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Search Warrants

Searches

 

Under Section 8 of the Charter of Rights and Freedoms clear restrictions are placed on
How the police can conduct searches What actually can be collected


 

Generally the police require a warrant from a judge to initiate a search
The judge has to be satisfied that the intrusion by the state is valid and with good cause In some cases though the police can initiate a search

 Search of the Person


At the time of arrest a police officer may search an individual
 Usually is just a “pat down”  Back at the police station a more thorough search will occur

 In searching someone the police must adhere to the   



following They can only do it after a lawful arrest The search must be connected to the offence / arrest The manner of the search must be reasonable In only one instance can you be compelled to provide a blood / breath / urine sample without a court order


Driving while intoxicated

Warrant
 


In order to search a residence the police require a formal warrant issued by a judge This is unnecessary if
The owner of the house gives permission



They can search the premises

The police are invited / allowed in
 They cannot search for anything but if they see illegal activity they can arrest and obtain a warrant

 A search warrant will be only issued for a specific

cause  The police must state to the judge exactly what they think the crime is, why they think the particular individual committed the crime, what they expect to find and where they think it is


Example: the police believe Brendon has been stealing hub -caps. They have reason to believe that he is hiding them in his house or in the shed in back. The warrant can be issued for those two buildings or to any structure on the property.

Limitations
 The warrant can only be served between 6 a.m. and 9 p.m.  Before initiating a search the police are required to identify

themselves and present the warrant to the accused  If, during the search, the police find other items they think are related to the crime they may seize them as well  In order to preserve evidence the police may sometimes need to move with out a formal warrant  They can call in to a judge and verbally present their reasons for a search  The judge may them forward a warrant to them  In the mean time a police officer may write one up on their own and proceed

Exceptions
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Danger to individuals
The police can enter a building to prevent injury / death or the committal of another crime
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To prevent the destruction of evidence in an indictable offence Seize illegal firearms Seize illegal drugs and search anyone in the building


				
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posted:11/17/2009
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