Download Searches & Warrants - Ms. Freedman, Grade 11 Law

Searches & Warrants
Presented by: Kurt, Kyle, Mashal, Mickael, Iyyob & Will
Vocabulary
Search: to examine another’s premises  Cursory Search: a “pat down” search,
conducted on an individual, usually
 Search Warrant: a court document
just after an arrest
that allows police to search a specific
 Facsimile warrant: a hard copy,
location (residence, office, storage
written or printed
area, etc.)


Telewarrant: a search warrant
obtained by phone or fax

Trafficking: to deal, sell or trade
something illegal

Narcotic: a drug or substance that
alters one’s mood or behavior, sold for
non medical purposes
Searching a Person

Police do not require a warrant upon
searching someone they have just
arrested
According to the SCC, police must fulfil
the following 3 conditions for the search
to be lawful:

Arrest must be legal (justified)

Search must be done in a reasonable
manner

Search must be connected to arrest

For offences such as murder or sexual
assault, police may obtain a warrant
to force one to provide DNA for DNA
profiling.

Police will do a “pat down” search to
ensure there are no concealed
weapons immediately after arrest.

A more thorough search can take
place at the police station.

Strip searches has become fairly
common in Canada, so the SCC has
placed limits on when and how they
can be conducted
Searching a Place
Before police can search
places, they require a
warrant.
The warrant must be:

Correctly obtained

Properly Filled out
Obtaining a Warrant
To obtain a warrant, the police must

Deliver sworn information to a judge
or justice of the peace
Information Specifies
 Crime
 Items
 Grounds
Conducting the Search
The warrant specifies that the search
 Must be on a specific day &
 Must take place during daylight
hours (6:00am – 9:00pm)
Before starting the search, Police must:

Identify themselves

Show warrant to occupant(s)
Police can confiscate items not listed as
long as they are:

Related to the crime

In plain sight
Evidence

Police can confiscate items not
listed in warrant as long as they
relate to the crime, however;

Of the items confiscated during
a search, any that are not
evidence must be returned to
the owner within three months

Any evidence to be used during
trial will be kept by police
Exceptions
There are some exceptions to the
need for a warrant…

Police do not require a warrant when
there is imminent injury or death to
any person

A warrant is also not required when
there is imminent destruction of
evidence

Under drugs and substances act,
police only require a warrant to
search a residence for drugs, not
other places

Police are also allowed to search
automobiles for illegal alcohol
The case Study:
Facts:
Issues

Police looking for illegal drug activity

Set up observation post across from a
shop

Police have power to search suspects
after arrests, however…

Police watch Golden selling white
powder (cocaine)

Does this allow them to strip search
suspects?

Arrest Golden

Strip search after Golden resists

Find 10 grams of cocaine concealed in
Golden’s underwear
Decision

In a decision of 5 to 4 the Supreme Court of Canada
acquitted golden of the charges.

The Supreme Court of Canada ruled that the strip
search was not conducted in a "reasonable
fashion."

The court found that the police have the power to
strip search someone just arrested but is subject to
strict limitations.

Strip searches cannot be done with the purpose of
punishing the accused.
Significance:

Strip searches are "inherently humiliating and degrading"

The court ruled that strip searches cannot be "carried out as a matter of routine
police department policy applicable to all arrestees.“

The court urged parliament to pass legislation pertaining to strip searches.
Strip searches should only be conducted when:

The police have reason to believe the accused is concealing a weapon, drugs or
other evidence;

The search is authorized by a senior officer;

The search is done by an officer of the same sex; and

Searches of body cavities are done by medical personnel.

-Searches should be conducted at the police station, not the field except in
pressing circumstances.