Winner of the 2021 Walter Owen Book Prize

General Editors: Brian H. Greenspan and Justice Vincenzo Rondinelli

Search and Seizure provides a practical examination of the evolving body of legal rules and principles that govern how reasonable searches and seizures are conducted. In particular, it considers the increased complexity of assessing a person’s reasonable expectation of privacy in the digital age. This handbook addresses central concerns and relevant topics such as Section 487 Search Warrants, computer device searches, warrantless searches, and exclusion of evidence.

This all-in-one comprehensive guide analyzes every perspective, including those of the rights-holder, the police officer conducting a search or seizure, prosecutors and defence counsel, and judges reviewing police conduct after the fact.

In September 2020, author Nader Hasan was listed in Canadian Lawyer as one of the Top 25 Most Influential in the justice system and legal profession in Canada—specifically in the Human Rights, Advocacy and Criminal category. Click here to learn more.

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This text is Volume 14 in Emond's Criminal Law Series.

• Useful “practice tips” sections in each chapter with practical advice from Crown and defence
• Chapter devoted to digital search and seizure powers, including discussions on internet search history
• Chapter focused on the warrant application process, including forms to be used, telewarrants, and drafting the Information to Obtain (ITO), as well as dealing with information from a confidential informer (CI)
• Up to-date content that reflects the latest case law on search and seizure issues
• Relevant legislation from the Canadian Charter of Rights and Freedoms and the Criminal Code
• Chapter dedicated to reviewing the Garofoli process
• Content written by experienced Crown and defence counsel
• Foreword by the Honourable Sheilah L. Martin of the Supreme Court of Canada

1.An Overview of Search and Seizure Law and Basic Principles
2.Reasonable Expectation of Privacy
3.The Warrant Application Process
4.Section 487 Search Warrants
5.Production Orders and Preservation Demands and Orders
6.General Warrants
7.Special Criminal Code and Other Statutory Search Powers
8.Provincial/Regulatory Search Powers
9.Ancillary Orders
10.Computer Device Searches
11.Warrantless Searches
12.Manner of Execution
13.Special Locations
14.Wiretaps
15.Post-Seizure Reporting and Detention and Return of Seized Property
16.Reviewing a Search and Seizure Process (Garofoli)
17.Exclusion of Evidence

Chapter 2: The Reasonable Expectation of Privacy

Coming soon.

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