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Questions and Answers
What is required by the Criminal Code every time property is seized by a peace officer with or without warrant?
What is required by the Criminal Code every time property is seized by a peace officer with or without warrant?
- Form 5.2 (correct)
- TPS 130
- Provincial Offences Act
- Search warrant
Under which act is a Form 5.2 required for drug seizures?
Under which act is a Form 5.2 required for drug seizures?
- Criminal Code (CC)
- Provincial Offences Act (POA)
- Provincial Offences Statute
- Controlled Drugs and Substances Act (CDSA) (correct)
What is required under the Provincial Offences Act for property seized under the authority of a search warrant?
What is required under the Provincial Offences Act for property seized under the authority of a search warrant?
- Return to a Search Warrant (TPS 130) (correct)
- Criminal Code (CC)
- Controlled Drugs and Substances Act (CDSA)
- Form 5.2
What does a Form 5.2 indicate during a hearing to a Justice?
What does a Form 5.2 indicate during a hearing to a Justice?
What does the Justice determine based on the Form 5.2 during the hearing?
What does the Justice determine based on the Form 5.2 during the hearing?
What does Subsection 489.1 of the Criminal Code legislate?
What does Subsection 489.1 of the Criminal Code legislate?
What does Section 13 of the Controlled Drugs and Substances Act require for drug seizures?
What does Section 13 of the Controlled Drugs and Substances Act require for drug seizures?
What is required under the Provincial Offences Act (POA) for property seized under the authority of a search warrant?
What is required under the Provincial Offences Act (POA) for property seized under the authority of a search warrant?
According to the Public Prosecution Service of Canada (PPSC), are undercover drug purchases considered searches or seizures under the Canadian Charter of Rights and Freedoms?
According to the Public Prosecution Service of Canada (PPSC), are undercover drug purchases considered searches or seizures under the Canadian Charter of Rights and Freedoms?
What must officers do if property is seized as proceeds of crime or offence-related property?
What must officers do if property is seized as proceeds of crime or offence-related property?
What is required if it's necessary to detain property beyond one year?
What is required if it's necessary to detain property beyond one year?
Which department should officers from Detective Operations – Forensic Identification Services contact for large seizures at major crime scenes?
Which department should officers from Detective Operations – Forensic Identification Services contact for large seizures at major crime scenes?
What is the maximum duration for detention of seized property where no charges are laid from the date of seizure?
What is the maximum duration for detention of seized property where no charges are laid from the date of seizure?
What must officers comply with when seizing weapons, firearms, and ammunition under specific sections of the CC?
What must officers comply with when seizing weapons, firearms, and ammunition under specific sections of the CC?
What must the seizing officer ensure when a Forfeiture Order is required?
What must the seizing officer ensure when a Forfeiture Order is required?
What is required when an application for an Order for Continued Detention of property seized is necessary beyond twelve (12) months?
What is required when an application for an Order for Continued Detention of property seized is necessary beyond twelve (12) months?
What action should be taken if forfeiture of the property is not granted at the conclusion of sentencing?
What action should be taken if forfeiture of the property is not granted at the conclusion of sentencing?
What does Legal Services provide assistance and direction to?
What does Legal Services provide assistance and direction to?
Who is responsible for ensuring that all required paperwork is complete, accurate, and signed by the submitting officer and/or supervisor?
Who is responsible for ensuring that all required paperwork is complete, accurate, and signed by the submitting officer and/or supervisor?
How should an Order for Continued Detention beyond twelve (12) months be communicated to PVEMU?
How should an Order for Continued Detention beyond twelve (12) months be communicated to PVEMU?
Who should ensure that all required paperwork is available for disclosure in accordance with relevant procedures?
Who should ensure that all required paperwork is available for disclosure in accordance with relevant procedures?
What should be done if an Order for Continued Detention beyond twelve (12) months has been signed by a Justice?
What should be done if an Order for Continued Detention beyond twelve (12) months has been signed by a Justice?
What action should be taken if an application for an Order for Continued Detention of property seized is required?
What action should be taken if an application for an Order for Continued Detention of property seized is required?
When is a Forfeiture Order (Form 5.2) required to be included in the crown envelope?
When is a Forfeiture Order (Form 5.2) required to be included in the crown envelope?
Who should file Form 5.2 when a search warrant is used to seize property?
Who should file Form 5.2 when a search warrant is used to seize property?
In which scenario can officers use a common informant to file Form 5.2?
In which scenario can officers use a common informant to file Form 5.2?
Under what circumstances is there no requirement to file Form 5.2?
Under what circumstances is there no requirement to file Form 5.2?
Where must the Form 5.2 be filed for telewarrants?
Where must the Form 5.2 be filed for telewarrants?
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Study Notes
- When property is seized during an investigation, a Forfeiture Order (Form 5.2) must be included in the crown envelope.
- If a search warrant is used to seize property, the officer who obtained the warrant and completed Form 5.2 should be the same.
- When property is seized without a warrant, officers can use a common informant to file Form 5.2.
- There is no requirement to file Form 5.2 when abandoned property is seized.
- For telewarrants, the Form 5.2 must be filed in the same jurisdiction where the search warrant was executed.
- When property is seized during a tour of duty, the court officer must comply with Procedure 04–21 and applicable unit-specific policies.
- At a Report to a Justice Hearing, the member is required to provide a crown envelope containing the search warrant, synopsis of the eReport, list of charges, and connection between property and charges.
- If it is not feasible to transport seized property to the courthouse, it should be photographed or videotaped.
- Once the Justice and member have signed the Form 5.2, the original should be filed at the court, one copy placed in the crown envelope, and one copy sent to the Case Manager.
- Officers must comply with applicable items when property is seized under the authority of the POA.
- If a Justice refuses to sign a Form 5.2 or recognize common informant status, officers must request reasons, notify the case manager, and complete a TPS 649 report.
- For multi-jurisdictional and/or joint forces operations, a Form 5.3 must be completed and filed before a Judge.
- The Case Manager is responsible for ensuring compliance with Procedures 02–18, 04–21, Chapter 9 and 12–01, and all other required paperwork.
- The Case Manager will not hold a person in custody due to an incomplete Form 5.2.
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