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Questions and Answers
What is required by the Criminal Code whenever property is seized by a peace officer?
Under what circumstance is a Form 5.2 not required to be submitted immediately by peace officers?
What legal requirement exists for peace officers when no items are seized during a search?
What may result from failing to submit a Form 5.2 in a timely manner?
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What is the purpose of the Return to a Search Warrant (POA 0838)?
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What is the timeframe within which all Form 5.2 submissions must be included in related eReports?
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What is required when a common informant is used to file Form 5.2 for seized property without a warrant?
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Under what circumstance is Form 5.2 NOT required after seizing property?
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What is the maximum time allowed to submit Form 5.2 after seizing property under a telewarrant?
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When must the original search warrant and appendices be produced according to the submission requirements?
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If a Justice refuses to sign Form 5.2, what immediate action should the officer take?
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What document must be completed forthwith when property is seized with a warrant?
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Which of the following officers should ideally be the same during the execution of a search warrant?
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What must be done when there is not feasible transportation to the courthouse for seized property?
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What additional task should the Case Manager ensure regarding the paperwork related to Form 5.2?
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What should happen immediately upon receiving a notice about a Justice refusing to sign Form 5.2?
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Why are undercover drug purchases not considered searches under the Constitution Act?
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Which statement regarding the consent of drug purchasers in undercover operations is accurate?
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What is the maximum retention period for general found property according to the Community Safety and Policing Act?
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What must officers do if they execute a search warrant and no items are seized?
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Which of the following best describes the conditions under which a police officer may return seized property?
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What is required for continued detention of seized property beyond three months?
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Who is permitted to submit a Form 5.2 during a Report to a Justice Hearing?
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In which circumstance can the Asset Forfeiture section intervene in a seizure case?
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What is required at the time the charges are laid regarding a Forfeiture Order?
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What should be included when giving notice for an Order for Continued Detention of seized property?
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Who is responsible for ensuring that all required paperwork is complete and accurate after the property has been seized?
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What occurs if forfeiture of property is not granted at the conclusion of sentencing?
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What is a requirement for processing a Forfeiture Order once signed by a Justice?
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What defines 'Abandoned Property' in the context of this procedure?
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Study Notes
Property Seizure and Management
- Management of seized property is crucial for justice administration by the Toronto Police Service.
- Officers must complete and submit documentation for seized items during arrests or searches, regardless of seizure outcomes.
- A Report to a Justice (Form 5.2) is mandated by the Criminal Code whenever property is seized by an officer.
- Drug seizures require the completion of Form 5.2 under the Controlled Drugs and Substances Act.
Documentation Requirements
- Form 5.2 must be submitted promptly after a seizure, in compliance with s. 489.1 of the Criminal Code.
- Delayed submission may result in evidence exclusion at trial.
- eReports must include Form 5.2 within 14 days of property seizure, with few exceptions like undercover drug purchases.
Undercover Operations
- Undercover drug purchases are not classified as searches or seizures and thus have different documentation requirements.
- Individuals involved in drug trafficking have no reasonable expectation of privacy, influencing the seizure definition under the Constitution.
Weapons and Ammunition Seizure
- Specific procedures (04-21 and 05-21) must be followed when seizing firearms and ammunition per the Criminal Code provisions.
Disposition of Seized Property
- Officers have options for managing seized property: returning to the lawful owner, holding for investigation, or continued detention if charges are laid.
- Crown attorney consultation is necessary for evidence-return decisions.
Found Property Retention
- Found property retention periods:
- Motor vehicles or bicycles: 30 days
- Other general property: 90 days
- Finders can claim property within a 7-day grace period post retention.
Filing Report to a Justice
- Officers completing Form 5.2 may include the seizing officer or a common informant.
- Common informants must be appropriately informed peace officers involved in the investigation.
Asset Forfeiture
- Asset Forfeiture section must be contacted for properties seized as proceeds of crime.
- Forfeiture forms need scanning into related eReports for disclosure.
Continued Detention Orders
- Seized property must not be detained longer than 3 months without charges unless further detention is required.
- Cumulative detention cannot exceed 1 year without a court application.
Forfeiture Orders
- Forfeiture Orders are essential for lawful property disposal post-investigation.
- PDI application updates required after a property's sentencing outcome.
Officer Responsibilities
- Officers must ensure all necessary paperwork, documentation, and accurate reporting related to Form 5.2 procedures are fulfilled.
- Compliance with established procedures is mandatory to ensure due process is followed during property management.
Case Manager Role
- Case managers oversee documentation compliance and ensure all required paperwork is completed accurately for legal processes.
- They handle disclosure matters and the upkeep of accurate chain-of-custody records for seized property.
Definitions
- Clarifications include terms such as "Abandoned Property," "Affiant," "Common Informant," and "Forfeiture," outlining their significance in the context of legal property management and law enforcement procedures.### Forfeiture Order
- A legal document signed by a Justice authorizing the disposal of seized property.
- Managed by the Public Prosecution Service of Canada (PPSC) and/or the Ministry of the Attorney General (MAG).
Found Property
- Defined as property located and handed over to a police member or citizen.
- Must have no apparent evidentiary value at the time of discovery.
Informational Material
- Refers to information obtained from seized items during investigations.
Justice
- Can be either a Justice of the Peace or a Provincial Court Judge as specified in Section 2 of the Criminal Code (CC).
Peace Officer
- A police officer or special constable serving as a sworn peace officer, excluding those assigned to Court Services.
- Responsible for reporting to a Justice for filing a Report to Justice Form 5.2.
Property
- Encompasses any article, document, or item that has been found, seized, or surrendered to a service member.
Seized Property
- Refers to items taken from a person or location, either with or without a warrant, by a peace officer without consent.
- Can include informational material.
Seizing Officer
- The peace officer who executes the seizure of property, either with or without a search warrant.
- Special constables may also act as seizing officers during official duties.
Surrendered Property
- Comprises any article, document, or informational material that has been voluntarily given to a police member.
- May or may not have evidentiary value at the time it is surrendered.
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Description
This quiz covers the crucial aspects of property management in the Toronto Police Service, emphasizing the legal requirements for documentation of seized property. It explores the procedures officers must follow during searches and arrests, ensuring adherence to justice system protocols.