1. Presented by: Kurt, Kyle, Mashal, Mickael, Iyyob & Will
Searches & Warrants
Presented by: Kurt, Kyle, Mashal, Mickael, Iyyob & Will

2. Vocabulary
Cursory Search: a “pat down” search, conducted on an individual, usually just after an arrest
Facsimile warrant: a hard copy, written or printed
Trafficking: to deal, sell or trade something illegal
Narcotic: a drug or substance that alters one’s mood or behavior, sold for non medical purposes
Search: to examine another’s premises
Search Warrant: a court document that allows police to search a specific location (residence, office, storage area, etc.)
Telewarrant: a search warrant obtained by phone or fax

3. Searching a Person
Police do not require a warrant upon searching someone they have just arrested
According to the SCC, police must fulfil the following 3 conditions for the search to be lawful:
Arrest must be legal (justified)
Search must be done in a reasonable manner
Search must be connected to arrest
For offences such as murder or sexual assault, police may obtain a warrant to force one to provide DNA for DNA profiling.
Police will do a “pat down” search to ensure there are no concealed weapons immediately after arrest.
A more thorough search can take place at the police station.
Strip searches has become fairly common in Canada, so the SCC has placed limits on when and how they can be conducted

4. Searching a Place Obtaining a Warrant
Before police can search places, they require a warrant.
The warrant must be:
Correctly obtained
Properly Filled out
Obtaining a Warrant
To obtain a warrant, the police must
Deliver sworn information to a judge or justice of the peace
Information Specifies
Crime
Items
Grounds

5. Conducting the Search The warrant specifies that the search
Must be on a specific day &
Must take place during daylight hours (6:00am – 9:00pm)
Before starting the search, Police must:
Identify themselves
Show warrant to occupant(s)
Police can confiscate items not listed as long as they are:
Related to the crime
In plain sight

6. Evidence
Police can confiscate items not listed in warrant as long as they relate to the crime, however;
Of the items confiscated during a search, any that are not evidence must be returned to the owner within three months
Any evidence to be used during trial will be kept by police

7. Exceptions There are some exceptions to the need for a warrant…
Police do not require a warrant when there is imminent injury or death to any person
A warrant is also not required when there is imminent destruction of evidence
Under drugs and substances act, police only require a warrant to search a residence for drugs, not other places
Police are also allowed to search automobiles for illegal alcohol

8. The case Study: Issues Facts: Police looking for illegal drug activity
Set up observation post across from a shop
Police watch Golden selling white powder (cocaine)
Arrest Golden
Strip search after Golden resists
Find 10 grams of cocaine concealed in Golden’s underwear
Issues
Police have power to search suspects after arrests, however…
Does this allow them to strip search suspects?

9. Decision
In a decision of 5 to 4 the Supreme Court of Canada acquitted golden of the charges.
The Supreme Court of Canada ruled that the strip search was not conducted in a "reasonable fashion."
The court found that the police have the power to strip search someone just arrested but is subject to strict limitations.
Strip searches cannot be done with the purpose of punishing the accused.

10. Significance:
Strip searches are "inherently humiliating and degrading"
The court ruled that strip searches cannot be "carried out as a matter of routine police department policy applicable to all arrestees.“
The court urged parliament to pass legislation pertaining to strip searches.
Strip searches should only be conducted when:
The police have reason to believe the accused is concealing a weapon, drugs or other evidence;
The search is authorized by a senior officer;
The search is done by an officer of the same sex; and
Searches of body cavities are done by medical personnel.
-Searches should be conducted at the police station, not the field except in pressing circumstances.