ITO Drafting and Search Execution Checklist: Difference between revisions

From Criminal Law Notebook
← Older editNewer edit →
VisualWikitext
m 1 revision imported
No edit summary
Line 1: Line 1:
<!--{{LevelZero}}
{{{LevelZero}}
{{HeaderSearch}}
{{HeaderSearch}}
==Drafting Practices==
==Drafting Practices==
A properly drafted warrant, as a best practice, should generally involve the following elements:
 
{| class="wikitable"
|-
! '''Header''' !! '''Header'''
|-
|
# {{Box}} Sufficient information in the file to support a warrant
# {{Box}} a "full and frank" account of the factual narrative
# {{Box}} each offence is described properly
# {{Box}} detailed and accurate description of thing to be searched for
# {{Box}} detailed and accurate description of place to be searched
# {{Box}} evidence that supports factual findings necessary to prove each essential element of the offence.
# {{Box}} Search Authority is identified
# {{Box}} the confidential informant's reliability and history is described
# {{Box}} the identifying information of the confidential informant is eassily removable.
|
# {{Box}} Does the ITO require a sealing order?
# {{Box}} Reason of the order is
## {{Box}} Jeopardy of Ongoing Investigation
## {{Box}} Confidential Source
## {{Box}} investigative techniques
 
# {{Box}} Duration of the order is _________
|-
|
# {{Box}} The wording from the warrant match the wording in the ITO
# {{Box}} Basis for a Night Search Warrant?
## {{Box}}
# {{Box}} Basis for a telewarrant?
## {{Box}}
 
|
|-
| '''After Search''' ||
|-
|
# {{Box}} delivered a copy of the warrant
# {{Box}} Form 5.2 filled out and filed with the Justice of the Peace
# {{Box}}
|
|}
 
# {{Box}} Are all necessary members named?
# {{Box}} Are the named members required?
 
# identify the ''type'' of warrant sought as well as relevant sections.
# identify the ''type'' of warrant sought as well as relevant sections.
# the judicial authority the request is made to (JP, Superior Court Justice, Provincial Court Judge)
# the judicial authority the request is made to (JP, Superior Court Justice, Provincial Court Judge)

Revision as of 21:59, 26 January 2019

{

Drafting Practices

Header Header
  1. ☐ Sufficient information in the file to support a warrant
  2. ☐ a "full and frank" account of the factual narrative
  3. ☐ each offence is described properly
  4. ☐ detailed and accurate description of thing to be searched for
  5. ☐ detailed and accurate description of place to be searched
  6. ☐ evidence that supports factual findings necessary to prove each essential element of the offence.
  7. ☐ Search Authority is identified
  8. ☐ the confidential informant's reliability and history is described
  9. ☐ the identifying information of the confidential informant is eassily removable.
  1. ☐ Does the ITO require a sealing order?
  2. ☐ Reason of the order is
    1. ☐ Jeopardy of Ongoing Investigation
    2. ☐ Confidential Source
    3. ☐ investigative techniques
  1. ☐ Duration of the order is _________
  1. ☐ The wording from the warrant match the wording in the ITO
  2. ☐ Basis for a Night Search Warrant?
    1. ☐
  3. ☐ Basis for a telewarrant?
    1. ☐
After Search
  1. ☐ delivered a copy of the warrant
  2. ☐ Form 5.2 filled out and filed with the Justice of the Peace
  3. ☐
  1. ☐ Are all necessary members named?
  2. ☐ Are the named members required?
  1. identify the type of warrant sought as well as relevant sections.
  2. the judicial authority the request is made to (JP, Superior Court Justice, Provincial Court Judge)
  3. detail the identity of the affiant
    1. name, title, rank, length of employment,
    2. working group, mandate, my role in ground, type of offences investigated
    3. personal relevant experence
  4. sources of information
    1. databases relied upon
    2. personal sources (name, age, residence, criminal record)
  5. persons of interest (name, age, residences, charges, criminal record)
  6. property at issue: (if forfeiture or seizure)
    1. describe it (location, size, who is in possession of item, all information on ownership/owners)
    2. avoid over-breadth, vagueness
  7. location to be searched
    1. address, region, description of location
  8. summary of investigation
  9. previous applications
  10. reasons for any special requests (telewarrant, night-time search)
  11. conclusion / requested order

Tips for contents:

  • make the source of information clear for each statement of fact
  • if any evidence was obtained unconstitutionally, indicate what amount if any that evidence formed the basis of the warrant
  • make sure to sign the document-->
Retrieved from "https://criminalnotebook.ca/index.php?title=ITO_Drafting_and_Search_Execution_Checklist&oldid=23850"