NCJ Number
95476
Date Published
1983
Length
357 pages
Annotation
All police powers of search and seizure in Canadian criminal law enforcement should be organized and governed within a single, comprehensive regime. Implementation of this proposal would eliminate the present proliferation of criminal search and seizure powers.
Abstract
Search with a warrant should be the rule, while search without a warrant should be the exception. Search without a warrant should be permissible only where incidental to arrest, where the delay necessary to obtain a warrant would result in danger to human life or safety, or with consent. Writs of assitance should be abolished. Provision should be made for telewarrants -- search warrants issued by telephone or other means of telecommunication. Strip searches and probes of body cavities should be permissible only by a warrant; they should be performed by a qualified medical practitioner and conducted in circumstances respectful of the privacy of the person being examined. No surreptitious entry, search, or seizure upon private premises should be allowed. Search warrants should expire within 8 days of issuance. The plain view doctrine should be introduced: if police officers are engaged in a lawful search or otherwise lawfully situated, they can seize takings, evidence, or contraband without a warrant. Endnotes are provided.