E. Search & Seizure/Open Disclosure

Question 1

What may local criminal courts issue search warrants for?

Answer 1

Seizure of goods

1) Direct Police to search designated premises/vehicle/person
2) For seizing designated property + delivering to court

Arrest

1) Direct Police to search designated premises
- TP’s dwelling (NOT subject to arrest warrant)
2) For arresting D subject to arrest/bench warrant

Question 2

When is ‘personal’ property subject to seizure pursuant to search warrant?

Answer 2

‘Reasonable cause’ to believe personal property is;

• Stolen
• Unlawfully possessed
• Used to commit/conceal commission of offence
• Constitutes evidence/Tends to demonstrate offence was committed

Question 3

What is the purpose of search warrants?

Answer 3

• Must direct search of designated or described place/ vehicle
• May direct search of person at/in place or vehicle

Question 4

What is required for application for search warrants?*

Answer 4

1) In writing/Orally
2) Name of court/applicant

3) Statement that there is ‘probable’ cause to believe;
- ‘Property’ may be found in designated place/vehicle/person
- ‘Person’ may be found in designated premises

4) Allegations of fact supporting statement based upon Applicant’s personal knowledge/information or belief
5) Executed within 10 days

Question 5

What is required for Undisclosed Informant’s tip to constitute probable cause for issuing search warrant?*

Answer 5

1) Reliability of source of info

2) Basis of Informant’s knowledge
- NOT just totality of circumstances (unlike Fed law)

Question 6

What is required for an emergency search with NO warrant?*

Answer 6

Police in close proximity hears victim in exigent circumstances
- Police must act quickly

NOT primarily motivated by intent to arrest and seize evidence

Question 7

What is required for search of vehicle with NO warrant?*

Answer 7

1) Police have reason to believe vehicle may contain evidence related to arrest/weapon/means of escape
2) Contemporaneous search of passenger compartment + closed containers

Question 8

What must Prosecution disclose to D/allow D to discover (with NO demand)?

Answer 8

ALL items + info re case (in P/Law Enforcement’s possession)

ALL evidence + info favourable do D
- Includes info known to Law Enforcement

(Effective 1 January 2020)

Question 9

When must Prosecution make disclosure to Defendant?

Answer 9

Within 15 days after D’s arraignment on accusatory instrument

If discoverable materials are exceptionally voluminous => Extendable up to 30 days

If discoverable materials are NOT in P’s actual possession (despite good faith efforts) => Extendable up to 30 days

Good cause => Extendable by court-ordered modifications

Question 10

What are Prosecution and Defendant’s duties after Prosecution completes discovery?

Answer 10

Prosecution

• Complete Certificate of Compliance
• Certificate must state P disclosed + made available all such known material and information ‘after exercising due diligence and making reasonable inquiries to ascertain existence of material and information subject to discovery’

Defendant

• Disclose specific info intended to be introduced at trial/hearing
• Within 30 days after service of P’s Certificate of Compliance