INTRODUCTION AND BRIEF DESCRIPTION
Section 487(1) of the Criminal Code of Canada outlines the conditions under which a warrant can be issued for the search and seizure of evidence related to a suspected criminal offence.
SECTION WORDING
487(1) A justice who is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in a building, receptacle or place (a) anything on or in respect of which any offence against this Act or any other Act of Parliament has been or is suspected to have been committed, (b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence, or will reveal the whereabouts of a person who is believed to have committed an offence, against this Act or any other Act of Parliament, (c) anything that there are reasonable grounds to believe is intended to be used for the purpose of committing any offence against the person for which a person may be arrested without warrant, or (c.1) any offence-related property, may at any time issue a warrant authorizing a peace officer or a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and who is named in the warrant (d) to search the building, receptacle or place for any such thing and to seize it, and (e) subject to any other Act of Parliament, to, as soon as practicable, bring the thing seized before, or make a report in respect thereof to, the justice or some other justice for the same territorial division in accordance with section 489.1.
EXPLANATION
Section 487(1) of the Criminal Code of Canada deals with search and seizure warrants. It allows a justice to issue a warrant to a peace officer or public officer if there are reasonable grounds to believe that an offence has been committed or evidence of an offence can be found at a particular location. The warrant authorizes the officer to search the specific building, receptacle or place described in the warrant and seize any relevant items. The officer can also bring the seized items before the justice who issued the warrant or another justice in the same area, in accordance with section 489.1 of the Criminal Code. The section specifies three types of items that can be searched for and seized: (a) anything related to a suspected offence against the Criminal Code or another federal law, (b) anything that can provide evidence with respect to the commission of an offence or the whereabouts of a suspect, and (c) anything that can be used for the purpose of committing an offence against a person for which an arrest can be made without a warrant. Section 487(1) provides a legal framework for the exercise of police powers in securing evidence related to criminal activities. It ensures that officers act within the parameters of the law and a judicially authorized warrant, preventing any arbitrary or unreasonable search and seizure actions.
COMMENTARY
Section 487(1) of the Criminal Code of Canada is an important piece of legislation that outlines the circumstances under which a search warrant can be issued. In essence, this section gives peace officers and public officers the power to search a building, receptacle, or place in order to gather evidence relating to a suspected crime. One of the key requirements for obtaining a search warrant under this section is that the justice must be satisfied that there are reasonable grounds to believe that there is something on or in the searched location that relates to an offence under the Criminal Code or another federal or provincial law. This means that law enforcement officials must have a good reason to believe that a crime has been committed before they can initiate a search. There are several types of items that can be searched for under this section. For example, if there is reason to believe that there is evidence relating to a crime on a particular premises, the justice may authorize a warrant to search for that evidence. Similarly, if there is reasonable cause to believe that a particular item is intended to be used to commit a crime, law enforcement officials may seek a warrant to search for that item. One of the key provisions of this section is that it is subject to any other Act of Parliament. This means that there may be additional requirements or limitations placed on the ability of law enforcement officials to conduct searches, depending on the specific law in question. For example, there may be additional guidelines governing the use of search warrants in cases involving national security or public safety. Overall, Section 487(1) of the Criminal Code of Canada is an important provision that helps to ensure that law enforcement officials can gather evidence in a lawful and justifiable way. By requiring that there be reasonable grounds to believe that a crime has been committed, this section helps to protect the privacy and rights of individuals while also assisting in the investigation and prosecution of criminal activity. It is an essential tool for law enforcement officials who are working to keep communities safe and uphold the rule of law.
STRATEGY
Section 487(1) of the Criminal Code of Canada grants authorities the power to search and seize property when there are reasonable grounds to believe that it could aid in the investigation or prosecution of an offence. This power can be a powerful tool in the pursuit of justice, but it must be used carefully. There are several strategic considerations that should be kept in mind when dealing with this section of the Criminal Code. First, it is crucial to ensure that the information on which the search warrant is based is reliable and accurate. Any inaccuracies or errors could compromise the integrity of the entire investigation and potentially lead to the exclusion of evidence. Therefore, it's important that investigators thoroughly verify the accuracy of the information provided and obtain independent corroboration, such as witness statements or physical evidence, wherever possible. Another strategic consideration is timing. It is important to strike a balance between conducting the search as early as possible in the investigation to gather evidence and waiting until there is sufficient evidence to support the warrant. A premature search could compromise the investigation, while waiting too long could lead to the loss or destruction of key evidence. The scope of the search is another important consideration. The warrant should be carefully crafted to ensure it is limited to the specific items or locations that are relevant to the investigation. Overly broad warrants could be challenged on the grounds of being unreasonable and may lead to the exclusion of evidence. Therefore, it's important to carefully assess the scope of the search and tailor the warrant accordingly. It's also important to consider the potential impact of the search on the individuals affected. Searches can be disruptive and intrusive, and can potentially violate the privacy and rights of those involved. Therefore, investigators should take steps to minimize the impact of the search, such as conducting it at a reasonable time and avoiding unnecessary damage or destruction of property. Finally, it's important to ensure that the search is conducted in accordance with the law in order to maintain the legitimacy of the investigation. Any violations of procedural or constitutional requirements could render the search warrant invalid and potentially lead to the exclusion of evidence. Therefore, it's crucial to ensure that all necessary legal requirements are followed throughout the search and seizure process. In terms of strategies that could be employed, investigators should consider working closely with skilled legal professionals to ensure that the warrant is legally sound and that the search is conducted in a manner that is both legal and ethical. It may also be beneficial to develop clear policies and procedures for the execution of search warrants to ensure that they are carried out consistently and effectively. Additionally, effective communication with all parties involved, including witnesses and those affected by the search, can help to minimize the potential for misunderstandings or conflicts. In summary, section 487(1) of the Criminal Code of Canada provides a powerful tool for investigators in the pursuit of justice. However, its use must be carefully considered and coordinated with legal professionals to ensure that it is both legally sound and effective in achieving its intended goals. Through careful planning, clear communication, and effective execution, investigators can use this tool to support the investigation and prosecution of criminal offences while also protecting the rights and privacy of those involved.