Romaniuk's
Search Warrants Considered

Feeney Warrant

1. What is the full name and spelling of the accused person?
2. What are the grounds of arrest? Shall be one, or more, of:
   
   
   1. Outstanding warrant enforceable in Alberta; or
   2. Without warrant under s. 495 (1) (a) or (b) CC, applicant to provide details re:
      
      
      1. has committed an indictable offence; or
      2. has a reasonable belief that the accused has committed or is about to commit an indictable offence; or
      3. has been caught 'red handed' in any criminal act; or
         
         
   3. Grounds exist under any other act.
      
      
3. What grounds exist to believe that the accused will be present in the dwelling house in which you wish to enter?
4. Upon what information did you rely upon to form that belief?
5. What is the address of the dwelling house you wish to enter?
6. What steps have you taken to determine that those premises actually exist?
7. Are you comfortable announcing your presence prior to an entry?
8. If 'yes': proceed to #10.
9. If 'no': 'Why not?' - acceptable grounds:
   
   
   1. Applicant or any other person would be endangered; or
   2. It would result in the imminent destruction of evidence in relation to an indictable offence. s. 529.4 CC.
      
      
10. Do you have any other information you wish to add?
11. Is it necessary to execute this warrant at night?
    
    
    1. If 'Yes' - there must be reasonable grounds at law - s. 488 CC.
    2. Please state the grounds.
    3. see the night searches page too.
       
       
12. Are you applying for a sealing order?
    
    
    1. If 'Yes' - there must be reasonable grounds at law s. 487.3 of the CC.
    2. The applicant must state the 'risk' envisioned explicitly and in detail.
    3. see the sealing order page too.
       
       
13. J.P. (when satisfied) advises: I am satisfied that there are reasonable and probable grounds for dispensing with an information in writing. OR J.P. asks for more information.
14. J.P. (when satisfied) completes warrant on the record.
15. J.P. should impose terms, that he/she thinks fit and proper:
    
    
    1. date on which entry may be made;
    2. times of entry;
    3. date on which the warrant expires;
    4. only one visit on a specific date;
    5. etc.
       
       
16. J.P. instructs applicant in the filling in of the facsimile form of warrant.
17. J.P. has applicant read back their version of the facsimile warrant.
18. J.P. then has the applicant print in the J.P.'s name - "in quotes" - in the signature space on the facsimile order and has the applicant read that back too.
19. J.P. advises: "I am satisfied that your facsimile is properly executed and as such I am authorizing execution of the warrant."
20. J.P. asks the applicant to confirm the applicant's office facsimile telephone number or e-mail address.