Police Checklists

From Criminal Law Notebook
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General Warrant

See also: General Warrants
  • Information in writing
  • Information under oath
  • there is "reasonable grounds to believe":
    • an offence has been committed;
    • the offence is a Criminal Code or other act of Parliament;
  • Reasonable grounds to believe:
    • information concerning the offence will be obtained

Warrant ot Enter a Residence

  • Form 7.1
  • authorizing a peace officer to enter a dwelling to arrest a person.

Body Impression ITO (487.092)

ITO
  • under oath or affirmation
  • oath or affirmation by a "peace officer"
  • Judge is satisfied there are "reasonable grounds to believe":
    • an offence under the Criminal Code or other statute was committed AND
    • Information concerning the offence will be obtained
    • it is in the best "interests of justice" to grant the warrant
Elements
  • Subjedct of seizure:
  • handripnts
  • footprints
  • fingerprints
  • foot prints
  • teeth impressions
  • impressions of any other body part

AND

  • warrant includes terms and conditions to ensure the seizure is reasonable.
Telewarrant
  • body impression is obtainable by telewarrant (487.092(4))

Seizure of Weapons

  • appilcation by a peace officer
  • in relation to a person
  • there are "reaosnabel grounds to belief" that it is not "desirable in the interests of the safety" of that person or other persons to possess: weapon, prohibited device, ammo, prohibited ammo, explosive subsdtyancr4o or a related licence.

CDSA Search

See also: CDSA Warrants
ITO
  • under oath or affirmation
  • oath or affirmation by a "peace officer"
  • Judge is satisfied there are "reasonable grounds to believe":
    • In a "place" there is:
    • something that will afford evidence of a CDSA offence OR
    • a controlled substance or precursor in respect of which the CDSA have been violated
    • property "related" to a CDSA offence
    • something in which a controlled substance or precuror is concealed.

See Also