Search of Persons

Question 1

In December 2001, the Supreme Court of Canada made a ruling in the case of _____, which directly impacted on the search of person incident to arrest.

Answer 1

1. R. v. Golden

Question 2

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

Answer 2

1. statue / common law

Question 3

Search of Persons - Notifications

• Officer in Charge notification mandatory
   _____
   regarding _____
   there are reasonable grounds to _____ the person under arrest has secreted weapons or evidence in a body cavity

Answer 3

1. after conducting a search at the station
2. grounds and circumstances (Strip search)
3. believe

Question 4

All searches of the person should be conducted thoroughly and_____.

Answer 4

1. in a methodical manner

Question 5

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

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

Answer 5

1. the same gender
2. Consideration

Question 6

Section 1 of the _____ states “Every person has a right to _____ treatment with respect to services, goods and facilities, without _____ 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.”

Answer 6

1. Ontario Human Rights Code
2. treatment
3. discrimination

Question 7

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

Answer 7

1. obligation / responsibility
2. accommodate

Question 8

Members conducting searches of self-identified trans or gender diverse persons shall comply with Appendix C by

• referring to the person in their _____ and gender _____
• after discussion with the prisoner, lodge according to their _____ or _____ in accordance with 01-03 Appendix E unless it can be proven that there are specific _____ and_____ that cannot be resolved, rendering the accommodation impossible. When a prisoner cannot be accommodated in this regard, members shall _____; and…

Answer 8

1. chosen name / gender pronoun(s)
2. self-identified gender / lodging preference
3. overriding health / safety concerns
4. clearly articulate the reasons in their memorandum book

Question 9

Members conducting searches of self-identified trans or gender diverse persons shall comply with Appendix C by…

• ensure that information regarding a trans prisoner’s _____ or _____ is shared on a need-to-know 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 _____
   the Officer in Charge shall be guided by _____ in terms of the gender of the person conducting the search

Answer 9

1. gender identity / gender history
2. split search
3. the preference of the individual to be searched

Question 10

Members conducting searches of self-identified trans or gender diverse persons shall comply with Appendix C by…

• 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, gender diverse or cis-gendered person shall
   advise the person of the reason for removing the device/item
   _____ 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 _____ 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 _____
   when self-removal is not possible, ask the person _____
   allow adequate space and range of motion for reattachment of the device
   return the device/item to the person _____ upon completion of the search
• 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.

Answer 10

1. provide the person with the opportunity
2. emotional as well as physical attachment
3. private area
4. how to properly remove the device
5. as soon as possible

Question 11

Assessments regarding the retention of gender-affirming personal articles including gender-affirming prosthetics shall be made on _____ 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. _____ shall be considered when making an assessment.

When it is determined that a person cannot be accommodated, the reasons for the determination must be clearly articulated in the memorandum book including _____

Answer 11

1. a case by case basis
2. All available accommodation options
3. all accommodation options considered

Question 12

Members conducting searches of persons shall treat an item of religious significance with _____ and ______.

Answer 12

1. respect / handle the item appropriately

Question 13

Although there are a multitude of items of religious significance that differ between and amongst religions, 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 _____
* immediate risk of _____
* immediate risk of _____
* safety of the _____
* safety of the _____
* safety of the _____

The member must be able to articulate why particular actions were or were not taken.

Answer 13

1. injury
2. escape
3. destruction of evidence
4. member
5. person
6. public

Question 14

The Service has a _____ persons with disabilities under the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act. When required, any infringement of a person’s right to be accommodated must be _____, and no more than is _____ to achieve the desired objective.

Answer 14

1. duty to accommodate
2. minimal in nature
3. necessary

Question 15

Therefore, when it is deemed _____ to remove an assistive device from a person with a disability to _____, the device should be returned to the person _____ upon completion of the search.

Answer 15

1. necessary
2. conduct a search
3. as soon as practicable

Question 16

Assessments regarding the retention of assistive devices shall be made on _____ taking into consideration _____, including those contained in Appendix B. Members shall also consider _____ when making their assessment.

Answer 16

1. a case-by-case basis
2. all risk factors
3. all available accommodation options

Question 17

Members shall be cognizant that persons requiring the aid of an assistive device may have an _____ as well as _____ attachment to the device and shall treat the assistive device with _____.

Answer 17

1. emotional
2. physical
3. respect at all times

Question 18

Warrantless searches are _____ and contrary to s. 8 of the Charter. However, searches incident to the arrest of a person are recognized as lawful at common law and do not require a warrant.

