(b) the justice for the peace authorizes the entry in to the dwelling. 2008, c. 9, s. 49 (3).

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15 Sep
2020
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(b) the justice for the peace authorizes the entry in to the dwelling. 2008, c. 9, s. 49 (3).

Conditions on warrant

(4) A warrant acquired under subsection (1) shall retain the problems that the justice of this comfort considers better to make sure that any search authorized because of the warrant is reasonable within the circumstances. 2008, c. 9, s. 49 (4).

(5) The warrant may authorize individuals that have special, expert or knowledge that is professional other people as required to come with and assist the detective in respect associated with the execution associated with the warrant. 2008, c. 9, s. 49 (5).

Time of execution

(6) An entry or access under a warrant granted under this area will probably be made between 6 a.m. And 9 p.m., unless the warrant specifies otherwise. 2008, c. 9, s. 49 (6).

Expiry of warrant

(7) A warrant granted under this part shall name a night out together of expiration, which will probably be no later than thirty day period following the warrant is released, however a justice regarding the peace may expand the date of expiration for an extra amount of no a lot more than 1 month, upon application without warning by the detective. 2008, c. 9, s. 49 (7).

(8) a detective may phone upon police for help in performing the warrant while the detective can use whatever force is fairly essential to perform the warrant. 2008, c. 9, s. 49 (8).

(9) no individual shall impair an investigator performing a warrant under this section or withhold through the detective or conceal, change or destroy any such thing highly relevant to the research being carried out pursuant into the warrant. 2008, short term installment loans c. 9, s. 49 (9).

(10) If a detective under clause (2) (c) calls for an individual to make proof or information or even to offer help, the individual shall create the data or information or supply the help, given that instance might be. 2019, c. 14, Sched. 10, s. 14 (3).

Copies of seized products

(11) an detective whom seizes any thing under this area or part 50 will make a content from it. 2019, c. 14, Sched. 10, s. 14 (3).

(12) a duplicate of a document or record certified by the detective to be a genuine content of this initial is admissible in proof into the exact same level once the initial and it has exactly the same evidentiary value. 2008, c. 9, s. 49 (12).

Area Amendments with date in effect (d/m/y)

Seizure of things perhaps not specified

50 a detective that is lawfully present in an accepted destination pursuant up to a warrant or perhaps into the execution associated with the investigator’s duties may, with no warrant, seize any such thing in simple view that the detective thinks on reasonable grounds will manage evidence associated with a contravention for this Act or the laws. 2008, c. 9, s. 50.

Queries in exigent circumstances

51 (1) an detective may work out some of the abilities described in subsection 49 (2) with no warrant in the event that conditions for acquiring the warrant exist but by reason of exigent circumstances it might be impracticable to search for the warrant. 2008, c. 9, s. 51 (1).

(2) Subsection (1) will not connect with a building or section of a building that is getting used as a dwelling. 2008, c. 9, s. 51 (2).

(3) The detective may, in performing any authority provided by this area, call upon police for assistance and use whatever force is reasonably necessary. 2008, c. 9, s. 51 (3).

Applicability of s. 49

(4) Subsections 49 (5), (9), (10), (11) and (12) use with necessary customizations to a search under this section. 2008, c. 9, s. 51 (4).

Report when things seized

51.1 (1) a detective who seizes any plain thing beneath the authority of part 49, 50 or 51 shall carry it before a justice of this comfort or, if that just isn’t fairly feasible, shall report the seizure to a justice associated with the comfort. 2019, c. 14, Sched. 10, s. 14 (4).

(2) Sections 159 and 160 associated with the Provincial Offences Act use with necessary customizations in respect of something seized beneath the authority of part 49, 50 or 51 for this Act, reading the guide in subsection 160 (1) of this Act up to a document that the person is all about to examine or seize under a search warrant as a mention of a thing that a detective is approximately to examine or seize underneath the authority of area 49, 50 or 51 of the Act. 2019, c. 14, Sched. 10, s. 14 (4).

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