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G'n'G > Warr3nt > Flashcards

Warr3nt Flashcards

1
Q

What section does a search warrant fall under?

A

S. 487cc (search warrant)

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2
Q

What 3 things do you require to get a search warrant?

A

That there are Reasonable grounds to believe:

  • That in a building/receptacle or place.
  • Evidence will be located
  • Approval from a Justice or Judge.
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3
Q

What section is a general warrant? When would you use it?

A

S. 487.01

Used to gather further evidence in a investigation in areas where the defendant would otherwise have a right to privacy (use of camera instal, house entry for info.

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4
Q

What section gives you the authority to seize things not specified in the warrant?

A

S. 489.

Can seize items that on reasonable grounds to believe have been obtained or used in a commission of a offence or will afford evidence.

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5
Q

What section allows you to enter a dwelling-house to effect a arrest?

A

S.529.1 (feeney warrant)

Require reasonable grounds to believe the person is in the house, and there are grounds for arrest.

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6
Q

What section discusses a “no knock” warrant. What criteria is needed?

A

S.529.4

Reasonable grounds to. Believe that announcement before entry would expose the PO to imminent bodily harm or death or result in the imminent loss or imminent destruction of evidence.

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7
Q

What CC section discusses a “sealing order” and why is it used?

A

S.487.3

Sealing order is used to prevent disclosure of information that would:

  • Compromise the identity of a CI
  • Compromise the nature and extent of a ongoing investigation.
  • Endanger a person engaged in a particular intelligence gathering technique.

Or any other sufficient reason.

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8
Q

During what hours would you require a “night clause” to execute a search warrant?

A

2100 - 0600

Night is defined in the CC as the period between 9:00 in the afternoon to 6:00 in the for noon the following day.

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9
Q

What section is a General warrant?

A

S.487.01

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10
Q

What does a General warrant grant you the authority to do? What section?

A

S.487.01 gives you the authority on RGB that a offence has or will be committed, will authorize the use of any device, investigative technique or procedure.

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11
Q

When/why would a general warrant be used?

A

Used as a intelligence/information gathering warrant where the target would otherwise have a expectation of privacy.

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12
Q

What are some examples of where a general warrant would be needed?

A
  • Installing cameras to view a place where there is a sense of privacy.
  • Covert entry to a residence for evidence/information gathering.
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13
Q

What restrictions does a general warrant have?

A

487.01 - You cant do anything to interfere with the bodily integrity of a person.

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14
Q

What section is a Tracking Warrant under?

A

492.1cc

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15
Q

What is required for a tracking warrant?

A

492.1cc - Reasonable grounds to SUSPECT that a offence has or will be committed and information relevant to the offence can be obtained through the use of a tracking device.

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16
Q

What does a tracking warrant grant authority to do?

A

492.1cc - A tracking warrant provides authority to install, monitor, maintain, and remove a device, the device can be installed on anything including things carried, used or worn by any person.

17
Q

How does a tracking warrant differ from other warrants?

A

492.1- A tracking warrant requires different grounds to obtain then other warrants, A tracking warrant only requires reasonable grounds to SUSPECT that a offence is or will be committed and that the relevant evidence “ca” be obtained. This is due to a diminished expectation of privacy.

18
Q

How long is a tracking warrant valid for?

A

492.1cc - tracking warrant is valid for a period of 60 days from approval.

19
Q

In what circumstances can a tracking warrant be valid for longer then 60 days?

A

492.1cc - if the warrant relates to organized crime or terrorism offences the warrant is valid for a period of 1 year from issued date.

20
Q

What section of the criminal code covers a preservation demand?

A

S.487.012

21
Q

What is required to do a preservation demand?

A

487.012- a Preservation demand requires a police or public officer to have reasonable grounds to SUSPECT that a offence is or has been committed and the computer data is in the possession or control of a person and will assist in the investigation of the offence.

22
Q

Who is required to issue a preservation demand?

A

487.012 - A police or public officer. No judge or justice required.

23
Q

When is a preservation demand used and what does the demand do?

A

487.012 - The demand would be competed by a police officer to a person during the course of a investigation where it is suspected that the computer data would provide evidence into the investigation of a offence. Is only a demand to preserve the data from being lost or deleted. Is used to hold the info for the time it would take for a production order or warrant to be done.

24
Q

How long is a preservation demand valid for?

A

487.012- demand is valid for a period of 21 days from the demand time. 90 days if is a foreign crime.

25
Q

How many times can you make a preservation demand?

A

487.012 - demand can be made only once for the same data.

26
Q

Who cant you issues a preservation demand, preservation order or a production order to?

A

The person under investigation of the offence.

27
Q

What CC section is a preservation order?

A

S.487.013

28
Q

What is required for to obtain a preservation order?

A
  1. 013 - Requires a justice to be satisfied that there are reasonable grounds to suspect that a offence is or has been committed and the data is in the persons possession or control which will assist in the investigation of the offence.
    - Also requires the police officer to intend or have applied for a production order or warrant to obtain the info.
29
Q

How long is a preservation order valid for?

A

487.013 - A preservation order is valid for a period of 90 days after the date it is made.

30
Q

Who can issue a preservation order?

A

487.013 - A justice or judge.

31
Q

What section of the cc deals with Production orders?

A

s487.014

32
Q

What is required for a production order?

A

487.014- Requires a justice to be satisfied that there are reasonable grounds to believe that a offence has been committed, the data is in the persons possession or control and will afford evidence to the offence.

33
Q

What does a production order do?

A

487.014 - A production order, orders a person to produce a document that is a copy of a document in their possession or control, or to prepare and produce the document in their possession or control at that time.

34
Q

What section deals with a drug search warrant?

A

s.11 CDSA

35
Q

What is required for a CDSA search warrant?

A

S.11 CDSA - Requires a justice to be satisfied on RGB that there is a controlled substance or precursor in contravention of this act(offence has/is being made). That any controlled substance/precursor or offence related property is contained or concealed in a place may afford evidence to offence.

36
Q

What does a CDSA warrant grant you authority to do?

A

s.11 CDSA - grants authority to search a place for any controlled substance, precursor, property or thing and seize it.

37
Q

Can you search anyone found in a place that a CDSA warrant is being executed at?

A

S.11 CDSA - Providing you have RGB that anyone in the place that the warrant is for has on their person anything outlined in the warrant a police officer may search and seize.

38
Q

Can you seize items not specified in a CDSA warrant?

A

S.11 CDSA - A police officer may seize anything outside that specified in the warrant in the following circumstances;

  • any controlled substance/precursor with RGB is in controvention of the law.
  • Anything that the officer has RGB contains or conceal a controlled substance
  • Anything that on RGB is offence related property
  • Anything RGB will afford evidence to the charge.
39
Q

What section deals with a public interest warrant?

A

S.512 used when there are reasonable grounds to believe the arrest of a individual is necessary in the publics interest

G'n'G (5 decks)

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