warrant procedures

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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.

Unlike a subpoena, which finds broad use in civil matters, an SCA warrant is not "civil by nature:' As with a traditional search warrant, an SCA warrant may be issued only to a governmental entity, upon a showing of probable cause, and pursuant to statutory warrant procedures (see 18 USC [section] 2703 [a], [b] [1] [A], [c] [1] [A]).

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

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.

6) If the FBI wishes to track someone for the next twenty days with a GPS tracker, it will go through warrant procedures and adhere to them.

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.

Jones may never have reached the Court had the officers followed the warrant procedures for tracking in the warrant they had obtained, (169) What then was happening in Jones to prompt the Court to take a simple failure to follow procedure case?

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

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.