Search laws CLU3ME: Unit #3 - Day Five

Search warrants Did you know… one of the most important rights in Canada is the right to privacy Section 8 of the Charter states that everyone has the right to be secure against unreasonable search or seizure. THEREFORE… the police cannot search you or your property, record you speaking, or seize your property (take by force) unless they have reasonable and probable grounds to do so.

Recap – what does “reasonable and probable” mean? The police receive a 911 call that an electronics store has just been held up at gunpoint and you are found running from the store with a laptop in one hand and a gun in the other. It is reasonable to assume that you just committed a theft and that the laptop is stolen merchandise. However, if you are standing outside the store at the time of the robbery, with nothing clearly on you to incriminate you, it is unreasonable to search you. There is no reason to believe that you have stolen any merchandise. Even if the police have a hunch that you are part of this robbery, it is not a sufficient reason for them to search you.

Search warrants Charter (Section 8) guarantees against unreasonable search; thus information sworn to the court must be convincing. Required when police wish to search a person or a residence to find more evidence related to a charge. A Search warrant: Is a court document that gives police the right to search a specific location. Specifies the crime and the items police are looking for, Provides reasonable grounds that they have for believing those items will be found in a specific location Normally only specified items may be seized (search warrants can’t be used as fishing expeditions). *Cases can be thrown out if the terms of the warrant were not followed.

Search laws & rules Entry must be granted to a premises if the warrant is correct in every detail Forced entry can occur if entry is denied A person may not be searched there unless arrested The address of a searched location may not be published unless charges laid Modern techniques such as video surveillance, tracking devices and phone recorders may only be used where a person would not normally expect privacy

Exceptions to search laws include… When someone is just arrested Suspected of drunk driving Police have reasonable grounds that entering is necessary to prevent imminent death/injury There may be destruction of evidence relating to an indictable offence The suspicion of drugs, alcohol, and illegal weapons in a building can lead to a search without a warrant Police in pursuit of a suspect

Exceptions to search laws cont’d NOTE - Controlled Drugs and Substances Act is another legislation (other than the Criminal Code) that can be used for conducting a search. Under this act, the police may search any place that is not a private residence (someone’s home) without a warrant if there are reasonable and probable grounds to believe that it contains illegal drugs. Note - anyone found inside these premises can also be searched without a warrant. Keep in mind - to search a residence a warrant is always required These types of searches take place when: If surprise is necessary, announcing arrival is not required. Any place except a dwelling (i.e. your home) can be searched for illegal weapons (i.e. a car) i.e. Cars can be searched for bootlegged booze

Search scenarios Turn to the back of your handout; Read each of the following scenarios and state whether it would be considered a legal or illegal search in Canada.

Search scenarios - #1 A 16 year old student has a party at their parent’s house. A police officer knocks at the door in response to a noise complaint and asks to come in. The student states the police officer is not allowed to enter the house. The police officer pushes past the teenager and enters the house LEGAL OR ILLEGAL IN CANADA? Illegal – homeowner can deny entry

Search scenarios - #2 Based on the same scenario (as previous example), the police officer is at the door of the house and asks the student how old they are. The student responds that they are 16 years old. The police officer notices that the student is intoxicated and sees a fellow high school student smoking a joint in the house. The police officer enters the house. LEGAL OR ILLEGAL IN CANADA? Legal – police can enter when they see evidence of illegal activity (i.e. underage drinking/drugs)

Search scenarios - #3 Four adults are driving in a car and get pulled over for speeding. The police officer sees someone in the backseat with an open bottle of alcohol. He asks everyone to step out of the vehicle and proceeds to search each person. LEGAL OR ILLEGAL IN CANADA? Legal – searches can be conducted when there is open alcohol in the car

Search scenarios - #4 Three police officers obtain a search warrant for a house based on evidence that they believe the homeowner is dealing drugs. The warrant states that they are looking for drugs and drug related paraphernalia. The officers search a desk drawer and find a gun. LEGAL OR ILLEGAL IN CANADA? Legal – gun is drug-related

Search scenarios - #5 As a homeowner you give police the permission to search your home, but they do not have search warrant. LEGAL OR ILLEGAL IN CANADA? Legal – you can give consent

Search scenarios - #6 A police officer is in pursuit of someone on foot who is believed to have just robbed a bank. She enters the suspect’s home. While there she encounters a lot of money and weapons. The officer proceeds to search the rest of the house. LEGAL OR ILLEGAL IN CANADA? Illegal – could use money and weapons found in plain sight to obtain a search warrant for the rest of the house