Criminal Code of Canada - section 199(1) - Warrant to Search

section 199(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows a justice to issue a warrant for a peace officer to enter and search a place where an offence is being committed and seize evidence and arrest individuals, to be dealt with according to the law.

SECTION WORDING

199(1) A justice who is satisfied by information on oath that there are reasonable grounds to believe that an offence under section 201, 202, 203, 206, 207 or 210 is being committed at any place within the jurisdiction of the justice may issue a warrant authorizing a peace officer to enter and search the place by day or night and seize anything found therein that may be evidence that an offence under section 201, 202, 203, 206, 207 or 210, as the case may be, is being committed at that place, and to take into custody all persons who are found in or at that place and requiring those persons and things to be brought before that justice or before another justice having jurisdiction, to be dealt with according to law.

EXPLANATION

Section 199(1) of the Criminal Code of Canada outlines the circumstances in which a justice may issue a warrant authorizing a peace officer to enter and search a place where an offence under sections 201, 202, 203, 206, 207 or 210 of the Code is being committed. These sections primarily deal with offences related to prostitution, indecent acts, and sexual exploitation, amongst others. For a warrant to be issued under this section, a justice must be satisfied by information under oath that there are reasonable grounds to believe that an offence under the aforementioned sections is being committed at a particular place within the jurisdiction of the justice. If the warrant is issued, the peace officer authorized by the warrant may enter and search the place by day or night and seize anything found therein that may be evidence of the commission of the offence. The peace officer is also authorized to take into custody any persons found in or near the place and bring them before a justice for further processing as required by law. This provision is an important tool for law enforcement agencies to combat offences related to prostitution, indecent acts, and sexual exploitation. It enables them to take action to prevent further harm to vulnerable individuals who may be coerced into these activities. However, the power to search and seize is a significant invasion of privacy, and it is important that these powers are only used when there are reasonable grounds to believe that an offence is being committed. As such, the section also includes safeguards to ensure that the authorization of the warrant is based on reliable information.

COMMENTARY

Section 199(1) of the Criminal Code of Canada outlines the powers that a justice has to issue a warrant authorizing a peace officer to conduct a search in a place they believe an offense has been committed under sections 201, 202, 203, 206, 207, or 210. This provision is part of the Canadian legal system's efforts to curb crimes, protect individuals, and maintain peace and order within their jurisdiction. One of the primary benefits of this section is that it gives the justice system the authority to act swiftly in cases where there is reasonable belief that an offense has been committed. For instance, if law enforcement officers have reasonable grounds to suspect that a person has committed a crime under sections 201-210, they can quickly obtain a warrant to search the area where the offender is believed to be hiding. This quick action is vital for preventing criminals from fleeing or destroying evidence that can be used in court. Another benefit of section 199(1) is that it applies to both day and night searches, making it easier for law enforcement officers to conduct searches at any time and ensure their work is not hindered. This provision was made because criminals do not operate based on a fixed schedule, and law enforcement officers need to be able to search for them at any time. Moreover, section 199(1) authorizes the search and seizure of any evidence found in the suspect's surroundings that may help in the prosecution of the crime. The seized evidence can be used in court to establish the guilt of the offender, thereby increasing the possibility of getting a conviction. On the other hand, some critics have argued that the provision gives law enforcement officers too much power over the privacy of individuals. For instance, critics argue that the provision violates the Canadian Charter of Rights and Freedoms, which recognizes the right to privacy and protection against unreasonable search and seizure. Therefore, some people believe that this section should be repealed, modified or reviewed. In conclusion, section 199(1) of the Criminal Code of Canada is necessary for the proper functioning of the Canadian justice system, as it allows law enforcement officers to act quickly and ensure the safety of Canadian citizens. Though there are criticisms, the benefits of this section far outweigh the negatives, and it should continue to be enforced to help prevent crimes and maintain peace and order within Canada's jurisdiction.

STRATEGY

Section 199(1) of the Criminal Code of Canada provides a powerful tool to law enforcement agencies when investigating offences related to prostitution. The section allows a justice to issue a warrant that authorizes a peace officer to search a place suspected of being used for prostitution, seize evidence, and arrest persons found at the place. While this section can be an effective tool for law enforcement, it also presents strategic considerations and challenges. Strategic considerations 1. Gathering sufficient evidence: Since the section requires reasonable grounds to believe that an offence is being committed, law enforcement agencies must gather sufficient evidence before approaching the justice. Gathering enough evidence requires significant investments in time and resources. Law enforcement must prioritize which places to investigate and collect evidence efficiently. 2. Timing: Timing is critical when it comes to securing a warrant. The longer it takes to gather evidence, the greater the chances of suspects being tipped off, evidence being tampered with or moved, or witnesses going into hiding. Law enforcement needs to act quickly and obtain a warrant to search premises before evidence becomes unavailable. 3. Risk assessment: Law enforcement must weigh the risks of executing a warrant. The search could potentially provoke a violent response from those at the premises, leading to injury of police or damage to property. Before a warrant is issued, law enforcement must evaluate the risks involved and plan adequately for a safe and secure operation. 4. Confidentiality: The operation must be carried out with the highest level of confidentiality. The search warrant should not be compromised, and the investigation must remain confidential to ensure a successful outcome. Any leaks or failures to maintain confidentiality could compromise the operation, jeopardizing the chances of a successful prosecution. Strategies 1. Collaborate with other agencies: Law enforcement agencies can collaborate with other agencies, such as social service agencies and non-profit organizations, to gather intelligence and evidence. These agencies have a unique perspective on prostitution and may have access to information that would not be available to law enforcement. 2. Use technology: The use of surveillance technology, such as CCTV cameras and drones, can assist in gathering evidence swiftly and safely. Technology can be used in conjunction with a search warrant to identify and apprehend suspects and preserve evidence. 3. Develop intelligence: Intelligence gathering is a crucial part of any law enforcement operation. Police can gather intelligence by monitoring social media, online forums, and chat rooms. Intelligence gathering can also be done through surveillance, informants, and undercover operations. 4. Plan for emergencies: Law enforcement agencies need to plan for emergencies and potential violent incidents. Officers need training on how to deal with volatile situations, including hostage situations and barricaded suspects. 5. Community engagement: Law enforcement can engage with the community to gather information and intelligence, as well as educate the public on the dangers of prostitution. Engaging with the community can foster partnerships and build trust, which can help gather intelligence and identify perpetrators. In conclusion, section 199(1) of the Criminal Code of Canada presents both strategic considerations and challenges for law enforcement agencies when investigating prostitution-related offences. Law enforcement must prioritize evidence gathering, timing, risk assessment, confidentiality, collaborate with other agencies, use technology, develop intelligence, plan for emergencies, and engage with the community to be successful. These strategies will ensure that police officers are well-prepared to execute a search warrant swiftly and safely while preserving the integrity of the investigation.