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