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| Patrick Ducharme |
Exigent Circumstances
The Code provides statutory authorization to execute a search in the absence of a search warrant if the conditions for obtaining a search warrant exist but, by reason of exigent circumstances, it would be impracticable to obtain a search warrant.1 A peace officer may also search a place or a person in an effort to seize items related to a drug offence provided the conditions for a search warrant exist but because of exigent circumstances it would be impracticable to obtain a search warrant.
487.11: A peace officer, or a public officer who has been appointed or designated to administer or enforce any federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament, may, in the course of his or her duties, exercise any of the powers described in subsection 487(1) or 492.1(1) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would be impracticable to obtain a warrant.
11(7) CDSA: A peace officer may exercise any of the powers described in subsection (1), (5) or (6) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would be impracticable to obtain one.
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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