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| Patrick J Ducharme |
There is no requirement for a search warrant prior to a courthouse search carried out under an enabling provincial statute. There are several factors that lead to the conclusion that a search warrant is not required. These factors include the fact that courthouse searches are not carried out for the purpose of a criminal investigation, and, there is a diminished expectation of privacy for persons attending courthouses. The searches are carried out for the protection of all persons including those persons that are searched.1
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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