Policy
The Member Responsibility in regards to Information's to Obtain
Member responsibilities
Ensure that a supervisor reviews and confirms that the requirements for the information to obtain (ITO) and search warrant are met before presenting them to a justice.
The letters in LAST stand for, what ?
Legal Application Support Team
Determined the requirement for Computer Searches
R v Vu (2013 SCC)
Who can issue a search warrant ?
Judge or Justice
What is the three points on the NEXUS ?
Place, Offence, Evidence
Supervisor Responsibilities for Information To Obtains
Review the ITO and search warrant to ensure that:
ITO has grounds to support the existence of an offence;ITO describes the specific items sought; ITO describes the location to be searched; ITO provides the reason to believe the specific items are at the search location;the ITO uses wording that will protect a confidential source;
When was LAST Created In D Division
2022
Case Law that determined the preconditions for entry warrants
R V Feeney (1997 SCC)
Criminal Code requirements for obtaining a search warrant ?
Reasonable grounds to believe:
According to the Charter of Rights there is two forms of Search and Seizure, what are they ?
With warrant and
Without warrant
Ensure Form 5.2. is completed and forwarded to the courts
What prompted D division to create a LAST Unit ?
Review of warrants in 2013 and recommendations in 2016
The Three C's from R V Debot
1 - Compelling
2 - Credible
3 - Corroborated
What section of the criminal code governs searches without warrant ?
Section 489
(2) Every peace officer, and every public officer who has been appointed or designated to administer or enforce any federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament, who is lawfully present in a place pursuant to a warrant or otherwise in the execution of his duties may, without warrant, seize any thing that the officer believes on reasonable grounds:
What is the common word for this type of statement in a warrant ?
"Drug dealers keep drugs at there home"
Boilerplate
Who reads policy regularly ?
I will also accept your boss's name
Weak Nexus/Insufficient Grounds
The term Full, Fair and Frank comes from what case law ?
R. v. Araujo [2000] 2 S.C.R. 992
Superior Court Judge Section 490(3)(a)
What Charter Section governs unreasonable search and Seizure ?
What part of D Division Policy outlines Search and Seizure ?
Part 21
Where do you find Manitoba Specific templates for warrant ?
D LAST / Info web page
Outlines the Guidelines for leave to cross examine the affiant and the role of the reviewing justice
R. v. Garofoli (1990), 60 C.C.C. (3d) 161 (S.C.C.)
The Four conditions to obtaining a sealing order
(a) compromise the identity of any confidential informant;
(b) compromise the nature and extent of ongoing investigations;
(c) endanger persons engaged in particular intelligence-gathering techniques and thereby prejudice future investigations in which similar techniques would be used; or
(d) prejudice the interests of innocent persons.
Leading Case Law that establishes the Nexus
R.v Morelli
You cannot assume evidence is at a residence just because a suspect is involved in an offence.
You must articulate why the evidence would be there.