Which Warrant Is Appropriate?

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 32-38

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

1.1(b)(ii) Which Warrant Is Appropriate?

No

Does the oence

concern a controlled

substance?

Yes

No

Does the search

interfere with bodily

integrity?3

Does the search

seek DNA, blood,

or a bodily

impression?

DNA

blood

bodily

impression

No

ss

487.04–

487.0911

No

No warrant available

s 320.29

s 487.092

Yes

Is it a physical

search of a building,

receptacle, or place

for a tangible item?1

Yes

CDSA, s 112Yes

Does any other warrant

provide for the search?5

Use

the other

warrant

General warrant,

s 487.01

Does the search

involve electronic

surveillance?4

s 492.1

Part VI

s 487.01(4)

s 492.2

audio

video

transmission

data

tracking

data

No

No

Yes