Lecture 13

Question 1

what time of day can a CDA search warrant allow officer enter a residents

Answer 1

anytime of the day no restrictions - F/A act is day time only

Question 2

are there tele warrant under the CDA?

Answer 2

yes and can be found under S.487.1

Question 3

can police in Ontario issue a warrant for some one in Alberta?

Answer 3

yes may issue for another province S.11(3)

Question 4

True or False s.11 (5) allows officers to search of persons found on the premises in which they have a search warrant on R.G to search

Answer 4

True

Question 5

when searching a premise can you seize things not specified in the warrant

Answer 5

yes can seize Items mentioned in warrant and
Any other controlled substance/precursor
Anything that the peace officer believes on R.G to:
Contain or conceals, Is offence related property, Afford evidence of CDA offence

Question 6

under S.11(8) seizure of additional things

police may Seize anything having been obtained……..

Answer 6

by or used in the commission of an offence or afford evidence of an offence

Question 7

you may search without a warrant if

Answer 7

exigent circumstances exist and also if it moves like a car can also be exigent circumstance

Question 8

places are categorized as?

Answer 8

Fixed or stationary - dwelling-house, store/business, premise, locker, office, bar, school, garage, perimeter of a house, garden
Moving or mobile- motor vehicle, water, vessel, aircraft

Question 9

to search a fixed or stationary place without a warrant you need

Answer 9

exigent circumstances

Question 10

a ___ ________ may also constitute as exigent circumstances

Answer 10

fast moving

Question 11

plain view doctrine is

Answer 11

In plain view Cannot search Ex. pull someone over and drugs sitting on passanger seat

Question 12

under plain view doctrine an officer has the power to seize without a warrant

Answer 12

True

Question 13

true or false and officer can request as much assistance as necessary and use as much force as necessary for section 11

Answer 13

True

Question 14

after completing a search warrant/ warrant-less/ consent search reporting _____ _____ ______ _______to the justice is mandatory

Answer 14

Place searched
Item(s) seized
Place of detention
File with justice who issued / would have issued

Question 15

does everyone have the right against unreasonable seach and seizure?

Answer 15

yes

Question 16

what are the three categories of search

Answer 16

warrant
warrant less
consent

Question 17

finished off at search authority

Answer 17

continue here