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CRIMINAL PROCEDURE AND EVIDENCE (Crim 330)
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- Crim 330
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- Simon Fraser University (SFU )
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330 Lecture SummariesWeek 2
Warrant Authorizations, and other Orders to Search
1. A) Search Warrants – section 487 generally requires justice to issue a warrant
B) Reasonable Grounds- a standard of reasonable probability rather than proof beyond a
reasonable doubt
C) Searches of Lawyers Office- cannot make copies of material, needs to seize the
document and bring it to the custody of the sheriff
D) Search Warrants Authorized by Telewarrant
Telewarrants- when an officer believes an offence has been committed and needs a warrant, but
don’t have the time to make the application, they can call the justice of peace to make the
application
E) Searches of computers- must seize the computer during the search, and must obtain a
separate warrant if they want access to the material on the computer
2. DNA Orders and DNA Warrants
a) Primary and Secondary Designated offence
b) Obtaining samples to populate the DNA Database- court makes an order of the person
who is convicted.
c) How to Obtain and Execute a DNA Warrant – number of things an officer needs to
satisfy in order to obtain warrant. Highest expectation of privacy. Section 487.05.
d) What May be seized in execution of DNA Warrant – pluck hairs. Buccal swabs,
pricking the skin
e) How to Execute a DNA Warrant – before taking bolidy substances, an order must be
made to authorize. Section 487.07
3. Authoirzations To Intercept COmmucations
a) What is Private Communication- defined in section 187 as any oral, tele
communication
b) How to Obtain an Authoirzation to Intercept Communication – application must be
made ex parte and written to a judge off superior court, and signed by attoernoy
general of the province.
c) Granting an Authorization to Intercept Communications- can be given by judge who
fufils application requreimment. You have to show investigative necessitiy. BUT you
don’t have to if it a terrorism offence (Don’t need to show investigative necessity)
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