Post Search Process Flashcards
Occasionally, the execution of search warrants or use of other statutory powers result in damage to property, usually as a result of the need to force entry into a privately owned building or space. Explain the difference between the execution of a search warrant and statutory power, IS justified and IS NOT justified by the outcome of the execution.
- Is justified by the outcome of the execution, and the resulting of loss and damage is suffered by the subject of the search process, compensation will seldom be paid. I.e., Cannabis located, and the owner was cultivating and knew he was cultivating cannabis.
- Is not justified by the outcome of the execution, but the GROUNDS for the execution were SOUND, compensation is unlikely to be paid. However, any related claims will be considered case by case basis. I.e., Occupants believed to be selling meth, but no meth was located. The GROUNDS for the search warrant included credible and corroborated information from more than one informant.
– In regard to damages caused to rental properties and the procedures of police, who is responsible for damages to property as the result of force entry when executing a search warrant or statutory power?
– Landlords and those who have boarders living in a property belonging to them, will generally carry the risk in respect to illegal activity taking place on the property. Where are search warrant or use of statutory power IS JUSTIFIED by the outcome of its execution, or THE GROUNDS for execution were SOUND, compensation for justifiable damage will not generally be available. Owner building insurance may cover repairs.
– Explain “Unreasonable searches or unjustifiable searches”
The method of entry and the manner in which the search is conducted must be reasonable in all circumstances. In cases where unjustifiable damage is caused in the execution of a search warrant or statutory power, compensation may be available in respect of any claim. I.e., breaking down a door that was unlocked.
Explain “Mistakes when search warrants or powers are executed
– In cases where a mistake is made in the execution of a search warrant or statutory power, for example, where a search warrant is executed at a wrong address, compensation is likely to be available in respect to any claim
In respect to Section 14 (Warrantless entry to prevent offence or respond to risk of life or safety) of the search and surveillance act, who is responsible for damages and loss occurred at the property the statutory power was evoked?
Compensation will seldom be paid for any damage incurred in forcing entry. The responsibility of repairs lies with the owner or occupier. Again, owner building insurance may cover any repairs.
