Search Procedures for Peace Officers

When making an arrest, conduct a Person Query including a CPIC check, record pertinent information in memorandum book, complete applicable eReports, comply with release/detention procedure, and check Master Name Index if an arrest warrant is involved.

When arresting a non-violent person for being intoxicated in a public place, follow Procedure 03–05.

When dealing with an arrested person who has consumed a potentially harmful substance and requires medical attention, perform first aid if qualified, comply with Procedures 01–03 and 10–06, and ensure transportation to the nearest hospital.

When dealing with an arrested person who cannot communicate in English or due to a medical problem, follow Procedure 04–09.

When considering the continued detention of an arrested person with a disability and a guide dog, make reasonable efforts to accommodate the guide dog and contact TPOC for further resources.

The Toronto Police Service is required to collect, analyze, and publicly report on data related to the race of those individuals they interact with, as outlined in Procedure 16–07.

When releasing a person following arrest, ensure safety of others, serve them with a TPS 493, and comply with the appropriate release provisions of the Canadian Criminal Code.

When dealing with an incident involving a person who provides identification as a diplomatic or consular official, comply with Procedure 04–12 and do not arrest them on those premises.

When arresting a foreign national, comply with Procedure 04–13 and should not normally arrest them during a religious ceremony or judicial hearing.

When an arrest has been made, ensure consideration is given to public interest in continuing detention, complete all required eReports, and comply with the appropriate release provisions of the Canadian Criminal Code.

The Toronto Police Service agrees with the courts that clear legislative prescription as to when and how strip searches should be conducted would be of assistance to the police and to the courts.

The right to search a person is of paramount importance for the safety of prisoners, members, and all other persons in the criminal justice system.

The Supreme Court of Canada made a ruling in R. v. Golden that directly impacted on the search of persons incident to arrest.

Officers conducting searches must be able to articulate their authority and grounds for doing so, and assess the appropriate type of search to be conducted on a case-by-case basis.

The Toronto Police Service agrees that clear legislative prescription as to when and how strip searches should be conducted would be of assistance to the police and to the courts.

The text outlines the procedures for conducting searches on individuals in a law enforcement context.

Officer in Charge (OIC) must be notified after conducting a search with reasonable grounds to believe the person has hidden weapons or evidence in a body cavity.

Searches should be conducted by peace officers of the same gender unless impractical, considering safety risks and accommodation of trans and gender diverse persons (Appendix C).

Ontario Human Rights Code requires equal treatment regardless of gender identity, gender expression, among other factors.

Safety of Service members, person being searched, and public are paramount.

Searches must be thorough, methodical, and not abusive or intimidating.

Trans or gender diverse persons must be accommodated in self-identified gender and lodging preference, unless impracticable.

Trans or gender diverse persons have the option for searches conducted by officers of the same gender, or a split search.

Members must respect trans or gender diverse persons' gender-affirming items, including prosthetics, and provide privacy when possible.

Removal of gender-affirming items must be done with sensitivity and respect, and the person should be given the opportunity to remove them.

Special arrangements must be made for handling items of religious significance, treating them with respect and handling them appropriately.

The Charter guarantees freedom of conscience and religion, and equal treatment under the Ontario Human Rights Code.

Searches must comply with 1.9.2 Standards of Conduct and consider all accommodation options when making assessments.

Reasons for not accommodating a person must be clearly articulated in the memorandum book.

Members must document their actions in the memorandum book and complete appropriate sections of the Booking and Search Template.

Members must treat items of religious significance with respect and handle them appropriately.