Chapter 10 Search and Seizure

SEARCH OR SEIZURE.what section of Charter deals with it

SEARCH OR SEIZURE. 8. Everyone has the right to be secure against unreasonable search or seizure.

Motor vehicle search - driver has expectation of privacy T or False

True

T or F During a search involving a search warrant all cops paricatipating in search do not have to be mentioned as well as specific officer named do not need to be present during search

True

T or F: General Warrants are permit the seizure of bodily DNA samples

True

T or F: all evidence seized is required to be treated in the same manner as if it had been seized under the authority of a search warrant

True

T or F: Hearsay information can be used in search warrants

True but must be corroborated or otherwise shown to be reliable

What are the warrantless search authorities for a motor vehicle that exist under federal legislation

Weapons, ammunition, explosive substances, controlled substances in exigent circumstance

Supreme Court of Canada held that police cannot effect a warrantless entry to "freeze" a premises until what is obtained

a search warrant is obtained

Police officer who seizes anything under the authority of an the search warrants in criminal code or without warrant must make a return to a justice reporting. what kind of report do they make

Making a report means either producing the articles seized and/or making a written report in FORM 5.2 criminal code

what is the definition of "reasonable probability"

No definition of reasonable probability each search warrant info is judged in court by judge

What is S.E.P.I.C.O

S- Statute - E - exigent circumstance (will evidence be lost, destroyed or removed) P - plain view, I - incident to arrest C -consent O-officer safety

The standard of reasonable grounds, by the informant, is only one of what?

"reasonable probability"

General warrant provisions specifically do not permit anything that would interfere with what

"with the bodily integrity of any person"

Application to Justice for Disposition (hearing) may be held ex parte. What is ex parte

(outside the presence of the person who is in subject of the application)

What is a reasonable search?

- 1. Authorized by statute, reasonable (objectively discernible criteria) and carried out in a reasonable manner; or - 2. Judicially pre-authorized by a justice of the peace or judge; or - 3. Covered by one of the warrantless search exceptions described above

In the criminal code what are the hours of the day that search warrant can be executed?

- 6am to 9pm - search must start between that time

Application to Justice for Disposition (hearing) be done in how many days after the seizure

- Be done within 30 days of the seizure

these General Warrants can only be issued by

- Only be issued by provincial court judge or judge of superior court of criminal jurisdiction

Only lawful methods to search the motor vehicle are

- With the consent of the driver/owner; or - In exigent circumstance reasonable ground to believe evidence may be loss or destroyed - On the authority of search warrant

An arrest warrant in Form 7.1 of Criminal code - known as a Feeney Warrant -may be issued to enter a dwelling house to arrest a person if

a) reasonable ground exist to arrest the person without warrant for criminal code offence or fail to comply etc b) warrant for federal offence exist for the person anywhere in canada or c) grounds exist to arrest the person, without warrant, for any federal offence other than those contained in criminal code

What is a Telewarrant?

an electronically transmitted search warrant issued by justice in a centralized location to accommodate the weekend and after hours of operational needs of law enforcement agencies

Assistance Orders are what

are under what section of Criminal code 487.02 and is An order by judge or justice to order any person whose assistance is necessary to assist in the execution of the warrant

What details are important in the search warrant

buildings going to be searched, where your going to search, things to be searched for

Under S.487 real or physical evidence can be searched and seized meaning tangible objects but what also is covered

but also computer system for data and seizing a print out of the data

What is the first step in obtain a search warrant?

complete information to Obtain (ITO) a search warrant in form 1 Criminal code

in 1997 Supreme court of Canada stated police could no longer enter dwelling houses without judicial pre-authorization to effect arrests unless in what circumstance?

expect in exigent circumstance

Under S. 487 a search warrants are issued in what

issued in Form 5 Criminal Code

General Warrants now authorize the seizure of intangible things like

like DNA, handprints, footprints etc - Installation of tracking

If a search warrant is issued in a certain territorial division like Ont but intended for BC, what form is needed?

must first be endorsed in Form 28 Criminal Code by a justice in BC in which the warrant is going to be executed

what section support: the plain view seizure rule whether officer is lawfully on the premises whether executing a search or not

s.489 (2)

what Warrant-less search authorities do police have

search incident to arrest, the plain view seizure rule, evidence obtain by consent, abandoned evidence and officer safety

In an ITO the person applying for the warrant is given what name?

the informant

**Reasonable grounds is far lower standard than what?

the standard of proof - "beyond reasonable doubt"which is needed to convict an accused person

Section 487(1) search warrant may also authorize the seizure of offence-related property under what section

under section 2 of CC

What does the term receptacle refer to?

- refers to locations or things such as lockers in bus depots or airports, suitcases and filing cabinets

T or F A search warrant to search a dwelling house does authorize the search of motor vehicle

False: A search warrant to search a dwelling house does not authorize the search of motor vehicle unless specifically mentioned as place to be searched

T or F: During search of building police can search persons found in the building

False: During search of building etc. u cant search persons found in the building unless they are arrested

T or F: stating the Reasonable grounds for belief is sufficant to satisfy a search warrant to a judge of their approval?

False: just stating the reasons for search is not enough - where did the info come from etc is important to mention in the long search warrant multi page document

T or F: reasonable expectation of privacy applies to passengers in the motor vehicle as well.

False: reasonable expectation of privacy does not extend to passenger b/c they are not owner of it

T or F: General Warrants covers handprints, fingerprints, footprints, foot impression, teeth impressions under section 487

False: such are not authorized by 487(1); previous warrantless searches have led to charter violations

What section of the Criminal code is is the most commonly used by investigators for obtaining judicial authorization to enter and search any building, place or receptacle for evidence of crimes

S.487 Criminal Code

In searching lawyer office - search or seizing documents the period that either party has to apply to judge so court can determine if documents can be disclosed to police or not is how many days

within 14 days

What is exigent circumstances that allow police to act as if they were acting under search warrant (warrantless)?

- extreme situations involving imminent bodily harm, death or imminent loss, destruction or removal of evidence - still need prior announcement unless someone is gonna get hurt etc

The term search is not solely an entry and search of a building - what can search be?

-search can be looking for evidence in car, -obtaining documentary information regarding suspect or - employing an investigative technique where a suspect has a reasonable expectation of privacy

What is Feeney Warrant?

An endorsement on Form 7.1 Criminal Code arrest warrant that authorizes peace officers to enter into dwelling houses to make arrest in all cases except those involving exigent circumstance

The term place refers to what?

Dwelling houses, other buildings, places of fixed location like offices, shops as well as vehicles

T or F - The taking of bodily samples such as hair or impressions or bloody bandage worn by suspect is covered by s 487(1)

FALSE:it is not covered by 487 b/c "a person is not consider to be a building, receptacle or place"

T or F:Investigator must always announce their presence when executing a warrant

False: *Investigator must announce their presence HOWEVER if the entry without announcement is necessary to prevent exposure of any person to imminent bodily harm or death or to prevent lost or destruction of evidence.