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| Patrick Ducharme |
The search warrant must be executed by day unless otherwise specifically ordered pursuant to section 488 of the Code. The terms “day” and “night” are defined in section 2 of the Code to mean between 6 a.m. and 9 p.m. A police officer must be in charge of the search, however, a person who is not a police officer may assist the police officer. Although the police may use force to break into a place authorized by a search warrant, the use of such force must be reasonable and justified. A police officer may have the assistance of persons, who are not named in the warrant or other persons who are not peace officers, provided that the police officer who obtains the search warrant remains in control of and accountable for the search.
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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