Consent Searches Of Persons
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FAQ
Section 443 of Canada's Criminal Code provides that a justice may issue a search warrant when there is 'reasonable ground' to believe that a building, receptacle, or place contains the following: (1) anything with respect to which a criminal act has been committed, (2) evidence bearing upon the commission of an offense ...
Consenting to a search The police can also search you if you give them ?informed consent?. This means you understand the possible consequences of the search and you agree to let them search you. The search must be limited to what you have consented to. The police must tell you the reasons why they want to search.
Reasonable and probable grounds is the ?the point where credibly-based probability replaces suspicion". It is the reasonable belief that "an event not unlikely to occur for reasons that rise above mere suspicion". "Reasonableness" concerns the legitimate expectations in the existence of certain facts.
For consent to be valid it must be voluntary and informed. Voluntary search requires that the consent to be given without coercion. Informed consent to a search requires the accused to be aware of the right to refuse the search and the consequences of consenting to the search.
