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| Patrick Ducharme |
The person who was the subject of a search may also make application for an impoundment order. An impoundment order is an order issued by a Superior Court Justice requiring the searching authorities to place all items seized in a search into the custody of the court until the court makes a final determination as to the validity of the search and seizure.
Although an application for a search warrant is made ex parte, and therefore in private and in the absence of opposing counsel, the contents of the information used to obtain a search warrant are presumptively accessible by the person who was the subject of the search, unless the court, at the time of issuing the search warrant, ordered that the ITO be sealed pursuant to section 487.3 of the Code.2 Even if the ITO is sealed at the time of issuance, there is a presumption of disclosure of this information once the warrant has been executed.
The above is the an excerpt of Patrick J Ducharme’s book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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