Judicial Authorization 4

Question 1

WHAT IS A JUDICIAL AUTHORIZATION?

Answer 1

warrant or order is obtained, a justice has essentially authorized an intrusion into a
“protected area”;

Question 2

SEARCH AND SEIZURE DECISION PROCESS

Answer 2

Step1
Determine the offence

Step 2
Identify the evidence

Step 3
Determine the legal authority.

Question 3

WHERE SEARCH WARRANTS SHOULD BE CONSIDERED

Answer 3

An investigator must be mindful of the totality of the circumstances surrounding a search.
The decision to obtain a warrant should be made where:
* No exigency to the search (no requirement to protect evidence or safety)
* Warrantless search is not authorized by statute or common law
* A seized item of property requires additional forensic examination
* When something that is closed from plain view must be opened
* When something that is hidden must be exposed

Question 4

WHERE SEARCH WARRANTS ARE NOT NECESSARY

Answer 4

Specific authority for search without warrant exists at common law or in a statute.
OR
S 487.11 CC- Exigent Circumstances.

Question 5

SEARCH WARRANT – S. 487 CC

Answer 5

Most common warrant used in criminal investigations.
May be granted by a “Justice” as defined in Section 2 of the
Criminal Code:
Authorizes a search of a place not a person.
Authorizes search for specific items and may describe a time frame when the warrant is valid.
Applicable to impaired driving investigation in seizure of medical blood samples.

Question 6

Reasonable probable grounds to believe for Search Warrant

Answer 6

• An offence has been committed
• Sought item(s) would afford evidence of that offence
• The items will be found in the location to be searched

Question 7

PRODUCTION ORDER – S. 487.011 CC

Answer 7

A judicial authorization that compels a person or an organization to disclose documents
and records to an authorized peace officer.

Question 8

ENTER DWELLING HOUSE TO EFFECT ARREST

Answer 8

S 529.3 CC

Reasonable grounds to believe the following:
Entry is necessary to prevent imminent bodily harm or death, or

Entry is necessary to prevent imminent loss or destruction of evidence of and indictable (or hybrid) offence

Question 9

R. v. Macooh

Answer 9

“Fresh pursuit” of an offender.
Includes summary offences.

Question 10

Entry With Warrant to Dwelling House to Effect Arrest

Answer 10

“Feeney Warrant”
Form 7.1 authorizing a peace officer to enter a dwelling-house.

Question 11

TELEWARRANT – S. 487.1 CC

Answer 11

a WARRANT THAT is applied for by the means of telecommunication that produces a writing.

Indictable/hybrid only.

PO Not required to go in person.

Question 12

ITO JUDICIAL AUTHORIZATION

Answer 12

“Information to Obtain” (ITO). The officer who submits the ITO to a justice
is commonly referred to as the “affiant” or the “informant.

Form 1, Part XXVIII of the CC.
Form 5.004

Question 13

BASIC ELEMENTS OF ITO

Answer 13

Grounds must be specific.
Evidence within ITO must permit the officer to form reasonable belief for:
Existence of the item
Location of the item
The offence alleged has been committed
The items sought afford evidence.

Question 14

ITO STRUCTURE

Answer 14

1. Introduction
   o Identify the affiant
   o State personal belief that all information contained is accurate and true
2. Description of Offence
   Lists the alleged offences The grounds leading to the charges.
3. Description of Items
   Specifies items you will be searching for.
   The grounds why you believe those
4. Description of Place
   The “building, receptacle or place” to be searched.
   Exact address of the location

5.Overview of the Investigation
A concise synopsis that will give the issuing justice an understanding of the
investigation and the need for the warrant or order.

6. Grounds for Belief
   The ITO must contain sufficient information to allow a justice to be satisfied that:
   o An offence has been committed.
   o Sought items will afford evidence of that offence.
   o The items are in/at the place to be searched
7. Summary
   The final section of the ITO
   o Sums up your information
   o Summarizes the link between the offence, the place and the things
8. Terms and Conditions
   This section dictates the manner in which evidence can be gathered.

