Full details of ALL searches SHALL be recorded in the -----------book including the --------for the type of search conducted. Appropriate entries shall be recorded in the applicable eReport for all Strip and Body Cavity searches and must be completed in its entirety

memorandum grounds

Member when conducting a search SHALL  record all Protective and Frisk searches on audio and video, and if not able to do so, record reasons in the memorandum book  not use any more force than is ------- and reasonable under the circumstances to conduct a search  make every effort to provide persons who do not speak English or who by reason of disability have difficulty communicating  with the services of an interpreter in compliance with Procedure 04–09, or  other person who can assist the person in understanding the process  advise the person of the ---------- that they are being searched  search the person  every effort should be made, where appropriate, to have the searching officers be of the same ------- as the person being searched and comply with Appendix C when searching a trans person  search the area within the person's immediate ---------, if applicable  remove -------, anything that could cause injury (including drugs and alcohol), anything that could assist in the person's escape, or evidence of an offence, as applicable  seize all evidence obtained  ask the person if they have an item of --------significance on their person or in their possession, and comply with Appendix D, when applicable

necessary reason gender surroundings weapons religious

when required to remove an item of religious significance make reasonable effort to ensure  the removal and search occurs in a --------setting

private

when practicable, facilitate the replacement of an item  when practicable, facilitate the replacement of an item as soon as possible when an item of religious significance (apparel or -------only) is removed and held for any purpose and is not being immediately returned to that person

clothing

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  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 -------- to the person or member  treat the assistive device/item 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, ----the person how to properly remove the device  allow adequate ----- and range of motion for reattachment of the device * prosthetic devices are attached to the body therefore, improper removal can injure the person and or damage the device ------ the device/item to the person as soon as possible upon completion of the search

safety/injury ask space Return

When a search of person has occurred in the field and the person has not been booked into a police facility shall complete the Search in the ----------

Field Only Template

When conducting a consent search of a person SHALL ask for the consent of the person and explain the -----of the search  inform the person that they have a right to ------consent  inform the person of potential --------- of the search, including the possibility that anything seized may be used as -----------  immediately -----searching the person if consent is withdrawn, unless evidence has been disclosed that would permit continuation pursuant to ---------authorities

nature refuse consequences evidence stop lawful

Prior to transporting an arrested person SHALL  search the police vehicle prior to placing the arrested person in the vehicle  for reasons of safety, ensure the arrested person has been searched except where the search would interfere with the administration of emergency --------assistance  every effort should be made, where appropriate, to have the searching officers be of the same gender as the person being searched and comply with Appendix C when searching a trans person

medical

After arrival at the station with an arrested person shall  search the police vehicle  advise the -------- what type of search has been conducted and what has been found thus far  if a Frisk search has not been fully completed then ensure the Frisk search is completed in its entirety in front of the Officer in Charge and is audio and video recorded  ensure the manner of Booking and Search Notice - Frisk Search is read to the person prior to the search  when it is believed that reasonable grounds exist for a Strip search, articulate to the Officer in Charge and advise them of the grounds and circumstances involved

Officer in Charge

When reasonable and probable grounds have been satisfied and a Strip search is deemed necessary by the Officer in Charge, the searching officers SHALL  read the arrested party their --------- prior to the Strip search being conducted and ensure they are provided a reasonable opportunity to speak to ---------before the search commences *****  advise the Officer in Charge if the person identifies that they have an item of religious significance on their person or in their possession  search the person in a private area and ensure the search is --------- (if applicable), but not videotaped  be of the same gender as the person being searched, except in ----------circumstances  comply with Appendix C when searching trans persons  ensure the number of police officers involved in the search are no more than is reasonably --------in the circumstances  where appropriate,  ask the person to remove clothing one article at a time,  document whether the arrested person removed items of clothing ----------, and  record all relevant details in the memorandum book and the Booking and Search Template  not -------- of any more articles of clothing than necessary  not seize -----, underwire bras and string bikini tops unless there is reasonable grounds to believe it is necessary to do so  "This action can amount to an unlawful Strip search."  not perform any more ------- inspection of the person’s body than is necessary to achieve the objectives of the search  inspect each article of clothing in a ------------manner  permit the person to replace articles of clothing after inspection, where appropriate  provide ---------clothing for articles seized as evidence as soon as possible  not leave the person in a completely --------- state after the search

rights to counsel counsel audiotaped exigent necessary themselves remove bras visual methodical replacement naked

Members shall not conduct Strip searches in any location other than a private area of a secure police facility, unless there is an immediate -----risk where no other option is available. Members shall advise a ---------prior to commencing the search, if unsafe, then at the earliest opportunity. Members shall provide the person the highest degree of privacy possible given the circumstances. Upon completion, members will report to the --------- the circumstances. The ---------- shall complete a “Strip Search – Not in a Police Facility” occurrence and notify the ----------.

