Search and Seizure

Crime scene investigation must be done in accordance with Section 8:
right to be secure against unreasonable search and seizure

Application to have evidence excluded due to unreasonable search are
submitted under s.24(2) of the Charter
o …evidence will not be used if its admission would bring the
administration of justice into disrepute. (make trial unfair)
Search Warrants

Court document requested by police and issued by a judge or a justice of
the peace to search a specific location
o Note: only specified items can be seized (SW not a ‘fishing
expedition’)

Telewarrants (over the phone) issued if time is of the essence
(*must be a serious crime)
A search warrant will be issued if:
1. Offence is suspected to have been committed
2. Reasonable & probable grounds (RPG) that evidence about
offence or person will be obtained
3. Anything intended for the purpose of the offence could be found
*RPG Example Scenario:
 Police receive a 911 call to an electronics store that has been help up
at gunpoint. You are seen running from the store with a laptop in hand
and a gun in the other
 Police would think it is reasonable to assume that you committed the
theft and are in possession of a weapon.
 If you were only standing outside of electronics store at the time of
robbery, but have nothing clearly on you – there is no reason to
search you.
Circumstances that do NOT require a search warrant:
1. Consent

Permission to search is given
Search and Seizure
2. Plain view doctrine

Ex. traffic stop and see handle of gun under seat – now can search
car
2. Search incidental to arrest

Ex. pulled over and arrested for drunk driving – now can search car
to see if they disposed of any other evidence
3. Exigent circumstances – imminent danger of loss, removal,
destruction, or disappearance of evidence if the search or seizure is
delayed, prevent danger or death to someone.


Ex. Man runs into house with gun and comes out without it – now
you can search house
Ex. Plane needs to be searched before it departs (not practical to get
a warrant) – to prevent danger or death of someone
Controlled Drugs and Substances Act:
 Under this act, the police may search any place that is not a private
residence (someone’s home) without a warrant
o If there are reasonable and probable grounds to believe that
it contains illegal drugs.
o 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