Forfeiture Orders in Law Enforcement Quiz

Study Flashcards Play Quiz

Questions and Answers

What is required by the Criminal Code every time property is seized by a peace officer with or without warrant?

Form 5.2

Under which act is a Form 5.2 required for drug seizures?

Controlled Drugs and Substances Act (CDSA)

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)

What does a Form 5.2 indicate during a hearing to a Justice?

Results of a search conducted and/or property seized Signup and view all the answers

What does the Justice determine based on the Form 5.2 during the hearing?

Disposition of property seized Signup and view all the answers

What does Subsection 489.1 of the Criminal Code legislate?

A Report to a Justice (Form 5) Signup and view all the answers

What does Section 13 of the Controlled Drugs and Substances Act require for drug seizures?

A Form 5.2 Signup and view all the answers

What is required under the Provincial Offences Act (POA) for property seized under the authority of a search warrant?

TPS 130 Signup and view all the answers

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?

No, they are not considered searches or seizures Signup and view all the answers

What must officers do if property is seized as proceeds of crime or offence-related property?

Contact the Organized Crime Enforcement – Financial Crimes – Asset Forfeiture section Signup and view all the answers

What is required if it's necessary to detain property beyond one year?

An application for continued detention before a Superior Court Justice through the Office of the Crown Attorney Signup and view all the answers

Which department should officers from Detective Operations – Forensic Identification Services contact for large seizures at major crime scenes?

Legal Services (LSV) Signup and view all the answers

What is the maximum duration for detention of seized property where no charges are laid from the date of seizure?

Three months Signup and view all the answers

What must officers comply with when seizing weapons, firearms, and ammunition under specific sections of the CC?

Procedures 04-21 and 05-21 Signup and view all the answers

What must the seizing officer ensure when a Forfeiture Order is required?

The original applicable Forfeiture Order and one (1) copy are included in the crown envelope at the time the charges are laid. Signup and view all the answers

What is required when an application for an Order for Continued Detention of property seized is necessary beyond twelve (12) months?

Consult with the Office of the Crown Attorney prior to making an application before a Superior Court Justice. Signup and view all the answers

What action should be taken if forfeiture of the property is not granted at the conclusion of sentencing?

Ensure that the Property Disposition Inquiry (PDI) application on the TPS Network is updated, indicating the disposition of all property. Signup and view all the answers

What does Legal Services provide assistance and direction to?

Case manager Signup and view all the answers

Who is responsible for ensuring that all required paperwork is complete, accurate, and signed by the submitting officer and/or supervisor?

Officer in Charge or designate Signup and view all the answers

How should an Order for Continued Detention beyond twelve (12) months be communicated to PVEMU?

By e-mailing using Form 5.2 E-mail Template to: Report To Justice – PPB/TPS Signup and view all the answers

Who should ensure that all required paperwork is available for disclosure in accordance with relevant procedures?

Officer in Charge or designate Signup and view all the answers

What should be done if an Order for Continued Detention beyond twelve (12) months has been signed by a Justice?

E-mail the information on Order for Continued Detention of property seized to PVEMU using Form 5.2 E-mail Template. Signup and view all the answers

What action should be taken if an application for an Order for Continued Detention of property seized is required?

Complete a TPS 141, in triplicate, no later than thirty (30) days prior to expiration of current Order for Detention. Signup and view all the answers

When is a Forfeiture Order (Form 5.2) required to be included in the crown envelope?

When property is seized during an investigation Signup and view all the answers

Who should file Form 5.2 when a search warrant is used to seize property?

The officer who obtained the warrant and completed Form 5.2 Signup and view all the answers

In which scenario can officers use a common informant to file Form 5.2?

When property is seized without a warrant Signup and view all the answers

Under what circumstances is there no requirement to file Form 5.2?

When abandoned property is seized Signup and view all the answers

Where must the Form 5.2 be filed for telewarrants?

In the same jurisdiction where the search warrant was executed Signup and view all the answers

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.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.