You have entered a residence via a Section 487 Search Warrant to search for stolen property. Your judicial authorization allows you to search for specific stereo equipment, flat screen TVs with remotes, and various power tools like drills, saws, etc.

You have entered a residence via a Section 487 Search Warrant

For this assignment, select one (1) of the three (3) scenarios. Then, using the Criminal Code of Canada and case law, identify the Sections that grant you the authority to search and/or seize based on the details outlined in each specific scenario. Make sure to use Martin’s criminal code 2020 ( Canadian criminal codes)
NOTE:  this assignment focuses on the information covered in Module 3, so keep your focus here and especially on section 489 CC.
See below for further direction on this assignment.

Scenario 1 – Search with a Search Warrant

You have entered a residence via a Section 487 Search Warrant to search for stolen property. Your judicial authorization allows you to search for specific stereo equipment, flat screen TVs with remotes, and various power tools like drills, saws, etc. After entering the premises via the search warrant, you start your search and shortly thereafter, inadvertently, find a small bag containing a white powder that you believe to be powder cocaine.

1.    Can you seize the bag of what you believe to be powder cocaine?
2.    If so, quote the Section(s) of the Criminal Code that allows you to do this? Be specific.
3.    Provide case law examples (at least two) that agree with your point of view and provide a summary of your case law and how/why it agrees with your point of view.
4.    Articulate your thought process in short essay format and account for the sources where you located your information.

Scenario 2 – Traffic Stop

You are on patrol and stop a vehicle with two people in same (driver/passenger), just north of Skylark, Alberta. Based on confidential informant information provided to you earlier in the evening, you believe they are in possession of a controlled substance, at least one ounce of crack cocaine.  From the driver’s door, you notice a white powdery residue, as well as a ‘crack pipe’ in the console of the vehicle.

You further smell a strange odour and the driver and passenger have conflicting stories as to the evening’s events.  Although you have limited experience in policing, you have been to college and have been around crack cocaine use and you are familiar with what it looks like and how it is consumed. Based on what your CI told you, combined with your observations, you believe you have reasonable grounds to arrest both the driver and the passenger for possession of a controlled substance and do so.

1.    Can you search both the driver and passenger incident to arrest?

2.    If so, why? Quote the Section(s) of the Criminal Code that allows you to do this? Be specific.

3.    Provide case law examples (at least two) that agree with your point of view and provide a summary of your case law and how/why it agrees with your point of view.

4.    Can you search the vehicle and immediate area around the vehicle for evidence?

5.    If so, why? Quote what section(s) of the Criminal Code allows you to do this? Be specific.

6.    Provide case law examples (at least two) that agree with your point of view and provide a summary of your case law and how/why it agrees with your point of view.

7.    Articulate your thought process in short essay format and account for the sources where you located your information.

Scenario 3 – Seizure without a Search Warrant        

You have been seconded due to manpower shortages to assist the Skylark PS Major Crimes Unit with an ongoing homicide. The Primary Investigator has briefed you on the investigation to date and you have now been partnered with a more seasoned officer. During the briefing that the Primary Investigator provided you, he made a point of emphasizing that should you and your partner come across a pair of size 12, red, white and black Air Jordan high top basketball shoes on any of the three main suspects, that you are to seize them.

The Primary Investigator further explains that the reason for this is that the Skylark PS Forensic Identification Section obtained a very good shoe print from the crime scene. Through a shoe print database, they have narrowed the shoe print down to the previously mentioned Air Jordan’s. Skylark PS FIS believe that a match may be afforded if these shoes are lawfully seized. Later in the investigation, you and your partner are tasked with arresting one of the three main suspects on an unrelated outstanding warrant for being unlawfully at large.

After arresting the suspect and booking him into cells, the suspect is searched, and upon removing his footwear, you realize that the shoes the suspect has just taken off and are a perfect match to what the Primary Investigator provided to you. Based on the information provided in this scenario answer the following questions.

1.    Can you lawfully seize the Nike basketball shoes?

2.    If so, why? Quote the Section(s) of the Criminal Code that allows you to do this? Be specific.

3.    Provide case law examples (at least two) that agree with your point of view. Also, provide a summary of your case law and how/why it agrees with your point of view.

4.    Articulate your thought process in short essay format and account for the sources where you located your information.

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