Conditions on warrant
(4) A warrant obtained under subsection (1) shall retain the problems that the justice associated with the comfort considers better to make sure that any search authorized because of the warrant is reasonable into the circumstances. 2008, c. 9, s. 49 (4).
(5) The warrant may authorize people who’ve special, expert or expert knowledge and other people as required to come with and help the detective according for the execution associated with warrant. 2008, c. 9, s. 49 (5).
Time of execution
(6) An entry or access under a warrant given 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).
Expiration of warrant
(7) A warrant granted under this part shall name a romantic date of expiry, which will be no later than 1 month following the warrant is released, however a justice associated with the comfort may expand the date of expiration for an period that is additional of a lot more than 1 month, upon application with no warning by an detective. 2008, c. 9, s. 49 (7).
(8) a detective may call upon police for support in performing the warrant and also the detective might use whatever force is fairly essential to perform the warrant. 2008, c. 9, s. 49 (8).
(9) no individual shall impair an detective performing a warrant under this part or withhold through the detective or conceal, change or destroy such a thing strongly related the research being conducted pursuant into the warrant. 2008, c. 9, s. 49 (9).
(10) If a detective under clause (2) (c) calls for someone to make proof or information or even to offer support, the individual shall create evidence or information or supply the support, since the instance might be. 2019, c. 14, Sched. 10, s. 14 (3).
Copies of seized products
(11) a detective whom seizes any thing under this area or part 50 can make a content from it. 2019, c. 14, Sched. 10, s. 14 (3).
(12) a duplicate of a document or record certified by an detective to be a genuine content for the initial is admissible in proof towards the exact exact same level given that initial and has now the exact same evidentiary value. 2008, c. 9, s. 49 (12).
Part Amendments with date in effect (d/m/y)
Seizure of things perhaps maybe not specified
50 an detective that is lawfully contained in an accepted spot pursuant to a warrant or else when you look at the execution of this investigator’s duties may, with no warrant, seize any such thing in simple view that the detective thinks on reasonable grounds will pay for proof concerning a contravention with this Act or even the laws. 2008, c. 9, s. 50.
Queries in exigent circumstances
51 (1) a detective may exercise some of the capabilities described in subsection 49 (2) with out a warrant in the event that conditions for acquiring the warrant occur but by reason of exigent circumstances it will 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 this is certainly getting used being a dwelling. 2008, c. 9, s. 51 (2).
(3) The detective may, in executing any authority written by this part, call upon police for support and make use of 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 alterations to a search under this area. 2008, c. 9, s. 51 (4).
Report when things seized
51.1 (1) an detective whom seizes any plain thing underneath the authority of area 49, 50 or 51 shall take it before a justice associated with the comfort or, if it just isn’t reasonably feasible, shall report the seizure to a justice associated with comfort. 2019, c. 14, Sched. 10, s. 14 (4).
(2) Sections 159 and 160 of this Provincial Offences Act use with necessary improvements in respect of anything seized beneath overnight installment loans the authority of area 49, 50 or 51 of the Act, reading the guide in subsection 160 (1) of the Act to a document that any particular one is all about to examine or seize under a search warrant as a mention of the something which a detective is all about to examine or seize underneath the authority of part 49, 50 or 51 with this Act. 2019, c. 14, Sched. 10, s. 14 (4).