Do police need a search warrant in Canada?
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.
What were general search warrants which authorized british officials to shearch colonists homes
i believe what your looking for is, the writs of assistance.
As above, it is indeed the Writ of Assistance. It is in effect a 'goods chaser' as it only entiles officers (Customs officers) to search for goods and not say, documentary evidence (although obviously any smuggled goods found will end up being 'evidence'). It is supposedly much envied by the police and also much misunderstood - it can certainly not be used at will for any purpose and can only be authorised in very specific circumstances.
Each Writ is actually an old 'parchment' style document in olde worlde language that is signed by a representative of the monarch (usually a Customs Commissioner I think) in the year of the monarchs accession.
Which countries were fighting in the Vietnam war?
If referring to the Vietnam War then the answer is September 26th 1959. That is the start date of the war anyway. There had been unrest and civil wars since far earlier however with the background leading to the Vietnam war begining in the 1940s.
What are elements of a plain view exception to the warrant requirement?
To see something in plain view that could or is related to a crime such as clip gun or any weapons of such.
What is the abbreviation for warrant officer?
A generic abbreviation for Warrant Officer is WO. However, the abbreviation usually directly relates to the appropriate rank. The ranks are W1=WO1, W2=CW2, W3=CW3, W4=CW4, and W5=CW5. CW stands for Chief Warrant Officer.
What is the purpose of a search warrant?
Only the police can apply for a search warrant, and only a judge can approve of the search warrant. The police only apply for search warrants when they have reasonable suspicion that their suspect is hiding something illegal in his/her house.
Police don't need a search warrant to seize evidence when?
Most people believe that the police need a warrant to collect anything anywhere. But as long as the police officer has proable cause or a suspect gives consent to get a possible piece of evidence; they can collect anything. Another case is when there is an obvious, severe action being done.
Otherwise, the police must always get a warrant from a judge to search or collect anything.
Process to obtaining a search warrant?
Prepare an affidavit , setting forth all the evidence and knowledge you have of premises and the offense/violation of the law known (or suspected) to be occurring there. Present the affidavit to a judge or magistrate, swearing to the truhfulness of the information contained in it. The judge will peruse it to be certain that it contains all the requirements of the law, and then signs it. Upon the judge's signature, the affidavit becomes a warrant and may be served.
If you have outstanding traffic tickets can you join the military?
It is advised that you take care of all traffic tickets before you enlist in the military. While you can technically enlist without taking care of the tickets, you can be discharged for fraudulent enlistment if the military does find out.
Is a Treasury Warrant a negotiable instrument?
There are certain documents of title with limited negotiability which are also widely used in commercial transactions but have been held to be non-negotiable because they do not have the requisites that are essential under the Negotiable Instruments Law. They are beyond the scope of the Negotiable Instruments Law and are, therefore, governed by other laws. Among such documents are the following: Letter of credit, Treasury warrant, Postal money order, Bill of Lading, Certificate of Stock, and Warehouse receipt.
Do you salute chief warrant officers?
It depends which armed forces you are a member of.
Generally you do not salute warrant officers. Salutes are reserved for commissioned officers.
A commission is only granted by the head of state. Such commissioned officers grant warrants, hence the name.
Countries have different rules regarding warrants and warrant officers. Some you salute, depending on rank and other criteria.
Probably not. If the police are actively investigating a complaint (noise complaint) then they are likely within their rights to enter the premise where the violation is occurring.
Are Police report errors where search and arrest of vehicle and person grounds for dismissal?
Your question is entirely too general to be answered in this forum. You should contact a local attorney who is familiar with the local courts and judges; and with whom you can discuss the particulars of the case.
Is a search warrant legal if it has two different addresses on the same warrant?
Not enough is known of the situation to comment. If a judge signed the warrant it WAS legal, and it would be up to your defense attorney to question its validity.
saf/fmb
There aren't any states in the US that are non extradition states. The Constitution requires all states to recognize and cooperate with each others laws.
It means what other offenses can I add on here to ruin your life and make sure that you cannot create a decent life for yourself. Totally murder you socially, economically, and any other way I possibly can without taking your life. Taking your life would be a treat for you so i will take away everything else I can possibly take away from you to ensure that you are living hell on earth. This is what it means.
Do you have to be present when a search warrant is executed if you own the home?
No. The warrant is their court approvedauthorization to enter and search.
Class a and class c misdemeanor?
This would take many megabytes to answer as each state has its' own laws; even just one state's laws would be too lengthy to answer here. Class C misdemeanors make up the lowest level of crimes, they include most moving violations, i.e. traffic tickets (some can be class B or even higher, such as for racing in many states. Most people do not realize that when they receive a traffic ticket that they are actually under arrest, that signing the ticket is the equivalent of posting bail--or more correctly, being released on one's own recognizance in lieu of posting bail--it's a promise to appear before a magistrate.
when someone is put in jail for no reason or any good reason.
Another View: That may be what the questioner is asking but there is no such criminal charge.
Can a cop search a parked car without the owner present and no warrant?
In order to search a vehicle, the police need consent, a warrant, or probable cause.
If the police do not have any of those three, they cannot search the vehicle. If they do it anyway, anything found in the vehicle can be excluded from a criminal prosecution as illegally obtained evidence.
Another View: No situation involving law enforcemnt activity can be answered with a generalized response. Every situation stands on its own. It may be lawful. Like many things concerning 'the law,' it depends on the situation existing at the time of the search.