safety supervisor Officer in Charge Officer in Charge Unit Commander

Police Officer 8. 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 --------------  escort the person to the -----------  comply with Procedure 03–06  ---------that the person remove the item in a controlled area of the hospital and with a medical professional 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 qualified medical practitioner  ---------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 ---------- of the results  where the person refuses a Body Cavity search by a medical practitioner, and the item has not been removed  advise the Officer in Charge  restrain the person and hold in ----------pending a Show Cause Hearing  continuously ------ the person to ensure their safety and the safety of Service members until recovery of the item or substance is made

Officer in Charge hospital request remain Officer in Charge isolation monitor

An Officer in Charge of a unit where persons are detained shall ensure  the decision to search a person has been evaluated based on reasonable and probable grounds and all risk factors, including those found in Appendix B  all arrested parties are advised, on camera, of the ----- of search to be performed and the manner and location in which it will be carried out  a -----search must be completed prior to any Strip search being conducted  when applicable, all Frisk searches must be audio and video recorded. If not, the reason shall be documented accordingly  searches are conducted appropriately and the required Booking and Search Template has been completed for all booked prisoners ***  every effort is made to provide persons who do not speak English or, who by reason of disability have difficulty communicating  with the services of an interpreter in compliance with Procedure 04–09, or  other person who can assist the person in understanding the process  prisoners’ property is handled in compliance Procedures 01–03 and 09–06, as applicable  when an item of religious significance is removed from a person that the item is treated with respect and handled appropriately in compliance with Appendix D  assessments regarding the retention of assistive devices are made on a case-by-case basis taking into consideration all risk factors, including those contained in Appendix B, and all available accommodation options  when it is determined that a person with a disability requiring the aid of an assistive device cannot be accommodated, the reasons for the determination are clearly -------------in the memorandum book, including all accommodation options considered

level Frisk articulated

The --------- can authorize the use of an approved Handheld Metal Detector to assist in the search of any prisoner at any ----------of the booking and search process, or at any point while the person is lodged in the station. For a search to be lawful, using the Handheld Metal Detector, it must be reasonable and --------- given all the circumstances and it must be conducted for a valid reason Hand Held Metal Detectors are only for use inside a police facility  Where a Handheld Metal Detector has been used the appropriate entries shall be made in the ----------  Staff Sergeants shall book prisoners and authorize Strip searches, unless at a -------- where a designate can be appointed

Officer in Charge point justified Booking and Search Template Central lock-up

Upon being consulted regarding a Strip search shall determine whether the search is appropriate, based on the information provided by the parading officer and the circumstances involved; and where reasonable grounds to conduct a Strip search exist, shall  advise the arrested party of the authorization to conduct a Strip search  ensure the manner of Booking and --------- is read to the person prior to the search  ensure the arrested party is re-read their ------- prior to the Strip search being conducted and ensure they are provided a reasonable opportunity to speak to counsel before the search commences  provide the arrested party the opportunity to speak to counsel prior to the Strip search commencing  read the--------- notice prior to the phone call to counsel  escort to use the phone, give audio privacy, but maintain visual for safety  in rare circumstances, where the Officer in Charge believes that there are safety concerns that would prohibit the officer from allowing the arrested party access to counsel prior to the Strip search, shall explain on video to the arrested party and note the reason in the memorandum book.  ensure the ------------- Notice be read by the Officer in Charge and noted in the Booking and Search Template, if required  where reasonable grounds do not exist, ensure a Strip search is not conducted

Search Notice - Strip Search rights to counsel Audio Privacy Deferred Call to Counsel

.Upon being consulted regarding a Body Cavity search shall  determine whether the search is ------- , given the circumstances  ensure that transporting and relieving officers accompanying an accused for the purpose of a Body Cavity Search are the same gender unless the person has self-identified as a trans person and requests otherwise Appendix C  ensure the search is conducted by a qualified medical practitioner at a medical facility  ensure a Body Cavity Search Template is completed

appropriate

Handheld Metal Detector

means a portable, handheld security device capable of detecting metal objects authorized for use by the Service

Assistive/Prosthetic Device 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. Assistive device includes a broad range of items such as mobility and visual/hearing aids, orthotics/prosthetics, speech devices, medical supplies, -------- and respiratory devices. Prosthetics used to express gender identity include: breast forms, chest binders, -------, packers, prosthetic penises and wig

environmental controls gaffs

Search in the Field Only Template means a document created to record the pertinent details of all Protective and Frisk searches that occur in the ---- 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 Do not confuse with prisoners that re booked into police facility , should be----------------

field booking and search template

Disability means any degree of physical disability, infirmity, m--------- or disfigurement that is caused by bodily injury, birth defect or i---------- and, without limiting the generality of the foregoing, includes diabetes ----------, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical --------------, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide ---- or other animal or on a wheelchair or other ------ appliance or device; b. a condition of mental --------- or a developmental disability; c. a learning disability, or a ---------in one or more of the processes involved in understanding or using symbols or spoken ---------; d. a mental disorder, or;

malformation illness mellitus dog co-ordination remedial impairment dysfunction language

