Warr3nt Flashcards
(39 cards)
What section does a search warrant fall under?
S. 487cc (search warrant)
What 3 things do you require to get a search warrant?
That there are Reasonable grounds to believe:
- That in a building/receptacle or place.
- Evidence will be located
- Approval from a Justice or Judge.
What section is a general warrant? When would you use it?
S. 487.01
Used to gather further evidence in a investigation in areas where the defendant would otherwise have a right to privacy (use of camera instal, house entry for info.
What section gives you the authority to seize things not specified in the warrant?
S. 489.
Can seize items that on reasonable grounds to believe have been obtained or used in a commission of a offence or will afford evidence.
What section allows you to enter a dwelling-house to effect a arrest?
S.529.1 (feeney warrant)
Require reasonable grounds to believe the person is in the house, and there are grounds for arrest.
What section discusses a “no knock” warrant. What criteria is needed?
S.529.4
Reasonable grounds to. Believe that announcement before entry would expose the PO to imminent bodily harm or death or result in the imminent loss or imminent destruction of evidence.
What CC section discusses a “sealing order” and why is it used?
S.487.3
Sealing order is used to prevent disclosure of information that would:
- Compromise the identity of a CI
- Compromise the nature and extent of a ongoing investigation.
- Endanger a person engaged in a particular intelligence gathering technique.
Or any other sufficient reason.
During what hours would you require a “night clause” to execute a search warrant?
2100 - 0600
Night is defined in the CC as the period between 9:00 in the afternoon to 6:00 in the for noon the following day.
What section is a General warrant?
S.487.01
What does a General warrant grant you the authority to do? What section?
S.487.01 gives you the authority on RGB that a offence has or will be committed, will authorize the use of any device, investigative technique or procedure.
When/why would a general warrant be used?
Used as a intelligence/information gathering warrant where the target would otherwise have a expectation of privacy.
What are some examples of where a general warrant would be needed?
- Installing cameras to view a place where there is a sense of privacy.
- Covert entry to a residence for evidence/information gathering.
What restrictions does a general warrant have?
487.01 - You cant do anything to interfere with the bodily integrity of a person.
What section is a Tracking Warrant under?
492.1cc
What is required for a tracking warrant?
492.1cc - Reasonable grounds to SUSPECT that a offence has or will be committed and information relevant to the offence can be obtained through the use of a tracking device.
What does a tracking warrant grant authority to do?
492.1cc - A tracking warrant provides authority to install, monitor, maintain, and remove a device, the device can be installed on anything including things carried, used or worn by any person.
How does a tracking warrant differ from other warrants?
492.1- A tracking warrant requires different grounds to obtain then other warrants, A tracking warrant only requires reasonable grounds to SUSPECT that a offence is or will be committed and that the relevant evidence “ca” be obtained. This is due to a diminished expectation of privacy.
How long is a tracking warrant valid for?
492.1cc - tracking warrant is valid for a period of 60 days from approval.
In what circumstances can a tracking warrant be valid for longer then 60 days?
492.1cc - if the warrant relates to organized crime or terrorism offences the warrant is valid for a period of 1 year from issued date.
What section of the criminal code covers a preservation demand?
S.487.012
What is required to do a preservation demand?
487.012- a Preservation demand requires a police or public officer to have reasonable grounds to SUSPECT that a offence is or has been committed and the computer data is in the possession or control of a person and will assist in the investigation of the offence.
Who is required to issue a preservation demand?
487.012 - A police or public officer. No judge or justice required.
When is a preservation demand used and what does the demand do?
487.012 - The demand would be competed by a police officer to a person during the course of a investigation where it is suspected that the computer data would provide evidence into the investigation of a offence. Is only a demand to preserve the data from being lost or deleted. Is used to hold the info for the time it would take for a production order or warrant to be done.
How long is a preservation demand valid for?
487.012- demand is valid for a period of 21 days from the demand time. 90 days if is a foreign crime.
