Inventory Searches: Difference between revisions
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'''Rationale'''< | '''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> | ||
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* police desire to protect against civil liability for loss or damage to property found in the vehicle. | * police desire to protect against civil liability for loss or damage to property found in the vehicle. | ||
'''Towing Vehicle'''< | '''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> | ||
Revision as of 07:38, 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