warrant procedures

Ask a Lawyer


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?


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 ?
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?
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.
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.