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Wiretaps and Search Warrants
A search warrant is a court-issued order, authorized by a Justice of the Peace or a
judge, enabling the police to search a specified location, place, or item for evidence
relevant to a criminal charge or investigation. The details of the authorization, including
the location and items to be searched, are outlined in the search warrant.
The Criminal Code grants the police the ability to seek various warrants, encompassing
production orders, tracking warrants (for cell phones or vehicles), Transmissions Data
Recorders, authorization to intercept private communication, and warrants to enter
premises and/or residences.
General Warrant:
A general warrant, found in section 487 of the Criminal Code, empowers a judge to issue a warrant authorizing the police to use any device, investigative technique, procedure, or take any action described in the warrant that, if unauthorized, would constitute an unreasonable search.
A general warrant, found in section 487 of the Criminal Code, empowers a judge to issue a warrant authorizing the police to use any device, investigative technique, procedure, or take any action described in the warrant that, if unauthorized, would constitute an unreasonable search.
Information to Obtain (ITO):
An Information to Obtain (ITO) is an affidavit created by a police officer, presenting grounds for warrant requests. The ITO is reviewed by a Justice of the Peace or a judge who may issue a warrant. The ITO should establish reasonable and probable grounds that an offense has been committed, and a search will yield specific evidence relevant to the criminal investigation.
An Information to Obtain (ITO) is an affidavit created by a police officer, presenting grounds for warrant requests. The ITO is reviewed by a Justice of the Peace or a judge who may issue a warrant. The ITO should establish reasonable and probable grounds that an offense has been committed, and a search will yield specific evidence relevant to the criminal investigation.
Execution of Search Warrant:
If pursuant to the Criminal Code, the search must occur during the day (6 a.m. to 9 p.m.), and night execution requires an additional application. For warrants under the Controlled Drugs and Substances Act (CDSA), the police can execute the warrant day or night. The police should present the search warrant, and if not shown, individuals should ask to see it and verify the information's accuracy.
If pursuant to the Criminal Code, the search must occur during the day (6 a.m. to 9 p.m.), and night execution requires an additional application. For warrants under the Controlled Drugs and Substances Act (CDSA), the police can execute the warrant day or night. The police should present the search warrant, and if not shown, individuals should ask to see it and verify the information's accuracy.
Warrantless Searches:
While the police can conduct warrantless searches, the Crown must prove the lawfulness of such searches. In contrast, in cases with a warrant, the onus is on the Accused-Applicant to demonstrate the search's unreasonableness. Exceptions to warrantless searches include:
While the police can conduct warrantless searches, the Crown must prove the lawfulness of such searches. In contrast, in cases with a warrant, the onus is on the Accused-Applicant to demonstrate the search's unreasonableness. Exceptions to warrantless searches include:
- Exigent Circumstances
- Search Incident to Arrest
- Investigative Detention
- Emergency Calls
- Consent Search
Wiretaps:
Wiretaps, governed by Criminal Code s. 184.4, allow police to intercept private communications like text messages and phone calls. The police must know the identity of the person and have reasonable grounds to believe interception may assist the investigation.
Wiretaps, governed by Criminal Code s. 184.4, allow police to intercept private communications like text messages and phone calls. The police must know the identity of the person and have reasonable grounds to believe interception may assist the investigation.
Challenging a Wiretap Authorization involves questioning accuracy, reasonable and
probable grounds, prior procedures, and urgency justification. Wiretap authorizations
are generally harder to obtain due to the high level of privacy afforded to private
communications by the Criminal Code. Individuals are notified if their private
communications were intercepted after the fact.
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