Gender: the set of socially classified ----------, 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.

behaviours

Gender Expression is how a person -------presents their gender. This can include behaviour and outward appearance such as dress, hair, make-up, body language and -------. A person’s chosen name and pronoun are also common and important ways of expressing gender.

publicly voice

Gender identity is each person’s ---------- and --------experience of gender. It is their sense of being a woman, a man, both, neither, or anywhere along or beyond the gender --------. 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 ----------.

internal and individual spectrum orientation

Non-binary gender identities -------- of the expected -------- of men and women

outside binary

member – Prisoner Care & Control for the purposes of prisoner transportation, care and control, includes police officer,  court officer, and  ----------- officer.

custodial

Protective search 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 ------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 “-------”, as that is the purpose and objective.

patting safety search

Frisk Search This is used generally for Search -----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

Incident to Arrest

Strip search R. vs. Golden ------- SCC 83 established that which constitutes a strip search and what types of circumstances may justify one. A Strip search includes all steps in -----and ---- searches as well as a thorough search of a person’s clothing and non-physical search of the body. That will often require removal or rearrangement of some, or all, of the person’s clothing to permit a visual inspection of a person’s private areas: namely the genitals, buttocks, breasts or chest, body cavity, and/or undergarments; the mouth was excluded from this definition despite being a bodily cavity

2001 Protective and Frisk

body cavity search means a search of the rectum or -----

vagina

Trans definition 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 ------- (someone assigned male at birth who knows themself to be a woman), trans --- (someone assigned female at birth who knows themself to be a man), non-binary, gender --------, gender -------or gender ---------. Some people may consider two-spirit to be a trans identity. Trans persons may or may not make a -------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 ------that reflect their lived identity.

woman man non-conforming variant queer social documents

As an incident to arrest a police officer may search for * weapons * anything that could cause injury (including drugs and alcohol) * anything that could assist in a person's escape * evidence

shold know this

As a result of the ----- decision R v Golden upholding the common law authority to search a person after they have been arrested, what is the restrictions placed on Police Officers When a person has been lawfully arrested and transported to a police facility, an assessment of the risk factors shall be conducted. Where reasonable grounds exist to conduct a Strip search, a Strip search shall be conducted. Where reasonable grounds do not exist for a Strip search, a Frisk search shall only be conducted. (A Strip search may be conducted if reasonable grounds are ---------- as a result of a Frisk search first.)

dec 2001 established

What is R.V Coulter the potential that the person will come into contact with other ---------, creating an opportunity for the person to ------- off contraband, weapons, etc…to another prisoner (R. v. Coulter)

detainees hand

Name some risk factors that are common to ALL persons held for a show cause lodged in a cell awaiting transportation  direct contact with other prisoners during --------and lodging, creating the potential for ------and/or weapons/contraband being passed from one person to the next  ----------while being transported in a prisoner transportation wagon  lodged in ------ cells with other prisoners and prisoners arriving directly from the correctional system  transportation, lodging, escorting of prisoner at court conducted by --------- court officers  direct contact with booking officers, court officers, correctional officers, --------, and other court staff who are unarmed and have an ---------that every prisoner has been thoroughly searched to ensure officer, prisoner and public safety  the duty to protect prisoners while in custody and their expectation that while in custody their safety is not ------------  the Officer in Charge cannot know the background/history/state of mind of all the prisoners that will be brought into the system on any given day, but is required to ensure their ----------

transportation conflict unsupervised court unarmed lawyers expectation compromised protection

Nevertheless the fact that a person is being held for a -------hearing and may come into contact with other persons in custody does not, on its own, justify a Strip search.

Show Cause

the --------Court has ruled that Strip searches in the field will only be justified where there is a demonstrated necessity and -------to search for weapons or objects that could be used to threaten the safety of the accused, the arresting officers or other individuals. In this case, officers would have to show why it would have been unsafe to ------- and conduct the search at the police station.

Supreme urgency wait

Strip searches shall not be conducted in the field for the sole purpose of -------- 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.

preserving Officer in Charge

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

review

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 device16  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

review

---------- standards of conduct regarding trans searches

1.9.2

When it is determined that a person cannot be accommodated, the reasons for the determination must be clearly documented in the memorandum book including all accommodation options considered

review

When handling the item of religious significance, members shall be cognizant of human rights and unless circumstances make it impractical to do so, comply with the process below, 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. Similar to what we can search for ie weapons, injury, escape evidence. but it is an assessment of the religious item when handling

review

when being aware a person has an item of religious significance SHALL 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.

review

Members when practicable shall use ? when handling an item of religious significance

gloves

When can the replacement of an item of religious significance be done ?

