Search Of Persons Flashcards
(20 cards)
R v Golden 2001 SCC
Articulate their authority and grounds for searches.
Restrictions on strip searches
Establishes what constitutes a strip search
2 lawful authorities for searches
Common law
Statute
Consent also
Section 8 of charter
Warrantless searches prima facie unreasonable
Cloutier v. Langlois 1990
Search must have valid objective, not abusive.
Incident to arrest can search for
WAAE
Weapons
Anything cause injury, drugs, alcohol
Anything assist escape
Evidence
Who completes strip search not in Police facility occurrence
Oic and notify UC
Who can do body cavity search
Medical examiner
If refuses body cavity search by medical examiner
Advice oic
Restrain or hold in isolation
Continuously monitor
Who reads deferred call to counsel notice
Oic
Assisted prosthetic devices for gender expression (6)
Breast forms
Chest binders
Gaffs
Packers
Prosthetic penis
Wig
Gender expression
How person publicly presents their gender. Including chosen name and pronoun
Gender identity
Internal individual experience of gender. Man, woman, both, neither. Maybe different that birth
Non binary
Gender identity outside of men and women
Protective search level 1
Generally during investigative detention. Safety search. Pat down of pockets and waistband
Frisk search level 2
Search incident to arrest
Emptying searching pockets
Removing clothing
Not exposing undergarments
Includes area of immediate control of where person arrested
Strip search level 3
Removal of some or all clothing
Visual inspection private areas
Higher degree of justification
Body cavity search level 4
Rectum or vagina
Assessing type of search
By oic case by case
Risk factors circumstances to consider
Details current arrest
History
Items located during frisk
Demeanour
Risks to individual, police, others
Contact other detainees
R v Coulter
Potential person to contact other detainees and hand off contraband