Question 15

SEALING ORDER

Answer 15

A court order prohibiting public access to the Section 487.3 of the Criminal Code.

Should be considered when disclosure of the information would
* Compromise the identity of a human source
* Compromise the nature and extent of an ongoing investigation
* Endanger a person engaged in particular intelligence-gathering techniques, and thereby
prejudice future investigations where similar techniques are used
* Prejudice the interest of an innocent person
* Be necessary for any other sufficient reason

Question 16

COMMON ERRORS for Judicial Authorizations

Answer 16

• Omissions, Mischaracterizations, Material Non-Disclosure

o It is improper for the warrant to contain incomplete, misleading or
misrepresented information

• Nexus Between Evidence and Premises
  o the informant must pledge that the items not simply “could” be found but
  “would” be found at the location
• Overbroad Authority
  o The warrant must not be overly broad
  o Targets of the search must be specific, not vague

Question 17

CONSIDERATIONS FOR WARRANT EXECUTION

Answer 17

Search must be conducted in a reasonable manner.
MUST have and leave a copy of the warrant in accordance with Section 29 of the Criminal Code.
May only be executed by day (6:00 AM – 9:00 PM) unless otherwise specified.
Pain-view doctrine applies.
Form 5.1 Notice – Execution
of Search Warrant must be completed.
Submit Form 5.2 for items seized.

Question 18

`Report to justice form

Answer 18

Form 5.2
When seizing an item for evidentiary purposes with or without warrant, it is important to know if an individual owns the item or if it is Crown property.

Question 19

1. What section of the Criminal Code authorizes a peace officer to seize any item they believe will
   afford evidence in respect of an offence under investigation? _______________________________

Answer 19

s489 CC

Question 20

2. What are the three steps in the search and seizure decision process?
   a) ________________________________________
   b) ________________________________________
   c) ________________________________________

Answer 20

Step1
Determine the offence

Step 2
Identify the evidence

Step 3
Determine the legal authority.

Question 21

3. In what two situations is a search warrant not necessary?
   a) ________________________________________
   b) ________________________________________

Answer 21

Specific authority for search without warrant exists at common law or in a statute.
OR
S 487.11 CC- Exigent Circumstances.

Question 22

4) What type of Judicial Authorization allows an investigator to obtain documents and records?
__________________________________________________

Answer 22

Production Order

Question 23

5) What three grounds must an affiant establish in applying for a search warrant?
a) _______________________________________
b) _______________________________________
c) _______________________________________

Answer 23

• An offence has been committed
• Sought item(s) would afford evidence of that offence
• The items will be found in the location to be searched

Question 24

6) What section of the Criminal Code and what piece of case law authorize warrantless entry to a
dwelling house for the purpose of making an arrest?
a) ______________________________________
b) ______________________________________

Answer 24

S 529.3 CC

R. v. Macooh

Question 25

7) What are the two means for a Telewarrant using a telecommunication that produces a writing? a) ______________________________________ b) ______________________________________ _

Answer 25

Email Fax

Question 26

8) What two documents must be prepared and submitted when applying for a judicial authorization? a) ________________________________________ b) ________________________________________

Answer 26

Information to obtain Draft Warrant

Question 27

9) What are the four basic elements of an “Information to Obtain”, on which an investigator must establish a belief on reasonable grounds? a) ________________________________________ b) ________________________________________ c) ________________________________________ d) ________________________________________

Answer 27

Existence of the item. Location of the item. The alleged offence has been committed; T he item sought will afford evidence

Question 28

10) What form must be submitted to the court when items are seized as evidence? ____________________________________________________________________

Answer 28

5.2

Question 29

11) Define “Judicial Authorization”: _____________________________________________________________________________________ ____________________________________________________________________________________

Answer 29

Broad category of court orders that grant the authority to search for and/or seize specific items or information