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.

Circumstances where OIC is notified regarding booking  when transporting a prisoner who requires ------ in booking  when a person in custody requires --------attention  upon -------at a police station with a person in custody  when entering or leaving a detention facility with a person in custody  when --------- a person for lodging in police cells  when in --------- regarding the contents of the medication container, or if the prisoner requests medication in -------of the prescribed dosage, or if the prisoner exhibits signs of --------or drug consumption  if Booking Hall System (BHS) or-------------(DAMS) equipment malfunctions

priority medical arrival receiving doubt excess alcohol Detention Area Monitoring System

DVAMS

Digital Video Asset management system

DAMS

Detention area monitoring system

What cannot be used as police cells ?

Interview rooms

A young person under eighteen (18) years of age may be lodged in a divisional cell only  to prevent injury or to -------others from aggressive behaviour and  when there is no -------present in the cells, OR  when there is an adult present in the cells and there is adequate space to -------the young person from the adult

.protect adult isolate

The Service has a duty to accommodate persons with disabilities under the Ontario Human Rights Code and the -----------------. Therefore, persons with a disability requiring the aid of an assistive device should be permitted to keep their device while in custody

Accessibility for Ontarians with Disabilities Act

Infringement of a person's right to be accomodated must be minimal in nature, and no more than is necessary to achieve the desired objective. Assessments regarding the removal of an assistive device shall be made on a case-by-case basis. When making an assessment, members shall take into consideration all risk factors, including those contained in Procedure 01–02, Appendix B. Members shall also consider all available accommodation options when making their assessment (e.g. p----------------)

lacing the person in a cell by themselves

The Service acknowledges its --------and responsibility, short of undue hardship, to accommodate self-identified trans or gender diverse persons.

obligation

Keeping in mind officer and public safety, officers may use discretion when determining whether to handcuff an individual as it may not be practical or necessary in all circumstances (e.g. due to a person’s ------- condition, age, disability, pregnancy, or ---------)

medical frailty

how many prisoners are allowed per vehicle >

1 , wagons excepted

who notifies the OIC in a case of priority booking

the communications operator upon request by the Officer

Pertinent information for OIC's to be advised of when booking or moving a person held in custody KIA SEMI VA 1. k------------ 2. v-----------tendencies 3. serious m------- conditions 4. a------- devices 5. s------------ concerns 6. i------------- 7. emotional disturbance, any known -------- or developmental disability 8. m----------- or whether any medication has been administered 9. impairment due to alcohol or d-------

1. known or suspected suicidal tendencies 2. violent tendencies 3. serious medical conditions 4. assistive devices 5. safety concerns 6. injuries 7. emotional disturbance, any known mental illness or developmental disability 8. medication, or whether any medication has been administered 9. impairment due to alcohol or drugs

Circumstances where you would include a caution flag and add remarks on the MNI and CNI Where a person in custody exhibits --------- behaviour, or threatens or attempts -------, and it is believed that the person's Master Name Index (MNI) and Criminal Numerical Index (CNI) file should include a "caution flag" shall  add the information to the Remarks field in the person’s MNI  Records Management Services – Operations (RMS–Ops) will receive and add the applicable information to CPIC

violent suicide

Why is it crucial that prisoner movment in and out be recorded in arrest booking cell management screen ?

In the event that an incident occurs in the cells, Property and Video Evidence Management Unit (PVEMU) will rely on this information to locate the relevant recordings.

how often to awaken an intoxicated person

every 4 hours and more frequently if circumstances require

prisoner medication, when to call the pharmacy ?

if there is a discrepancy, call the pharmacy and ask whether they accept the legal name or chosen name when filling prescriptions for gender diverse or trans persons

Upon booking OIC's shall inquire into any  suicidal behaviour  existing injury and related circumstances  existing medical condition, including but not limited to: physical illness, mental illness, alcohol use and/or addiction, drug use and/or addiction  safety concerns  other ---------- condition to which police should be alerted and comply with Appendix A, and make necessary notations in the appropriate Arrest Booking/Cell Management screen, if applicable

 suicidal behaviour  existing injury and related circumstances  existing medical condition, including but not limited to: physical illness, mental illness, alcohol use and/or addiction, drug use and/or addiction  safety concerns  other self–disclosed condition to which police should be alerted and comply with Appendix A, and make necessary notations in the appropriate Arrest Booking/Cell Management screen, if applicable