INTRODUCTION AND BRIEF DESCRIPTION
Peace officers may conduct warrantless searches and seizures if they have reasonable grounds to believe that a weapon, explosive substance, or related items were used in a crime or evidence is likely to be found on a person, in a vehicle, or in any place or premises other than a dwelling-house.
SECTION WORDING
117.02 (1) Where a peace officer believes on reasonable grounds (a) that a weapon, an imitation firearm, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence, or (b) that an offence is being committed, or has been committed, under any provision of this Act that involves, or the subject-matter of which is, a firearm, an imitation firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance, and evidence of the offence is likely to be found on a person, in a vehicle or in any place or premises other than a dwelling-house, the peace officer may, where the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practicable to obtain a warrant, search, without warrant, the person, vehicle, place or premises, and seize any thing by means of or in relation to which that peace officer believes on reasonable grounds the offence is being committed or has been committed.
EXPLANATION
Section 117.02(1) of the Criminal Code of Canada outlines the powers of a peace officer to search and seize without a warrant if certain conditions are met. These conditions include the officer having reasonable grounds to believe that a weapon or explosive substance was used in the commission of an offence, or that an offence involving a firearm, ammunition, or other prohibited item has been committed and evidence thereof is likely to be found on a person, vehicle, or premises. If these conditions are met and the officer is unable to obtain a warrant due to exigent circumstances, they may conduct a search without a warrant and seize any items that they believe are being used or were used to commit the offence. This provision aims to allow officers to quickly and effectively investigate and prosecute crimes involving firearms, explosives, and other prohibited items while balancing the need to protect individual rights and freedoms. It is important to note that this provision does not allow for indiscriminate or arbitrary searches or seizures. The officer must have reasonable grounds to believe that an offence has been committed and that evidence of that offence is likely to be found in the location being searched. If the officer goes beyond the scope of what is permitted under this provision, any evidence obtained as a result may be deemed inadmissible in court and could potentially result in charges being dismissed. In summary, Section 117.02(1) of the Criminal Code of Canada gives peace officers the authority to search and seize without a warrant in specific circumstances involving firearms, explosives, and other prohibited items, but this power must be exercised in accordance with the principles of due process and respect for individual rights and freedoms.
COMMENTARY
Section 117.02(1) of the Criminal Code of Canada allows for warrantless searches and seizures by peace officers under certain circumstances. These circumstances include instances where the peace officer has reasonable grounds to believe that a weapon, imitation firearm, prohibited device, ammunition, prohibited ammunition, or explosive substance was used in the commission of an offense, or where the offense is related to firearms, crossbows, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition, or explosive substances, and evidence is likely to be found on a person, vehicle, place, or premises (other than a dwelling-house). The use of warrantless searches and seizures allows for the quick and efficient collection of evidence in cases where there may be exigent circumstances, which means that obtaining a warrant would not be practicable. This can be particularly important in cases where the evidence may be easily disposed of or destroyed, or where there is a danger to public safety. However, the use of warrantless searches and seizures must be balanced against an individual's right to privacy under the Canadian Charter of Rights and Freedoms. The Charter protects individuals from unreasonable searches and seizures, and any evidence obtained through an unreasonable search or seizure may be deemed inadmissible in court. The Supreme Court of Canada has established a test to determine the reasonableness of a warrantless search or seizure under section 8 of the Charter. The test involves weighing the degree of intrusion on an individual's privacy against the state interest in conducting the search or seizure. The Supreme Court has also established limited exceptions to the warrant requirement, including exigent circumstances, plain view, and consent. It is important to note that the use of warrantless searches and seizures under section 117.02(1) is not unlimited. The peace officer must still have reasonable grounds to believe that the offense has been committed and that evidence is likely to be found on the individual, vehicle, place, or premises. Additionally, the search and seizure must be conducted in a reasonable manner, and any evidence obtained must be relevant to the offense in question. In conclusion, section 117.02(1) of the Criminal Code of Canada provides law enforcement with the ability to conduct warrantless searches and seizures in certain circumstances. While this provision can be an important tool for law enforcement, it must be balanced against the individual's right to privacy under the Charter, and the search and seizure must be conducted in a reasonable manner.
STRATEGY
Section 117.02(1) of the Criminal Code of Canada grants significant powers to peace officers to conduct warrantless searches and seize evidence in situations where the conditions for obtaining a warrant exist, but exigent circumstances make it impractical to obtain one. While this provision is an essential tool for law enforcement in investigating and preventing serious crimes involving weapons, ammunition, and explosive substances, it also presents strategic considerations for police officers and other professionals involved in these investigations. One key consideration is the need to ensure that the warrantless search is conducted lawfully. Even in situations where exigent circumstances exist, the search must be reasonable in the circumstances and focused on obtaining evidence relevant to the investigation. Officers must have reasonable grounds to believe that a prohibited item was used in the commission of an offence or that an offence involving such an item is being committed or has been committed. Additionally, the search must be conducted in a manner that respects the rights of individuals and minimizes any intrusions on privacy or property. To ensure that searches and seizures under section 117.02(1) are conducted lawfully, agencies may need to develop specific procedures and guidelines that outline the circumstances in which a warrantless search is appropriate and the steps officers must take to ensure that the search is legal and reasonable. Developing strict protocols for when and how evidence can be seized can help to guard against any potential legal challenges and ensure that the evidence collected is admissible in court. Another key consideration when dealing with this provision of the Criminal Code is the need to balance public safety concerns with the rights of individuals. Officers must be mindful of the potential impact of their actions on community relations and on the subjects of the search. In many cases, it may be appropriate to engage with these individuals and their communities in a respectful and transparent manner, explaining the reasons for the search and any steps that can be taken to prevent similar incidents from occurring in the future. To balance public safety concerns with the rights of individuals and communities, law enforcement agencies may also consider alternative strategies for dealing with weapons-related offences. For instance, they may prioritize community engagement and education to raise awareness of the dangers of firearms, ammunition, and other prohibited items. Alternatively, they may focus on developing interventions and support measures to address the underlying root causes of these types of crimes, such as poverty, social exclusion, and mental health issues. Overall, strategic considerations when dealing with section 117.02(1) of the Criminal Code of Canada require a balance between ensuring public safety, protecting individual rights, and building constructive relationships with communities affected by weapons-related offences. By developing clear policies and procedures, implementing alternative strategies, and engaging with communities in a respectful and transparent manner, law enforcement agencies can effectively use this powerful tool to prevent and combat serious crimes while safeguarding the rights and interests of all Canadians.