Section 487 Search Warrants

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 44-47

44 Police Powers / Search and Seizure / Search and Seizure with a Warrant

1.1(b)(iv) Section 487 Search Warrants

Is the application being made

to a justice, provincial court, or

superior court judge?1

Yes

Is the application being made

by a peace oicer or a public

oicer?2

Yes

Yes

Does the application seek one

of the proper objects of a

search warrant?3

Yes

Does the Information to

Obtain establish reasonable

grounds?4

A warrant can be issued5A warrant cannot be issued5

No

No

No

No

Section 487 sets out the longest-standing and most generic form of search

warrant. Indeed, for many years it was essentially the form of search warrant

in the Criminal Code. Since the advent of the Charter there has been the need

to create many other warrants authorizing specic types of searches. These

include “DNA warrants,” for taking DNA samples; and “tracking warrants,”

for tracking a person’s movements (see the discussion in Chart 1.1(b)(ii), Which

Warrant Is Appropriate?). This has led to some terminological ambiguity.

Because there are now many warrants authorizing various forms of search,

it can seem awkward to reserve the term “search warrant” for only one of