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SEARCH. Legal Rights and Search Laws. Sect. 8 of the Charter protects Canadians from unreasonable search or seizure; The police cannot search you or your property, record you speaking, or seize your property unless there are reasonable and probable grounds to do so.

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SEARCH

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  1. SEARCH

  2. Legal Rights and Search Laws

  3. Sect. 8 of the Charter protects Canadians from unreasonable search or seizure; • The police cannot search you or your property, record you speaking, or seize your property unless there are reasonable and probable grounds to do so.

  4. REASONABLE AND PROBABLE GROUNDS • During a police investigation, police officers are limited with the actions they can take to arrest someone • One of the most important limitations is that officers must obtain a search warrant properly before conducting a search. • To obtain a search warrant properly, officers must show a judge or justice of the peace that they have reasonable and probable grounds to conduct the search. • REASONABLE AND PROBABLE GROUNDS: facts that would cause an average person to believe beyond a mere suspicion that there is evidence of a crime. • For example, if you are running from an electronics store with a laptop in your hand right after someone has called 911 and reported a robbery, it would be reasonable to assume you had some involvement in the robbery. If you were just standing outside the store and had nothing in your hands, it would be unreasonable to search you.

  5. How are reasonable and probable grounds established? • The officers must show that they were objective • A clear connection between the search and a criminal offence must be evident • An average person must believe the officers were reasonable – sensible and logical; • The connection to the accused must also be probable, not random, impulsive or based on a hunch

  6. SEARCH INCIDENT TO ARREST • Police can search a person without a warrant if they have arrested that person or if they believe he or she is carrying a weapon. • This is called SEARCH INCIDENT TO ARREST • The main purposes of a police search incident to arrest are: • To ensure the safety of the police and public; • To prevent the destruction of evidence; • To discover evidence of the offence for which the accused was arrested.

  7. RIGHTS ON BEING SEARCHED • Police can only enter your home with a search warrant to search for evidence related to the charge. • To get the search warrant, the officer must swear before a justice of the peace or a judge that an offence has been committed and they have reasonable grounds to believe evidence of the crime exists on an accused’s property.

  8. SEARCH WARRANTS • Can only be used to search a residence on the date indicated; • The search can only take place during daylight hours – 6am and 9pm. • The search can only involve the areas and items listed on the warrant; • Only items listed on the warrant can be seized, unless other illegal items are found during the search. • Items not listed in the search warrant but related to the crime must be in plain view to be confiscated. • Any items seized can be kept for up to 3 months or longer if they are needed as evidence in a trial.

  9. SEARCH LAWS AND RULES • Police can demand to enter a residence if they have a search warrant; • If they are refused or if no one is home, they have the authority to break in to the premises (but they are liable for any excessive force used). • If a warrant is presented and is not 100% correct in all its details, entry can be refused. • Once inside, the police can search individuals but only after arrest unless they believe the person has illegal weapons or drugs.

  10. Electronic Surveillance and Your Rights • A warrant is also needed for electronic surveillance. • Telewarrants are also issued by phone, fax, or email to expedite the process – police are not required to stand before a justice in order to obtain a telewarrant. • Telewarrants are usually used in dire situations – where the police can’t wait to go to court to get a warrant from the judge.

  11. EXCEPTIONS TO SEARCH LAWS • Police can search any place that is not a private residence without a warrant if there are reasonable and probable grounds that it contains illegal drugs, i.e. They can search your car. • Illegal weapons can also be searched for without a warrant in any place that is not a private residence, such as a car. • When searching a car, items must be in plain view for the search to be legal. If there is no reason, for example, to believe Sukhraj has a kilo of cocaine in his trunk, it cannot be searched for at a spot check.

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