warrant procedures

Ask a Lawyer

Question

Country: Canada
State: Ontario

In order for a warrant to be admissible in court does the persons name and address on the warrant have to be correct? A warrant was issued in my boyfriends name but at an address that the police believed to be his which it wasn't. Do they have to prove this is his address? They also said the warrant had to be carried out before 9pm. The people in the apartment when it happened believe it was after 9pm when they entered the dwelling and the local newspaper reported it at being at 10:30pm does that have any relevance?

Answer

The warrant must be followed correctly or the search evidence obtained can be challenged...there may be some legal issues you can use here--

References in periodicals archive ?

For example, a governmental entity may obtain disclosure from an electronic communication service of the content of a communication stored for 180 days or less only with a warrant issued by a magistrate upon probable cause and in accordance with the applicable federal or state warrant procedures. Older communications held by an electronic communication service, or communications held for storage by a remote computing service, may be obtained either without notice to the subscriber pursuant to a warrant or with prior notice to the subscriber if the government uses a subpoena or obtains a court order for disclosure under subsection (d).

Facebook Cannot Appeal Grant of Warrant to Search User's Account, Holds Court of Appeals: Matter of 381 Search Warrants Directed to Facebook, Inc

Warrant procedures for electronic communication records sought under [section] 2703(c)(1)(A) are no different than other warrants and thus are subject to the same constitutional requirements.

Federal and state warrant procedures emphatically require a showing of probable cause to use a tracking device in criminal investigations.

(64.) Section 2703(c)(1)(A) relies on "the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State Court, issued using State warrant procedures)." Id.

It's probable: Missouri Constitution article I, Section 15 requires a higher standard to obtain a warrant for real-time or prospective CSLI

Notably, warrant procedures should be updated, building especially on the idea of return, which requires the government to return items taken as part of an investigation once they are not needed.

I show how associational freedom informs and shapes warrant procedures for forward-looking surveillance, especially when technology allows the government to watch and track us easily and at low cost.

As we will see, modern warrant procedures emerged to manage the tension between policing and associational freedom.

Constitutional limits on surveillance: associational freedom in the age of data hoarding

The court did present a detailed comparison of FISA and Title III warrant procedures, concluding that the two provided virtually equivalent protections to targets.

In light of the problems with warrant procedures in the foreign intelligence context, this area of the law is particularly ripe for a reasonableness regime.

Leaving FISA behind: the need to return to warrantless foreign intelligence surveillance

The city appealed and the appeals court affirmed, finding that the city's detention of the arrestee deprived him of a significant liberty interest and that the city's warrant procedures constituted "policies" for the purposes of [section] 1983.

Fairley v. Luman

In fact, Parliament has enacted many forms of search and seizure warrant procedures, and the police agencies across Canada learned how to conduct their investigations and use the new provisions.

Maturing face of criminal law

These records are generally kept for the government's benefit, and the government need not go through warrant procedures to review them.