Legal Search and Seizure Concepts

Flashcards covering key legal terms and concepts related to search and seizure.

Section 8 CCRF

Guarantees the right to be secure against unreasonable search or seizure.

Section 24 CCR

If something is found during an unlawful search, The evidence is invalid/ thrown out

Exigent Circumstances Exception

Allows searches without a warrant when urgent circumstances threaten safety.

Consent Search Exception

the consent was

1 voluntary

2 knowing

3 was informed

4 The giver was aware of the right to refuse consent

5 The giver was aware of the potential consequences of giving consent

6 The giver can change their mind at any time.

Plain View

Allows law enforcement to seize evidence of a crime without a warrant if it is clearly visible.

Search Patterns

Systematic approaches for conducting searches, including line, zone, and spiral searches.

Section 487.1 CC

Details the requirements for obtaining a telewarrant from a Justice of Peace.

3 legal Authorities to search someone

1) By Consent

2) With a Warrant

3) Search incident to arrest

prior to conducting a search or seizure an OFFICER Must ask themselves 3 questions:

1) What is the purpose of the search or seizure

2) What is my legal authority to conduct the search or seizure

3) What steps do I need to take before, during and after the search or seizure to ensure anything seized will not be excluded from trial?

Firearms and mental health

Application for Warrant to Search & Seize (Public Safety Warrant) Sec 117.04 CC

What time is civilian warrants

6:00 am to 9:00 pm

What time is Military warrants

0800 to 2200hrs

What are the four elements of a 487.1 CC - Telewarrrants:

1 reason for not appearing personally

2 statement of the indictable offence;

3 PO’s RGB items will be found at place to be searched; and

4 Any statements of prior application

Well, executing a search warrant what documentation should you have in your possession?

The original copy of the warrant

Or

Photocopy of the warrant

Search is defined as

looking for things, including, spoken words, to be used as evidence of a crime.

Seizure is defined As

the taking of a thing from a person, by a public authority, without that person’s consent.

The common law police power of search incident to arrest is limited to three purposes:

• 1. protecting police,

• 2. protecting evidence: and

• 3. discovering evidence

The following equipment can prove to be useful during a search:

Flashlight

• Mirrors

• Tools

• Search gloves

• Latex gloves

• Evidence markers/flags

3 Search Patterns

1. The line search;

2. The zone search; and

3. The spiral search

Types of Warrants

487 search warrant

487.01 General search warrant

487.02 Civilian assistance order

487.1 (1) telewarant

487.014 Normal investigator, production order

487.018 production order for financial or commercial information

DNA warrants 487.04 and 196.11 NDA

Information for warrant to take bodily substance for DNA analysis 487.05