ITO Drafting and Search Execution Checklist

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Drafting Practices

Content
☐ Sufficient information in the file to support a warrant ☐ a "full and frank" account of the factual narrative ☐ each offence is described properly ☐ detailed and accurate description of thing to be searched for ☐ detailed and accurate description of place to be searched ☐ evidence that supports factual findings necessary to prove each essential element of the offence. ☐ Search Authority is identified ☐ the confidential informant's reliability and history is described ☐ the identifying information of the confidential informant is eassily removable.	☐ Does the ITO require a sealing order? ☐ Reason of the order is ☐ Jeopardy of Ongoing Investigation ☐ Confidential Source ☐ investigative techniques ☐ Duration of the order is _________
☐ Are all necessary members named? ☐ Are the named members required? ☐ The wording from the warrant match the wording in the ITO ☐ Basis for a Night Search Warrant? ☐ ☐ Basis for a telewarrant? ☐
After Search
☐ delivered a copy of the warrant ☐ Form 5.2 filled out and filed with the Justice of the Peace ☐ Copy of warrant served on home-owner(s) and/or occupants. Copy left at location of search. Document any damage done to the location of search. Document any voluntary/consent searches performed. Are all seized items recorded and request for Detention Order is made to Authorizing Justice. Document the return of any seized items. Any forms required by police policies are completed. Should warrant not be executed, the warrant should be returned to the court.

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

• ☐ Verify and initial a copy of warrant and ITO for the police file.
• ☐ Does the wording of (a) offence, (b) place to be searched, and (c) items to be searched, for as found in ITO match wording found in warrant?
• ☐ Does the warrant and ITO identify the person authorized to search.

• Reliance on Confidential Sources
  • ☐ Detail history and reliability of confidential source
  • ☐ The wording in the ITO able to protect identity of source.

• Grounds for Sealing Order (487.3):
  • ☐ protect on-going investigation (complete sealing with time limitation)
  • ☐ protect source (sealing of portions that would tend to reveal identity of source)
  • ☐ protect young individuals, witnesses, victims or accused (sealing of portions that would tend to reveal identity)
  • ☐ protect investigative technique (sealing of portions that would tend to reveal identity of source)
  • ☐ protect _________________
• ☐ Prepared a draft redaction of ITO in case of unsealing.