Answer 18

1. prima facie unreasonable

Question 19

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

Answer 19

1. reasonable
2. justified
3. conducting / authorizing

Question 20

Strip searches _____ be conducted on persons brought into custody by Toronto Police officers based solely on the grounds that the person may come into contact with other persons in custody. Accordingly, persons in custody who have been _____ are no longer restricted from being placed with those who have been Strip searched.

Answer 20

1. shall not
2. Frisk searched

Question 21

A _____ must be completed prior to any Strip search being conducted.

Answer 21

1. Protective search and Frisk search

Question 22

A police officer may search a person
* _____
* _____
* _____

Answer 22

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

Question 23

Wherever _____, all Protective and Frisk searches including the removal of excess clothing must be captured on _____.

Answer 23

1. practicable
2. audio and video

Question 24

Full details of _____ shall be recorded in the memorandum book including _____. Appropriate entries shall be recorded in the applicable eReport for all Strip and Body Cavity searches and must be completed in its entirety.

Answer 24

1. all searches
2. the grounds for the type of search conducted

Question 25

Prosthetic devices are attached to the body; therefore, improper removal can _____ and/or _____.

Answer 25

1. injure the person 2. damage the device

Question 26

Search of Persons - Member 2. When a search of person has occurred in the field and the person has not been booked into a police facility shall * complete the _____

Answer 26

1. Search in the Field Only Template

Question 27

Search of Persons - Member 4. Prior to transporting an arrested person shall * _____ prior to placing the arrested person in the vehicle * for reasons of safety, _____ except where the search would interfere with the administration of emergency medical assistance  every effort should be made, where appropriate, to have the searching officers be of _____ as the person being searched and comply with Appendix C when searching a trans person

Answer 27

1. search the police vehicle 2. ensure the arrested person has been searched 3. the same gender

Question 28

Search of Persons - Member 5. After arrival at the station with an arrested person shall * search the police vehicle * advise the Officer in Charge 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 _____ * ensure the manner of Booking and Search Notice - Frisk Search is read to the person prior to the search * when it is believed that _____ for a Strip search, articulate to the Officer in Charge and advise them of the grounds and circumstances involved

Answer 28

1. audio and video recorded 2. reasonable grounds exist

Question 29

Members shall not conduct Strip searches in any location other than a _____ of a secure police facility, unless there is an immediate safety 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 Officer in Charge shall complete a “Strip Search – Not in a Police Facility” occurrence and notify the _____.

Answer 29

1. private area 2. supervisor 3. Officer in Charge 4. Unit Commander

Question 30

Search of Persons - Police Officer 8. Where there are reasonable grounds to _____that a person under arrest has secreted _____ in a body cavity shall * consult with the _____ * escort the person to the hospital * comply with Procedure 03–06 * request 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 _____  remain 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 isolation pending a Show Cause Hearing  _____ the person to ensure their safety and the safety of Service members until recovery of the item or substance is made

Answer 30

1. believe 2. weapons or evidence 3. Officer in Charge 4. a qualified medical practitioner 5. Officer in Charge 6. continuously monitor

Question 31

The Officer in Charge can authorize the use of an approved Handheld Metal Detector to assist in the search of any prisoner at _____, or _____. For a search to be lawful, using the Handheld Metal Detector, it must be _____ and it must be conducted for a valid reason.

Answer 31

1. any point of the booking and search process 2. at any point while the person is lodged in the station 3. reasonable and justified given all the circumstances

Question 32

Hand Held Metal Detectors are only for use_____.

Answer 32

1. inside a police facility

Question 33

_____ shall book prisoners and authorize Strip searches, unless at a Central lock-up where a designate can be appointed

Answer 33

1. Staff Sergeants

Question 34

Search of Persons - Officer in Charge 11. 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 _____ 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 Search Notice - Strip Search is read to the person prior to the search  ensure the arrested party is re-read their rights to counsel 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 _____ prior to the Strip search commencing  read the Audio Privacy 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 _____ 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 _____ be read by the Officer in Charge and noted in the Booking and Search Template, if required  where _____, ensure a Strip search is not conducted

Answer 34

1. reasonable grounds 2. counsel 3. safety concerns 4. Deferred Call to Counsel Notice 5. reasonable grounds do not exist

Question 35

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

Answer 35

Handheld Metal Detector

Question 36

_____ / _____ 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. _____ includes a broad range of items such as mobility and visual/hearing aids, orthotics/prosthetics, speech devices, medical supplies, environmental controls and respiratory devices. _____ used to express gender identity include: breast forms, chest binders, gaffs, packers, prosthetic penises and wigs.

Answer 36

1 Assistive / Prosthetic Device 2. Assistive Device 3. Prosthetics

Question 37

_____ means a document created to record the pertinent details of all Frisk & Strip searches and the authorization of a Body Cavity search. The _____ 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.

