Procedure 02-19 Reports to Justice

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Questions and Answers

What is required by the Criminal Code whenever property is seized by a peace officer?

A Report to a Justice (Form 5.2) (correct)

A Property Evidence Log

A Notice of Seizure

An Incident Report

Under what circumstance is a Form 5.2 not required to be submitted immediately by peace officers?

If the seizure occurs without a warrant but under a Provincial Offences Statute

If the seizure is of a motor vehicle

If the seizure occurs during an undercover operation, specifically involving drug purchases (correct)

If items are seized during a routine traffic stop

What legal requirement exists for peace officers when no items are seized during a search?

No documentation is required

A Form 5.2 must still be completed (correct)

A statement must be submitted to the Attorney General

Only a verbal report to superiors is necessary

What may result from failing to submit a Form 5.2 in a timely manner?

The evidence may be dismissed from consideration in future trials Signup and view all the answers

What is the purpose of the Return to a Search Warrant (POA 0838)?

To document property seized under a search warrant or during a warrantless search Signup and view all the answers

What is the timeframe within which all Form 5.2 submissions must be included in related eReports?

Fourteen days from the seizure date Signup and view all the answers

What is required when a common informant is used to file Form 5.2 for seized property without a warrant?

The accused must be held for a show cause hearing. Signup and view all the answers

Under what circumstance is Form 5.2 NOT required after seizing property?

When property is abandoned. Signup and view all the answers

What is the maximum time allowed to submit Form 5.2 after seizing property under a telewarrant?

7 days Signup and view all the answers

When must the original search warrant and appendices be produced according to the submission requirements?

When completing and submitting Form 5.2. Signup and view all the answers

If a Justice refuses to sign Form 5.2, what immediate action should the officer take?

Complete a TPS 649 detailing the incident. Signup and view all the answers

What document must be completed forthwith when property is seized with a warrant?

Form 5.2 with warrant Signup and view all the answers

Which of the following officers should ideally be the same during the execution of a search warrant?

The officer who obtained the search warrant and the officer signing Form 5.2. Signup and view all the answers

What must be done when there is not feasible transportation to the courthouse for seized property?

Photograph or videotape the evidence. Signup and view all the answers

What additional task should the Case Manager ensure regarding the paperwork related to Form 5.2?

It is complete, accurate, and signed. Signup and view all the answers

What should happen immediately upon receiving a notice about a Justice refusing to sign Form 5.2?

Ensure the seizing officer attends a Report to a Justice Hearing. Signup and view all the answers

Why are undercover drug purchases not considered searches under the Constitution Act?

Those engaging in drug trafficking have no reasonable expectation of privacy. Signup and view all the answers

Which statement regarding the consent of drug purchasers in undercover operations is accurate?

Undercover officers need no consent as transactions are consensual by nature. Signup and view all the answers

What is the maximum retention period for general found property according to the Community Safety and Policing Act?

90 consecutive days Signup and view all the answers

What must officers do if they execute a search warrant and no items are seized?

File a Form 5.2 Signup and view all the answers

Which of the following best describes the conditions under which a police officer may return seized property?

When the investigation is fully complete and no charges are pending. Signup and view all the answers

What is required for continued detention of seized property beyond three months?

A TPS 143 must be completed after giving notice. Signup and view all the answers

Who is permitted to submit a Form 5.2 during a Report to a Justice Hearing?

The officer who executed the search warrant. Signup and view all the answers

In which circumstance can the Asset Forfeiture section intervene in a seizure case?

If the investigating unit lacks necessary resources. Signup and view all the answers

What is required at the time the charges are laid regarding a Forfeiture Order?

A Forfeiture Order must be created and attached to the applicable eReport. Signup and view all the answers

What should be included when giving notice for an Order for Continued Detention of seized property?

A completed TPS 141, served at least three business days prior to the Hearing. Signup and view all the answers

Who is responsible for ensuring that all required paperwork is complete and accurate after the property has been seized?

The Officer in Charge or Designate. Signup and view all the answers

What occurs if forfeiture of property is not granted at the conclusion of sentencing?

The PDI application must be updated indicating the disposition of the property. Signup and view all the answers

What is a requirement for processing a Forfeiture Order once signed by a Justice?

A copy of the signed Order must be scanned to the applicable eReport. Signup and view all the answers

What defines 'Abandoned Property' in the context of this procedure?

Property over which a person has surrendered all rights or privacy. Signup and view all the answers

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.