In what circumstances will a search warrant be used to obtain personal information about a person who has not been arrested?
Ontario, Canada
The following excerpt is from R. v. Waechter, 2006 ONCJ 128 (CanLII):
[95] In Regina v. Caslake the court held that searches which derive their legal authority from the fact of the arrest must be truly incidental to the arrest in question.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the impact of exclusion of evidence obtained from a search warrant obtained during an unlawful arrest? (Ontario, Canada)
When a warrant is issued for the arrest of an individual without a written warrant, can the accused be informed of the reason for their arrest? (Ontario, Canada)
What is the test for a search warrant to search a person’s home? (Ontario, Canada)
What is the test for obtaining personal information of a plaintiff in a personal injury case? (Ontario, Canada)
Under what circumstances will the police need to obtain a companion authorization to search a person's home? (Ontario, Canada)
What is the test for obtaining a warrant to search a person's home? (Ontario, Canada)
Can sworn information to obtain a search warrant be made public? (Ontario, Canada)
What is the test for obtaining a search warrant to search a legal aid office? (Ontario, Canada)
What is the test for arrest of an applicant and seizure and search of a paper bag, based in part on information from a confidential informant? (Ontario, Canada)
What is the test for a search warrant to be used in search warrants? (Ontario, Canada)
