search of persons

Question 1

Where does the lawful authority for searching a person come from?

Answer 1

statute or common law

Question 2

As a result, although this Procedure outlines possible risk factors, and places an obligation on __________ to address them, the decision as to what level of search is appropriate must be assessed on a case–by–case basis.

Answer 2

police officers

Question 3

Mandatory notification of an Officer in Charge when …

Answer 3

• after conducting a search at the station
• regarding grounds and circumstances (level 3 search)
• there are reasonable grounds to believe the person under arrest has secreted weapons or evidence in a body cavity

Question 4

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 what?

Answer 4

• immediate risk of injury
• immediate risk of escape
• immediate risk of destruction of evidence
• safety of member
• safety of the person
• safety of the public

Question 5

Duty to Accommodate Persons with Disabilities

-When required, any infringement of a person’s right to be accommodated must what?

Answer 5

be minimal in nature, and no more than is necessary to achieve the desired objective

Question 6

What is required for a search to be lawful?

Answer 6

it must be reasonable and justified

Question 7

When must an officer consult with the Officer in Charge in relation to searches?

Answer 7

for Level 3 or 4 searches

Question 8

Persons in custody who have been Level 2 searched are restricted from being placed with those who have been Level 3 searched. True or False?

Answer 8

false, persons in custody who have been Level 2 searched are no longer restricted from being placed with those who have been Level 3 searched.

Question 9

when may a police officer search a person? (3)

Answer 9

• with a persons consent
• when authorized by statute
• after an arrest has been made (common law - incident to arrest)

Question 10

Elements of a Consent Search (4)

Answer 10

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 consequences of the search prior to giving consent.
A consent search, in most instances, should not be used where other lawful authority exists

Question 11

As incident to arrest a police officer may search for what? (4)

Answer 11

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

Question 12

Recording of Searches

Appropriate entries shall be recorded in the applicable eReport for all searches. True or False

Answer 12

False, only for Level 3 and Level 4 searches.

Question 13

where the person refuses a Level 4 search by a medical practitioner, and the item has not been removed what shall you do? (3)

Answer 13

• advise the Officer in Charge
• restrain the person and hold in isolation pending a Show Cause Hearing
• continuously monitor the person to ensure their safety and the safety of Service members until recover of the item or substance is made.

Question 14

Whose duty is it to ensure all arrested parties are advised, on camera, of the level of search to be performed and the manner and location in which it will be carried out?

Answer 14

The Officer in Charge

Question 15

Officer in Charge
Upon being consulted regarding a Level 3 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 do not exist for a Level 3 search shall ensure the arrested party is not searched at all. True or False?

Answer 15

False, they must ensure a Level 2 search is conducted.

Question 16

Officer in Charge

Upon being consulted regarding a Level 4 search shall do what? (4)

Answer 16

• determine whether the search is appropriate, given the circumstances
• ensure that transporting and relieving officers accompanying an accused for the purpose of a Level 4 Search are the same gender unless the person has self-identified as a trans person and requests otherwise Appendix C – Trans Persons
• ensure the search is conducted by a qualified medical practitioner at a medical facility
• ensure a Search of Person Level 4 text template is completed, signed and enclosed in the applicable crown envelope

Question 17

The Supreme Court has ruled that Level 3 searches in the field will only be justified where there is a demonstrated necessity and urgency to search for evidence or contraband. True or False?

Answer 17

False, the search 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, arresting officers or other individuals.

Question 18

Transgender/Transsexual Persons

The terms transgender or transsexual generally relate to persons who……

Answer 18

want to change their physiological gender to live permanently as a person of the other gender; whether or not they plan to undergo gender reassignment

Question 19

Transgender/Transsexual Persons
In order to best address the specific needs or concerns of each person, each case must be assessed individually. To that end, _______shall determine the best possible course of action in order to respect the dignity of the person being searched.

Answer 19

the Officer in Charge

Question 20

Transgender/Transsexual Persons
For the purpose of search, when an individual has self–identified as transgender or transsexual, the Officer in Charge shall
 - explain to the individual the following 3 options for a Level 3 Search which are……….

Answer 20

• male officers only
• female officers only
• a split search
  The OIC shall be ‘guided’ by the preference of the individual to be searched.