Many possession charges are not pursued by Crown because police do not provide the required details articulating the grounds for the search that would satisfy Crown that the case would meet the legal standard of “Substantial Likelihood of Conviction”. Carefully detail how you came into legal possession of the seized item.
Your warrantless powers to search and/or seize are:
Common Law
- Consent (Informed and Knowledgeable)
- Search Incident to Arrest
- Safety Search (Incident to Detention or Police Duties)
- Implied Licence
- Protection of Life or Property
- Plainview
- Entry to Effect an Arrest (Not Dwelling Houses)
Statutory Law
- 487.11 – Exigent Circumstances – General Authority for Federal and Provincial Law
- 117.02 – Exigent Circumstances – Weapon used in Offence – Not for Dwelling houses
- 117.04 – Danger to Life – Not in persons interest to possess a weapon
- 529.3 – Exigent Circumstances – Enter Dwelling House to Effect Arrest
Related Links:
Legal Issues Safety Searches
Definition of Exigent Circumstances