Listes de contrôle de la police

De Le carnet de droit pénal

Section 487 Warrant

INFORMATION TO OBTAIN

  1. Use of Form 1
  2. Under oath, signed and dated
Completeness of summary
  1. Full and frank account of the relevant evidence.
    1. Narrative does not make conclusory statements. Every statement is sourced where possible.
    2. Description of items to be searched for;
Legal Requirements
  1. There is a belief of an offence has been committed. The offences are listed.
    1. the narrative supports belief that all elements were committed.
  2. there is a location identified that is a (a) building (b) receptacle or (c) place (other than vehicle or persons)
  3. there is a belief that location there is
    1. "anything" on or in respect of which an offence has been committed;
    2. Anything that will afford experience with respect of the commission of an offence ;
    3. will reveal the whereabouts of a person who is believe to have committed an offence ;
    4. anything intended to be used for the purpose of committing an offence "against the person" for which a person may be arrested without a warrant; OR
    5. any "offence-related property"
Grounds for Sealing
  1. reason to seal including source info, protect ongoing investigation, protect victim, protect investigative technique.

SEARCH WARRANT

  1. document authorizes a search of a (a) place, (b) receptacle or (c) place (other than vehicle or persons)
  2. authorization is for:
    1. "anything" on or in respect of which an offence has been committed;
    2. Anything that will afford evidence with respect of the commission of an offence ;
    3. will reveal the whereabouts of a person who is believe to have committed an offence ;
    4. anything intended to be used for the purpose of committing an offence "against the person" for which a person may be arrested without a warrant; OR
    5. any "offence-related property"
  3. document orders seized items to be brought before a justice or make a s. 489.1 Report;
  4. document is issued to a named "public officer".
  5. the date is correct;
  6. the document is signed.

Execution

  1. left a copy of warrant at search.
  2. documented any damage done
  3. returned non-executed warrant to the authorizing justice
  4. Report to Justice filed
  5. Detention order obtained

General Warrant

Voir également: Mandats généraux
  • ☐ Information in writing
  • ☐ Information under oath
  • ☐ there is "reasonable grounds to believe":
    • ☐ an offence has been committed;
    • ☐ the offence is a Criminal Code or other act of Parliament;
  • ☐ Reasonable grounds to believe:
    • ☐ information concerning the offence will be obtained

Warrant ot Enter a Residence

  • ☐ Form 7.1
  • ☐ authorizing a peace officer to enter a dwelling to arrest a person.

Body Impression ITO (487.092)

ITO
  • ☐ under oath or affirmation
  • ☐ oath or affirmation by a "peace officer"
  • ☐ Judge is satisfied there are "reasonable grounds to believe":
    • ☐ an offence under the Criminal Code or other statute was committed AND
    • ☐ Information concerning the offence will be obtained
    • ☐ it is in the best "interests of justice" to grant the warrant
Elements
  • Subject of seizure:
  • handprints
  • footprints
  • fingerprints
  • foot prints
  • teeth impressions
  • impressions of any other body part

AND

  • warrant includes terms and conditions to ensure the seizure is reasonable.
Telewarrant
  • body impression is obtainable by telewarrant (487.092(4))

Seizure of Weapons

  • ☐ appilcation by a peace officer
  • ☐ in relation to a person
  • ☐ there are "reasonable grounds to belief" that it is not "desirable in the interests of the safety" of that person or other persons to possess: weapon, prohibited device, ammo, prohibited ammo, explosive substance or a related licence.

CDSA Search

Voir également: CDSA Warrants
ITO
  • ☐ under oath or affirmation
  • ☐ oath or affirmation by a "peace officer"
  • ☐ Judge is satisfied there are "reasonable grounds to believe":
    • ☐ In a "place" there is:
    • ☐ something that will afford evidence of a CDSA offence OR
    • ☐ a controlled substance or precursor in respect of which the CDSA have been violated
    • ☐ property "related" to a CDSA offence
    • ☐ something in which a controlled substance or precuror is concealed.

Mandats de localisation (492.1)

Voir également: Mandats de localisation
Mandats de localisation – Transactions and things (s. 492.1(1))

Information to Obtain

  • Document under oath and dated.
  • The persons swearing it a "peace officer" or a "public officer"
  • The document makes out "reasonable grounds" to suspect that an offence:
    • (a) has been or (b) will be committed; AND
    • the tracking of a transaction or a thing that will assist in the investigation of an offence

Warrant

  • authorizes (a) installation (b) maintaining; (c) activation and/or (d) removal of a tracking device.
  • in relation to a transaction or a thing that will assist in the investigation of an offence
  • issued to a named "peace officer" or a "public officer"
  • maximum of 60 days at a time unless it is an offence under s. 567.11 or 467.13, crim. org. or terror offences in which case the maximum is 1 year.
  • the judge may place any conditions that they consider appropriate.
Mandats de localisation – individuals (s. 492.1(2))

Information to Obtain

  • Document under oath and dated.
  • The persons swearing it a "peace officer" or a "public officer"
  • The document makes out "reasonable grounds" to suspect that an offence:
    • (a) has been or (b) will be committed; AND
    • the tracking an individual movement by identifying the location of a thing carried or worn by the individual and will assist in the investigation of an offence.

Warrant

  • authorizes (a) installation (b) maintaining; (c) activation and/or (d) removal of a tracking device.
  • in relation to a transaction or a thing that will assist in the investigation of an offence
  • issued to a named "peace officer" or a "public officer"
  • maximum of 60 days at a time unless it is an offence under s. 567.11 or 467.13, crim. org. or terror offences in which case the maximum is 1 year.
  • the judge may place any conditions that they consider appropriate.
Application to Remove tracking Device
  • tracking warrant must have expired;
  • application in writing;
  • application to the justice who issued the initial warrant, if possible
  • the application is supported by a sworn affidavit;
Removal Order
  • order would apply for a time period not exceeding 90 days;
  • the judge may place any conditions that they consider appropriate.

Transmission Data Recorder Warrants (s. 492.2)

Voir également

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