SEARCH LAWS
Criminal Law Unit #3
SEARCH WARRANTS
Did you know… one of the most important rights in Canada is the
right to privacy
Section 8 of the Charter states that everyone has the right to be
secure against unreasonable search or seizure.
THEREFORE… the police cannot search you or your property, record
you speaking, or seize your property (take by force) unless they
have reasonable and probable grounds to do so.
RECAP – WHAT DOES “REASONABLE AND PROBABLE” MEAN?
The police receive a 911 call that an electronics
store has just been held up at gunpoint and you
are found running from the store with a laptop in
one hand and a gun in the other.
It is reasonable to assume that you just committed
a theft and that the laptop is stolen merchandise.
However, if you are standing outside the store at
the time of the robbery, with nothing clearly on
you to incriminate you, it is unreasonable to
search you.
There is no reason to believe that you have stolen
any merchandise. Even if the police have a hunch
that you are part of this robbery, it is not a
sufficient reason for them to search you.
SEARCH WARRANTS
 Charter (Section 8) guarantees against unreasonable search; thus information sworn to
the court must be convincing.
 Required when police wish to search a person or a residence to find more evidence
related to a charge.
 A Search warrant:
 Is a court document that gives police the right to search a specific location.
 Specifies the crime and the items police are looking for,
 Provides reasonable grounds that they have for believing those items will be found in a
specific location
 Normally only specified items may be seized (search warrants can’t be used as fishing
expeditions).
 *Cases can be thrown out if the terms of the warrant were not followed.
SEARCH LAWS & RULES
Entry must be granted to a premises if the warrant is correct in every
detail
Forced entry can occur if entry is denied
A person may not be searched there unless arrested
The address of a searched location may not be published unless
charges laid
Modern techniques such as video surveillance, tracking devices and
phone recorders may only be used where a person would not normally
expect privacy
EXCEPTIONS TO SEARCH LAWS INCLUDE…
When someone is just arrested
Suspected of drunk driving
Police have reasonable grounds that entering is necessary to
prevent imminent death/injury
There may be destruction of evidence relating to an indictable
offence
The suspicion of drugs, alcohol, and illegal weapons in a building
can lead to a search without a warrant
Police in pursuit of a suspect
EXCEPTIONS TO SEARCH LAWS CONT’D
 NOTE - Controlled Drugs and Substances Act is another legislation (other than the
Criminal Code) that can be used for conducting a search.
 Under this act, the police may search any place that is not a private residence (someone’s home)
without a warrant if there are reasonable and probable grounds to believe that it contains
illegal drugs.
 Note - anyone found inside these premises can also be searched without a warrant.
 Keep in mind - to search a residence a warrant is always required
These types of searches take place when:
 If surprise is necessary, announcing arrival is not required.
 Any place except a dwelling (i.e. your home) can be searched for illegal weapons (i.e. a
car)
 i.e. Cars can be searched for bootlegged booze
SEARCH SCENARIOS
Turn to the back of your handout; Read each of the
following scenarios and state whether it would be
considered a legal or illegal search in Canada.
SEARCH SCENARIOS - #1
 A 16 year old student has a party at their parent’s house. A police officer knocks at
the door in response to a noise complaint and asks to come in.
 The student states the police officer is not allowed to enter the house.
 The police officer pushes past the teenage and enters the house
LEGAL OR ILLEGAL IN CANADA?
Illegal – homeowner can deny entry
SEARCH SCENARIOS - #2
 Based on the same scenario (as previous example), the police officer is at the door
of the house and asks the student how old they are.
 The student responds that they are 16 years old.
 The police officer notices that the student is intoxicated and sees a fellow high school
student smoking a joint in the house.
 The police officer enters the house.
LEGAL OR ILLEGAL IN CANADA?
Legal – police can enter when they see evidence of illegal activity (i.e. underage
drinking/drugs)
SEARCH SCENARIOS - #3
 Four adults are driving in a car and get pulled over for speeding.
 The police officer sees someone in the backseat with an open bottle of alcohol.
 He asks everyone to step out of the vehicle and proceeds to search each person.
LEGAL OR ILLEGAL IN CANADA?
Legal – searches can be conducted when there is open alcohol in the car
SEARCH SCENARIOS - #4
 Three police officers obtain a search warrant for a house based on evidence that
they believe the homeowner is dealing drugs.
 The warrant states that they are looking for drugs and drug related paraphernalia.
 The officers search a desk drawer and find a gun.
LEGAL OR ILLEGAL IN CANADA?
Legal – gun is drug-related
SEARCH SCENARIOS - #5
 As a homeowner you give police the permission to search your home, but they do not
have search warrant.
LEGAL OR ILLEGAL IN CANADA?
Legal – you can give consent
SEARCH SCENARIOS - #6
 A police officer is in pursuit of someone on foot who is believed to have just robbed
a bank.
 She enters the suspect’s home. While there she encounters a lot of money and
weapons.
 The officer proceeds to search the rest of the house.
LEGAL OR ILLEGAL IN CANADA?
Illegal – could use money and weapons found in plain sight to obtain a search
warrant for the rest of the house