Canadian Criminal Procedure and Practice/Search and Seizure/Warrant Searches/Execution

Lawful Entry into a Dwelling House
Where the police are present at a dwelling-house that is accessible to them, they may enter in certain circumstances. Unless there are exigent circumstances, the officer must make an announcement before forcing entry into a dwelling house. This is known as the knock-and-announce rule. This involves the following:
 * 1) notice of presence by knocking or ringing the door bell,
 * 2) notice of authority, by identifying themselves as law enforcement officers and
 * 3) notice of purpose, by stating a lawful reason for entry.

Once the announcement has been made the police must give the potential occupants a reasonable amount of time to answer the door.

The purpose of this rule is to protect "the dignity and privacy interests of the occupants of the house, and the enhancement of the safety of the police and the public".

Where announcement has been made and the police receive no answer, they are entitled to enter the home by force (the knock-and-break-in-the-door-if-no-answer rule).

An officer executing a search warrant must have the warrant available for production to allow the occupant to know (1) the reason for the search, informing them of their legal position and (2) that there is a "colour of authority" for the police to enter.

Hard/Dynamic Entry A hard entry (or dynamic entry) is an entry into a house without following the "knock-and-announce" common law rule.

Police may enter a residence with a search warrant and not follow the common law rule where they have grounds believe that announcing may result in evidence being destroyed or resistance may be made where officers will be put at risk.

The use of "hard entries" do not require judicial approval, but including it in the ITO would go contribute to the validity of the warrant.

Night Searches
Under s. 488 limits the use of night searches:

An applicant must include a request to perform a night search within the ITO.

A night search will only be granted in "exceptional circumstances". Mere convenience is not enough. The reason for a night search must be found in the text of the ITO to be valid.

A night search that does not comply with s. 488 is invalid and can be quashed. An invalid night search also violates s. 8 of the Charter.

Seizure of Evidence
Whenever evidence, other than records or documents, are seized pursuant to a search warrant or incidental to a search, the officer must file an initial Report To Justice under s.489.1 regardless of whether charges are contemplated.

Where the property is to be held for a period of greater than 30 days without charges being laid, the officer must also request a Detention Order from the justice or judge.

See more at Canadian Criminal Procedure and Practice/Search and Seizure/Seizure of Property