Hide and Go Seek
Search Warrants
Searches
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Under Section 8 of the Charter of Rights and
Freedoms clear restrictions are placed on
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How the police can conduct searches
What actually can be collected
Generally the police require a warrant from a judge
to initiate a search
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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
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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
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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
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Driving while intoxicated
Warrant
In order to search a residence the police
require a formal warrant issued by a judge
This is unnecessary if
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The owner of the house gives permission
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They can search the premises
The police are invited / allowed in
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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
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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