How Do Police Get Search Warrants?
Calgary search warrants allow a police officer or other investigator to preserve, examine, and locate evidence that may be related to a crime. Search warrants are issued both for purposes of investigation, as well as for collecting and gathering evidence that may be related to a crime.
If officers and investigators did not first obtain a search warrant, then their acts would technically constitute trespass. If your residence or vehicle is the subject of a search warrant, the lawyers at Bourdon Defence may be able to help. Our experienced legal team can investigate the circumstances surrounding your charge and may be able to challenge the legitimacy of a search warrant.
For police to obtain a search warrant, they must meet the requisite legal standard. Basically, this means the following:
- That the police or investigators believe that a crime has been committed, pursuant to the Canada Criminal Code
- That the police or investigators believe that evidence of the crime is reasonably likely to be found at the place of the search
The legal grounds must amount to more than “mere suspicion” that a crime has occurred and should be based upon a standard of “reasonable probability,” considering all of the circumstances known at that time. In addition, a court may take a police officer’s knowledge, training, and experience into account when issuing a search warrant.
Procedure for Obtaining a Search Warrant
In order to obtain a search warrant, an investigator must first complete an application. The first part of a search warrant application is called an “Information to Obtain” (ITO). An ITO includes a statement under oath (or informant affidavit) that details all of the facts serving as a basis for issuing the search warrant. These facts may be either first-hand or second-hand. A search warrant application also typically includes a draft warrant. Once the application is complete, police officers can present it to a judge or justice of the peace. A search warrant application is an ex parte motion, meaning that the defendant does not receive notification of the application until after the court issues the warrant.
Talk to a Criminal Defence Lawyer in Calgary Today to Discuss Your Case
If you have sustained a criminal charge in Calgary, you may be able to challenge the validity of a search warrant. For example, you may be able to allege that the police or other investigators did not have the necessary probable cause or that the court issued the warrant in error. Criminal convictions can have very serious consequences. A criminal conviction can land you in jail and/or result in high monetary fines. The Bourdon Defence legal team collectively has many years of experience defending clients in criminal cases. In addition to challenging the validity of a search warrant, our lawyers can argue for a favourable plea deal or a charge dismissal. To schedule a free consultation and case evaluation with a Calgary criminal defence lawyer, please call us today at (403) 474-4143, or contact us online.