C-25.1 - Code of Penal Procedure

Section 96 Disposition versions

2020-07-13

96. A search is authorized by a warrant or telewarrant. No search may be made without a warrant or telewarrant except where the person in charge of the premises agrees to the search, or in urgent circumstances.

Circumstances are urgent where the time necessary to obtain a warrant or a telewarrant may result in danger to human life or health or to the safety of persons or property or in the disappearance, destruction or loss of the thing searched for. However, no search without a warrant or telewarrant may be made in a dwelling house except in an emergency where the person making the search has reasonable grounds to believe that the life, health or safety of a person is in danger.

1987, c. 96, a. 96; 2020, c. 12, s. 28.

1990-10-01

96. A search is authorized by a warrant. It may be authorized by a telewarrant where the circumstances, such as the time or distance that would be involved in obtaining a warrant, are likely to prevent the search. No search may be made without a warrant or telewarrant except where the person in charge of the premises agrees to the search, or in exigent circumstances.

Circumstances are exigent where the time necessary to obtain a warrant or even a telewarrant may result in danger to human health or to the safety of persons or property or in the disappearance, destruction or loss of the thing searched for. However, no search without a warrant or telewarrant may be made in a dwelling except in an emergency where the person making the search has reasonable grounds to believe that the health or safety of a person is in danger.

1987, c. 96, a. 96.