When can the Police Search me?
Section 8 of the Charter provides that everyone has the right to be free of unreasonable search and seizure. Presumptively, all warrantless searches are unreasonable, save for limited circumstances. These limited exceptions are discussed in more detail in the previous section.
Everyone in Canada has the right to a reasonable expectation of privacy in certain locations and situations. For example, in public places, our reasonable expectation of privacy is limited. Generally, Canadian’s have the highest reasonable expectation of privacy in their place of residence.
As a general rule, to search an individual’s home, the police must have a search warrant. Only in very limited circumstances may the police enter an individual’s home and search without a warrant or permission from a person with authority to give permission. These limited circumstances are discussed in more detail in the previous section.
Search warrants are location and item specific. This means that the warrant will name a specific address or location to be searched and will also indicate the type of evidence the police are looking for. If you are inside the location being searched while it’s being searched, the police may also search your person if they have reason to believe you are a threat or that you have the evidence they are looking for on your person.
The police may only enter someone’s home without permission or a warrant in a very limited set of situations. The police may enter a home without a warrant or permission if they receive a 911 call from that address and believe entering is necessary to prevent injury or death to someone inside, or where they believe there is someone inside the home who requires emergency services. The police may also enter a residence without permission to accompany an individual to retrieve their belongings in a domestic violence situation. Finally, the police may enter a residence without a warrant where they have reason to believe there is a drug laboratory inside that may cause injury.
Having a complete understanding of the Elements of the Criminal Offence, Your Rights and the Consequences associated with a Criminal Record is necessary before any legal decisions are made.
Global News Morning Show: Sentencing Arguments in Assault case of Dafonte Miller.
Breakfast Television: Role of Mental Health in Court Proceedings.
Global News National: Bruce McArthur will not serve consecutive sentences – here’s why.
CBC Radio: Interview with Mayor John Tory and Jordan Donich on CBC Radio.
CTV News National: Handgun ban supported by majority of Canadians: Nanos survey.
Global News: Should Canada ban Handguns? Debate stirs after Danforth shooting.
Global News: How difficult is it to get a legal handgun in Canada.
Legal Information
Frequently Asked Questions
What Happens when the Police Search me?
When can the Police Search me Without a Warrant?
-Search Incident to Arrest or Detainment
-Search of a Vehicle
-Other Searches
What Happens to the Property the Police Seized?
-Seizure with a Warrant
-Seizure without a Warrant
Additional Resources
Assault
Assaulting a Peace Officer
Children’s Aid Society
Sexual Assault Law in Canada
Consequences of a Criminal Record
Domestic Abuse
First Offenders
Immigration Consequences
Keeping Charges Private
Travel & US Waivers
Vulnerable Sector Screening
Elements of a Crime
Your Rights
What Happens when the Police Search me?
Section 8 of the Canadian Charter of Rights and Freedoms provides that everyone has the right to be secure against unreasonable search and seizure. A search, for the purposes of section 8, is defined as any state activity that interferes with an individual’s reasonable expectation of privacy.
When can the Police Search me Without a Warrant?
As a general rule, Canadian’s have the right to be free from unreasonable search and seizure, as guaranteed by section 8 of the Charter. As a result, there are very few situations in which a police officer can search you without a warrant.
An officer may search you without a warrant if you are being detained, if you are being arrested, if you are inside a car or boat and an officer has reason to believe you are improperly carrying or storing an open container of alcohol, and if you are at a place that is being searched for evidence and the police have reason to believe you may have the evidence on your person.
Search Incident to Arrest or Detainment
The police can only search an individual in a limited set of circumstances. The police may search an individual and their immediate surroundings without a warrant once the individual has been placed under arrest. When an individual is being detained, the police may do a brief cursory search for weapons, known as a “pat down” search.
Search of a Vehicle
The police may search an individual’s vehicle without a warrant where they have reasonable grounds to believe that the driver is improperly storing an open container of alcohol. In Canada, law enforcement can stop a vehicle driving on public roads to check that the driver is sober if they have reasonable grounds to believe the driver may be intoxicated. Once stopped, the officer may only search the vehicle if they believe there are illegal drugs, improperly stored alcohol, or evidence of another crime in the car that may be lost or destroyed if the officer were to wait to get a search warrant. The police cannot search your car if they have stopped you to check sobriety and have no reason to believe there is improperly stored alcohol or illegal drugs in the vehicle.
Other Searches
The police may also perform a warrantless search in a limited set of circumstances where an individual is in a location where police are searching for evidence of a crime and police believe the accused may have the evidence on their person. For example, if police are searching a house for drugs, they may search the individual’s inside the house if they believe the individual’s may have drugs on their person.
What Happens to the Property the Police Seized?
When the police search an individual or piece of property, with or without a warrant, they may seize any contraband they discover in the course of the search or any evidence they believe to be connected to the crime they are investigating.
Seizure with a Warrant
Section 489(1) of the Criminal Code provides that every individual who executes a search warrant may seize, in addition to the items named in the search warrant, any item that the individual believes, on reasonable grounds
- Has been obtained by the commission of a criminal offence
- Has been used in the commission of a criminal offence
- Is evidence related to a criminal offence
Seizure without a Warrant
Section 489(2) of the Criminal Code provides that every officer who is lawfully present in a place pursuant to a warrant or otherwise in the execution of their duties, may, without a warrant, seize any item that the officer believes on reasonable grounds
- Has been obtained by the commission of a criminal offence
- Has been used in the commission of a criminal offence
- Is evidence related to a criminal offence
Once property has been seized by police, they will log it into evidence and provide the individual who owns the property with a list of items seized. The items will then remain in police custody until the criminal case they are related to has completed.
Section 489.1(1) of the Criminal Code states that subject to any other Act of Parliament, where items have been seized by a peace officer, the peace officer should, as soon as practicable, where the officer is satisfied that there is no dispute regarding the lawful owner of the items, and that the continued detention of the items is not required for the purposes of a police investigation, a preliminary inquiry or criminal trial, return the items.