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In the general context of the question, the answer is yes, however consult a Lawyer for specifics to your case.
Basically, what makes a search legal in Canada is the existence of Probable Cause to believe either that a crime is in progress or that the search will turn up evidence pertinent to an investigation. There are occasions when probable cause can be deemed to exist, allowing a police officer to search a person, item or premises without a warrant, and there are occasions when an officer requires either consent or a warrant to search.
Examples where police do not require a search warrant:
-The police are looking for a missing woman and knock on your door as part of a neighborhood canvass. Visible over your shoulder, lying on the floor, is a woman.
-During a traffic stop, a strong odor of marijuana is wafting from your car
-A fleeing suspect runs into a home
-There is an immediate danger to life or property if they are not permitted to conduct the search (such as a house on fire).
Notes:
-Unrelated evidence turned up while conducting a legal search is admissible. For example, if the police enter that home on fire looking for victims and find your grow-op, that evidence is admissible.
-A mere refusal to consent to a search cannot be used to help establish probable cause. For example, if a police officer asks you to if he may look in your trunk, saying "no" does not, as a matter of law, give him probable cause to suspect you're hiding something. Without other grounds, he cannot search the trunk.
Wiki User
∙ 15y ago
Wiki User
∙ 12y agoSec 2 of the CC of C states that day time is between 6 am and 9 pm. Sec 488 states that a warrant issued under Sec 487 or 487.1 should be excuted by day.
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Can police intervene in animal cruelty or hoarding cases?
Generally police can respond to a complaint and investigate its validity. If they find reasonable cause they may investigate further. But they may not enter a premises without the consent of the owner or without a search warrant. Having found reasonable cause they may request a search warrant. If they get it, then they may "intervene." But this scenario is based on the assumption that police follow every step of due process. That isn't always the case. And often suspects don't know their rights. So unwittingly suspects may give police more information than they need to.
Where in Canada can one find a post code finder?
Canada post has a web site that will allow you to search that based on the address By the way in Canada its called a Postal code and you need to search on the Canada post web site for that.
Can a minor be frisked by the police?
Yes, absolutely If anything, maybe easier than searching an adult. ^ the answer above is incorrect. I am 17 years old and I put an officer under citizens arrest for conspiracy of the fourth amendment. They are unable to search you unless they have parental consent. Since I am 17, I have constitutional rights, they are unable to search without a search warrant, which goes for vehicles, houses and your pants. This violates the fourth amendment which, therefor is an arrestable offense. If you are 18 years or older, they need your consent, you say I kindly decline your offer, I am leaving the scene, am I being detained? If you're arrested when your court date comes, you say your honor I would like to address the court, is there any other police officers here, then you tell them I am placing officer so and so under arrest for violation of my constitutional rights. amendment 4, brush up on your state laws of search and seizure and will give you the state code for it. In Illinois the code is 108-1
Who was the first boy born on January 1 1999 in Victoria BC Canada?
The answer can be found at timescolonist.com a local Victoria paper but I believe you need a subscription to search their archives.
Do you need a pass port to fly Canada to Canada?
yes you do even if you drive to Canada you will still need a passport. :D
Do police need a search warrant in UK?
Yes all police officers need a search warrany in the UK
Do police need a warrant to search your locked roof-mounted cargo box?
Yes, the police do need a warrant to search your locked roof mounted cargo box.
What do the police need to have in order to get a search warrant?
Probable cause.
What does law enforcement need to obtain a search warrant?
They must provide a judge with probable cause to do a search.
Do the police need a warrant to search Facebook?
A warrant may be necessary for the police to search the server that Facebook is running on. It is also possible that FB may choose to allow the search without a warrant. If the 'search' is simply examining publicly available information on any web page, no. A warrant would not be necessary.
Can police get keys from landlord for a search warrant?
Yes. The occupant/resident need not be present at the time the warrant is executed.
If you are on informal probation do the police need a search warrant to search your house?
yes they have to have a paper signed by a judge
Do the police always need a search warrant to conduct a legal search according to the Fourth Amendment?
Yea
Is it a violation of the fourth amendment If police said they have a search warrant and proceed to search the premise take items but do not show proof of the warrant when leaving?
no they do not have to show you all they need is the search warrant. But what you should have done is to see the warrant. Sorry
What does the fourth amendment require if a police officer request to search a person?
they need a warrant
Do the police need a search warrant to arrest a wanted felon who is inside of a third party's house?
Yes. Depends upon the circumstances, for example, if the individual entered the residence to avoid apprehension and the police witnessed the act then they do not need a search warrant.
If the police broke into a person and home illegally to look for evidence that could be?
To come into a home the police need a search warrant to search. Without the warrant the evidence is not admissible in court. It would be an illegal search.
