Fed Law - Feeney Warrant

Question 1

Feeney Warrant

FORM 7, FORM 7.1

Answer 1

Authorization to enter a dwelling house to arrest

Question 2

Exigent Circumstances

Answer 2

• RG to suspect entry necessary to prevent IBH or death
• RG to believe that evidence related to indictable offence is present and entry necessary to prevent loss or destruction of said evidence

Question 3

Entry/Arrest Warrant

s. 529 C.C.

Answer 3

• Allows PO to enter dwelling for purpose of affecting an arrest or apprehension, entry is conditional on PO having, immediately before entering, RG to believe the person is inside the dwelling

Question 4

Entry Warrant

s. 529.1 C.C.

Answer 4

• Authority to arrest already exists and there is no need to obtain arrest warrant
• RG to believe person will be there AND there is a valid warrant in Canada for arrest, under s. 495 (1) C.C. or under authority other than the code

Question 5

Exigent Circumstances
s. 529.3(1)
Entry into Dwelling House without Warrant

Answer 5

PO must have RG to believe:
- person is present in dwelling house
AND
conditions for obtaining warrant under s. 529.1 exist BUT by reason of exigent circumstances, it would be impracticable to obtain warrant

Question 6

s. 529.3(2) Exigent Circumstances - Dwelling House

Answer 6

PO has RG to suspect that entry is necessary to prevent IBH or death
OR
RG to believe that entry is necessary to prevent the imminent loss/destruction of evidence relating to an indictable offence

Question 7

R v. Godoy (911 Call)

Answer 7

PO are justified in entering dwelling without warrant to protect life and prevent serious injury of the 911 caller

Question 8

Reasonable Terms and Conditions

s. 529.2

Answer 8

Judge or JP shall include any terms and conditions in a warrant under 529 or 529.1 to ensure entry into the dwelling house is reasonable in the circumstances

Question 9

Common Law Authority to Enter

Answer 9

• R v. Godoy - 911 call

- common law only deals with the protection of life and safety, no further authority to search premise

Question 10

Omitting Announcement before Entry

s. 529.4(1)

Answer 10

Judge or JP may authorize PO to enter without prior knowledge if there are RG to believe that prior announcement would:
- expose PO to IBH or death
OR
- result in imminent loss or imminent destruction of evidence

Question 11

Fresh/Hot Pursuit

Answer 11

Continuous pursuit conducted with reasonable diligence, so that pursuit and capture may be considered part of a single transaction
- ends when accused is no longer escaping and no longer freshly pursued