Body Print Impression Warrant: Difference between revisions
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Revision as of 14:10, 3 May 2020
General Principles
Section 487.092 was enacted on June 16, 1997 through Bill C-17.
- Information for impression warrant
487.092 (1) A justice may issue a warrant in writing authorizing a peace officer to do any thing, or cause any thing to be done under the direction of the peace officer, described in the warrant in order to obtain any handprint, fingerprint, footprint, foot impression, teeth impression or other print or impression of the body or any part of the body in respect of a person if the justice is satisfied
- (a) by information on oath in writing that there are reasonable grounds to believe that an offence against this or any other Act of Parliament has been committed and that information concerning the offence will be obtained by the print or impression; and
- (b) that it is in the best interests of the administration of justice to issue the warrant.
- Search or seizure to be reasonable
(2) A warrant issued under subsection (1) [information for impression warrant] shall contain such terms and conditions as the justice considers advisable to ensure that any search or seizure authorized by the warrant is reasonable in the circumstances.
- Execution in Canada
(3) A warrant issued under subsection (1) [information for impression warrant] may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.
- Telewarrant
(4) ...
1997, c. 18, s. 45; 1998, c. 37, s. 23; 2019, c. 25, s. 201.– CCC
A warrant authorized under s .487.092 permits a peace officer to "do anything" as directed by the warrant to obtain a "handprint, fingerprint, footprint, foot impression, teeth impression or other print or impression of the body or any part of the body".
The warrant requires that the authorizing "justice" be satisfied there are "reasonable grounds to believe":
- "an offence against this or any other Act of Parliament has been committed";
- "that information concerning the offence will be obtained by the print or impression";
- it is "best interests of the administration of justice".
"Justice" refers to a justice of the peace or a provincial court judge.[1]
Telewarrant
A telewarrant is also available under s. 487.092.[1]
- Information for impression warrant
487.092 (1) ...
- Telewarrant
(4) Where a peace officer believes that it would be impracticable to appear personally before a justice to make an application for a warrant under this section, a warrant may be issued under this section on an information submitted by telephone or other means of telecommunication and, for that purpose, section 487.1 [telewarrants] applies, with such modifications as the circumstances require, to the warrant.
1997, c. 18, s. 45; 1998, c. 37, s. 23; 2019, c. 25, s. 201– CCC
- ↑ see Telewarrants