Proceeds of Crime Search Warrant: Difference between revisions

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==General Principles==

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; Detention and record of property seized

(4) Every person who executes a warrant issued by a judge under this section shall

:(a) detain or cause to be detained the property seized, taking reasonable care to ensure that the property is preserved so that it may be dealt with in accordance with the law;

::(a) during that execution, give the following to any person who is present and ostensibly in control of the building, receptacle or place to be searched or, in the absence of any such person, affix the following in a prominent location within the building or place or on or next to the receptacle:

::(i) a copy of the warrant, and

::(ii) a notice in Form 5.1 {{AnnSec|Form 5.1}} setting out the address of the court from which a copy of the report on the property seized may be obtained;

:(a.1) detain or cause to be detained the property seized, taking reasonable care to ensure that the property is preserved so that it may be dealt with in accordance with the law;

:(b) as soon as practicable after the execution of the warrant but within a period not exceeding seven days thereafter, prepare a report in Form 5.3 {{AnnSec|Form 5.3}}, identifying the property seized and the location where the property is being detained, and cause the report to be filed with the clerk of the court; and

:(c) cause a copy of the report to be provided, on request, to the person from whom the property was seized and to any other person who, in the opinion of the judge, appears to have a valid interest in the property.

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{{LegHistory00s|2005, c. 44}}, s. 3;

{{LegHistory10s|2017, c. 7}}, s. 57(F);

{{LegHistory10s|2019, c. 25}}, s. 180.

{{LegHistory10s|2019, c. 25}}, s. 180;

{{LegHistory20s|2022, c. 17}}, s. 12.

|{{CCCSec2|462.32}}

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-{{Currency|January 2020}}
+{{Currency|January 2023}}
 {{LevelZero}}{{HeaderProceeds}}
 ==General Principles==
@@ Line 20: / Line 20: @@
 ; Detention and record of property seized
 (4) Every person who executes a warrant issued by a judge under this section shall
-:(a) detain or cause to be detained the property seized, taking reasonable care to ensure that the property is preserved so that it may be dealt with in accordance with the law;
+::(a) during that execution, give the following to any person who is present and ostensibly in control of the building, receptacle or place to be searched or, in the absence of any such person, affix the following in a prominent location within the building or place or on or next to the receptacle:
+::(i) a copy of the warrant, and
+::(ii) a notice in Form 5.1 {{AnnSec|Form 5.1}} setting out the address of the court from which a copy of the report on the property seized may be obtained;
+:(a.1) detain or cause to be detained the property seized, taking reasonable care to ensure that the property is preserved so that it may be dealt with in accordance with the law;
 :(b) as soon as practicable after the execution of the warrant but within a period not exceeding seven days thereafter, prepare a report in Form 5.3 {{AnnSec|Form 5.3}}, identifying the property seized and the location where the property is being detained, and cause the report to be filed with the clerk of the court; and
 :(c) cause a copy of the report to be provided, on request, to the person from whom the property was seized and to any other person who, in the opinion of the judge, appears to have a valid interest in the property.
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 {{LegHistory00s|2005, c. 44}}, s. 3;
 {{LegHistory10s|2017, c. 7}}, s. 57(F);
-{{LegHistory10s|2019, c. 25}}, s. 180.
+{{LegHistory10s|2019, c. 25}}, s. 180;
+{{LegHistory20s|2022, c. 17}}, s. 12.
 {{annotations}}
 |{{CCCSec2|462.32}}