Inventory Searches: Difference between revisions
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This also applies where a vehicle is being seized due to being parked in an unsafe location.<ref> | This also applies where a vehicle is being seized due to being parked in an unsafe location.<ref> | ||
R v Russell, [http://canlii.ca/t/h07hj 2017 BCPC 60] (CanLII){{perBCPC|Koturbash J}} - re s. 188 of BC Motor Vehicle Act<br> | ''R v Russell'', [http://canlii.ca/t/h07hj 2017 BCPC 60] (CanLII){{perBCPC|Koturbash J}} - re s. 188 of BC Motor Vehicle Act<br> | ||
</ref> | </ref> | ||
'''Rationale'''<br> | '''Rationale'''<br> | ||
The rationale for the power to do an inventory does not flow from the nature of the investigation but rather is based on the interests of:<ref> | The rationale for the power to do an inventory does not flow from the nature of the investigation but rather is based on the interests of:<ref> | ||
R v Cooper, [http://canlii.ca/t/gt566 2016 BCPC 259] (CanLII){{perBCPC|Cutler J}} at para 16<br> | ''R v Cooper'', [http://canlii.ca/t/gt566 2016 BCPC 259] (CanLII){{perBCPC|Cutler J}} at para 16<br> | ||
R v Wint, (2009) [http://canlii.ca/t/225zz 2009 ONCA 52] (CanLII), 93 O.R. 514 (Ont.C.A.){{TheCourt}}<br> | ''R v Wint'', (2009) [http://canlii.ca/t/225zz 2009 ONCA 52] (CanLII), 93 O.R. 514 (Ont.C.A.){{TheCourt}}<br> | ||
R v Nicolosi (1998) [http://canlii.ca/t/6h03 1998 CanLII 2006] (ON CA), 127 CCC (3d) 176 (Ont.C.A.){{perONCA|Doherty JA}}<br> | R v Nicolosi (1998) [http://canlii.ca/t/6h03 1998 CanLII 2006] (ON CA), 127 CCC (3d) 176 (Ont.C.A.){{perONCA|Doherty JA}}<br> | ||
R v Ellis, [http://canlii.ca/t/fwm5b 2013 ONSC 1494] (CanLII){{perONSC|Cambpell J}}<br> | ''R v Ellis'', [http://canlii.ca/t/fwm5b 2013 ONSC 1494] (CanLII){{perONSC|Cambpell J}}<br> | ||
</ref> | </ref> | ||
* person who owns the property and wishes the police to safeguard the property while it is in police custody; | * person who owns the property and wishes the police to safeguard the property while it is in police custody; | ||
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'''Towing Vehicle'''<br> | '''Towing Vehicle'''<br> | ||
A decision on the part of police to have a vehicle towed does not necessarily always justify an inventory search.<ref> | A decision on the part of police to have a vehicle towed does not necessarily always justify an inventory search.<ref> | ||
R v Harflett, [http://canlii.ca/t/gp6lb 2016 ONCA 248] (CanLII){{perONCA|Lauwers JA}}<br> | ''R v Harflett'', [http://canlii.ca/t/gp6lb 2016 ONCA 248] (CanLII){{perONCA|Lauwers JA}}<br> | ||
</ref> | </ref> | ||
The police should turn their mind to other options besides impounding the vehicle.<ref> | The police should turn their mind to other options besides impounding the vehicle.<ref> | ||
e.g. R v Martin, 2012 ONSC 2298{{NOCANLII}} | e.g. ''R v Martin'', 2012 ONSC 2298{{NOCANLII}} | ||
</ref> | </ref> | ||
'''Contents of Bags'''<br> | '''Contents of Bags'''<br> | ||
The power to conduct inventory searches of vehicles may also permit the opening and examining of the contents of bags found within the vehicle.<ref> | The power to conduct inventory searches of vehicles may also permit the opening and examining of the contents of bags found within the vehicle.<ref> | ||
R v Wint, [http://canlii.ca/t/225zz 2009 ONCA 52] (CanLII){{TheCourt}} | ''R v Wint'', [http://canlii.ca/t/225zz 2009 ONCA 52] (CanLII){{TheCourt}} | ||
</ref> | </ref> | ||
Inventory searches do not extent to situations where an officer is assisting a sheriff's officer in executing an eviction order, such that bags are opened for examination.<ref> | Inventory searches do not extent to situations where an officer is assisting a sheriff's officer in executing an eviction order, such that bags are opened for examination.<ref> | ||
R v Stevens, [http://canlii.ca/t/fm7rk 2011 ONCA 504] (CanLII){{perONCA|Armstrong JA}} | ''R v Stevens'', [http://canlii.ca/t/fm7rk 2011 ONCA 504] (CanLII){{perONCA|Armstrong JA}} | ||
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Revision as of 09:38, 13 January 2019
General Principles
Certain provincial vehicle Acts permit an officer to conduct an inventory search of a vehicle that is being impounded.[1] This also applies where a vehicle is being seized due to being parked in an unsafe location.[2]
Rationale
The rationale for the power to do an inventory does not flow from the nature of the investigation but rather is based on the interests of:[3]
- person who owns the property and wishes the police to safeguard the property while it is in police custody;
- public safety who are concerned contraband being held by police or in authorized storage facilities;
- police desire to protect against civil liability for loss or damage to property found in the vehicle.
Towing Vehicle
A decision on the part of police to have a vehicle towed does not necessarily always justify an inventory search.[4]
The police should turn their mind to other options besides impounding the vehicle.[5]
Contents of Bags
The power to conduct inventory searches of vehicles may also permit the opening and examining of the contents of bags found within the vehicle.[6]
Inventory searches do not extent to situations where an officer is assisting a sheriff's officer in executing an eviction order, such that bags are opened for examination.[7]
- ↑
e.g. Highway Traffic Act (ON), s. 172
- ↑
R v Russell, 2017 BCPC 60 (CanLII), per Koturbash J - re s. 188 of BC Motor Vehicle Act
- ↑
R v Cooper, 2016 BCPC 259 (CanLII), per Cutler J at para 16
R v Wint, (2009) 2009 ONCA 52 (CanLII), 93 O.R. 514 (Ont.C.A.), per curiam
R v Nicolosi (1998) 1998 CanLII 2006 (ON CA), 127 CCC (3d) 176 (Ont.C.A.), per Doherty JA
R v Ellis, 2013 ONSC 1494 (CanLII), per Cambpell J
- ↑
R v Harflett, 2016 ONCA 248 (CanLII), per Lauwers JA
- ↑ e.g. R v Martin, 2012 ONSC 2298(*no CanLII links)
- ↑ R v Wint, 2009 ONCA 52 (CanLII), per curiam
- ↑ R v Stevens, 2011 ONCA 504 (CanLII), per Armstrong JA