Search Warrants

What constitutes a search warrant?

A search warrant authorizes law enforcement officials to enter a particular location in pursuit of evidence during the course of an investigation. The majority of such warrants are issued under section 487 of the Criminal Code with judicial authorization. There are many other laws at the federal level, such as the Canada Evidence Act and the Controlled Drugs and Substances Act, and at the provincial level, such as the Provincial Offences Act and the Community Safety and Policing Act, authorizing law enforcement officials to obtain a search warrant with judicial approval.

What are the different types of search warrants?

General search warrants

As mentioned earlier, these are issued under section 487 of the Criminal Code as part of a criminal investigation to gather evidence about an alleged offence. However, such warrants are generally limited to physical objects and documents only.

Interception or wiretap warrants

The law enforcement officials require judicial authorization to intercept the communications of the accused, such as telephone calls, emails, and text messages.

Computer or digital devices warrant

These search warrants, as the name suggests, are issued to authorize law enforcement officials to conduct searches on mobile phones, computers, memory storage units, and other digital devices, as mentioned in the search warrant.

DNA warrants

In certain cases, it will be necessary for the police to obtain the DNA samples, such as blood, hair, or saliva, of the accused to conduct forensic DNA analysis. A warrant will be issued specifically for this purpose in the interest of justice.

Production warrants

In some cases, rather than searching the property, a production warrant may be issued to a person or a company to produce the required evidence in their possession to aid the investigation. Such warrants are often issued to telecommunication companies to obtain call records or text messages of the accused person.

Controlled Drugs and Substances Act (CDSA) warrant

While similar to a general search warrant, these are issued specifically under the provisions of the Controlled Drugs and Substances Act, authorizing the police to search and seize those controlled substances mentioned under various schedules in the Act.

Proceeds of Crime warrants

Such warrants are issued authorizing the law enforcement officials to search and identify all the property accumulated by the accused from the alleged offence under investigation.  Such proceeds from the crime will be identified and seized as part of the investigation.

How can our criminal defence lawyer help you?

If there are charges levelled against you, then the evidence from the search could be used against you in court. This is why it is important for you to consult a criminal lawyer as soon as possible in such cases. A criminal lawyer can help you in the following manner.

Confirming the validity of the search warrant

An experienced criminal lawyer can assist you in checking the validity of the search warrant. For example, if there is an error in your address mentioned in the search warrant, then the warrant is not legally valid.

Protecting your Charter Rights

Your lawyer will monitor the legal procedures followed by the officials during the execution of the search warrant on your property. If there is any violation of your Charter Rights during the process, such a search will be deemed illegal, and all the seized evidence may be disqualified from the trial proceedings.

Safeguarding your property not covered by the warrant

Your lawyer will also guide you in understanding the full scope of the search warrant and help you safeguard those items not covered by the warrant. For example, a general search warrant does not authorize the officials to search your computer or other digital devices.

Legal advice and representation

If you are convinced that the search was illegal, your lawyer will advise on your next course of action, including challenging the validity of the search in court.