Answer 37

1. Booking and Search Template 2. template

Question 38

_____means: a. any degree of _____, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device; b. a condition of _____; c. a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language; d. a _____, or; e. an _____ or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act; (“handicap”). (Source: Ontario Human Rights Code, Accessibility for Ontarians with Disabilities Act)

Answer 38

1. Disability 2. physical disability 3. mental impairment or a developmental disability 4. mental disorder 5. injury

Question 39

_____: 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.

Answer 39

1. Gender

Question 40

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

Answer 40

1. Gender Expression

Question 41

_____ is each person’s internal and individual experience of gender. It is their sense of being a woman, a man, both, 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.

Answer 41

1. Gender identity.

Question 42

_____ means any item, article, apparel, or clothing a person identifies as having religious importance.

Answer 42

1. Item of religious significance Item of Religious Significance

Question 43

_____ identities outside of the expected binary of men and women.

Answer 43

1. Non-binary gender

Question 44

Member – Prisoner Care & Control for the purposes of prisoner transportation, care and control, includes a * _____, * _____, and * _____.

Answer 44

1. police officer 2. court officer 3. custodial officer

Question 45

_____ – 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.

Answer 45

1. Protective Search (Formerly Level 1)

Question 46

_____ – 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.

Answer 46

1. Frisk Search (Formerly Level 2)

Question 47

A Frisk search conducted incident to arrest includes the area _____ of the arrested person.

Answer 47

1. within the immediate control

Question 48

Members shall make every effort to _____ 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”.

Answer 48

1. video and audio record

Question 49

Strip Search (Formerly Level 3) – R. vs. Golden 2001 SCC 83 established that which constitutes a strip search and what types of circumstances may justify one. A Strip search includes all steps in _____ 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 _____: namely the genitals, buttocks, breasts or chest, body cavity, and/or undergarments; the mouth was excluded from this definition despite being a bodily cavity.

Answer 49

1. Protective and Frisk 2. visual inspection of a person’s private areas

Question 50

The mere fact that portions of a person's body normally covered by undergarments are exposed because of the way the person was dressed when taken into custody does _____ a strip search, if the removal of such clothing was not caused by _____ (i.e. the arrest of a naked person does not in itself constitute a strip search).

Answer 50

1. does not constitute 2. the police

Question 51

_____ – means a search of the rectum or vagina

Answer 51

1. Body Cavity Search (Formerly Level 4)

Question 52

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

Answer 52

1. Sex

Question 53

_____: 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.

Answer 53

1. Trans

Question 54

Officers contemplating a Strip search of a person shall consider all the circumstances, including but not limited to * the details of the _____ * the history of the person * _____ * the demeanour or mental state of the individual * the risks to the individual, the police, or others, associated with not performing a Strip search * 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)

Answer 54

1. current arrest 2. any items already located on the person during a Protective or Frisk search

Question 55

In addition to any factors being considered pertaining to the individual person, the following set of circumstances represents the heightened safety concerns that are common to all persons held for a Show Cause hearing * lodged in a cell awaiting transportation * _____ with other prisoners during transportation and lodging, creating the potential for conflict and/or weapons/contraband being passed from one person to the next * _____ while being transported in a prisoner transportation wagon * lodged in court cells with other prisoners and prisoners arriving directly from the correctional system * transportation, lodging, escorting of prisoner at court conducted by _____ * direct contact with booking officers, court officers, correctional officers, lawyers, and other court staff who are unarmed and have an expectation 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 compromised * the _____ 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 protection

Answer 55

1. direct contact 2. unsupervised 3. unarmed court officers 4. Officer in Charge

Question 56

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

Answer 56

1. preserving evidence

Question 57

Body Cavity searches shall not be performed by _____. Where there are reasonable grounds to _____that a person under arrest has secreted weapons or evidence in a body cavity, the person shall be immediately transported to _____. The person may consent to having the item or substance removed by a qualified medical practitioner. If the person is not willing to have the medical practitioner assist with the removal, they shall be _____ and _____ pending a Show Cause Hearing. The person shall be _____ to ensure their safety and the safety of members of the Service until recovery of the item or substance is made.

Answer 57

1. any member of the Toronto Police Service. 2. believe 3. a medical facility for treatment. 4. restrained / held in isolation 5. continuously monitored

Question 58

Members shall place an item of religious significance in a _____. When _____, members shall facilitate the replacement of an item of religious significance _____ when the item (apparel or clothing only) is removed and held for any purpose and is not being immediately returned to that person.

Answer 58

1. separate property bag 2. practicable 3. as soon as possible 2.