What are the statutory preconditions to obtain a search warrant?
Ontario, Canada
The following excerpt is from R. v. Sonne, 2011 ONSC 6734 (CanLII):
The statutory preconditions to the issuance of a search warrant are found in s. 487 of the Criminal Code. In Morelli, Fish J. stated that under the Charter, before a search can be conducted, the police must provide “reasonable and probable grounds, established upon oath, to believe that an offence has been committed and that there is evidence to be found at the place of the search”, citing Hunter v. Southam Inc., (citations omitted).[7]
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